Specific Issues of the Resolving of the Internal and Cross-Border Conflict of Laws in the United States of America

2020 ◽  
Vol 17 (4) ◽  
pp. 31-40
Author(s):  
Ivan N. Chumachenko
Keyword(s):  
United States ◽  
United States Of America ◽  
Correct Choice ◽  
The United States ◽  
Federal Law ◽  
Applicable Law ◽  
Trade Relations ◽  
Cross Border ◽  
Legal Method ◽  
Basic Concepts

Introduction. The relevance of the article is due to the development of cross-border trade relations with the participation of residents of the United States of America and other states, in particular, and interest in questions about the correct choice of the applicable law in the framework of legal relations with the participation of US residents carried out in the territory or under the jurisdiction of the United States. Purpose. The author aims to consider the basic concepts, as well as some features of resolving conflicts arising between the provisions of federal law, the laws of certain states with the laws of other states, as well as, in some cases, with international law. Methodology. In the framework of the study, the author used various methods, in particular, the dialectical method, methods of analysis, synthesis, the formal legal method, the comparative legal method, as well as the method of interpretation of legal acts and judicial precedents. Results. The author examined the features of conflict resolution in accordance with statutory legislation, judicial precedents, as well as US doctrinal sources. The author provides the basic concepts regarding conflict law, which contain the main approaches to resolving the conflict of various jurisdictions in the United States. Conclusion. Based on the results of the study, the author concludes that even if there are separate (special) legal acts, court cases, as well as doctrinal sources that, it would seem, should help overcome conflicts between different legal systems, given the diversity of legal relations, such collisions will arise in the future, which will push lawmakers to further develop issues of US conflict law.

Internal and Cross-Border Conflict of Laws Regulation in the United States of America

2020 ◽  
Vol 9 (3) ◽  
pp. 784
Author(s):  
Ivan CHUMACHENKO
Keyword(s):  
United States ◽  
Comparative Method ◽  
Correct Choice ◽  
The United States ◽  
Conflict Of Laws ◽  
Law System ◽  
Cross Border ◽  
Legal Method ◽  
Basic Concepts ◽  
The U.S

The relevance of the research is due to the development of cross-border economy relations with involvement of the United States residents and the residents of other countries. Such an interest considers the questions about the correct choice of the applicable law in the framework of legal relations with the participation of U.S. residents carried out in the territory or residents of the different countries covered by the jurisdiction of the United States. The authors objectives under this article is to consider the basic concepts, as well as some features of resolving conflicts arising between the provisions of the U.S. Federal law, the laws of certain U.S. states with the laws of other countries, as well as, in some cases, with international law. In the framework of the study, the author used various methods, in particular, the dialectical method, methods of analysis, synthesis, the formal legal method, the comparative legal method, as well as the method of analyses of legal acts and judicial precedents. The basic method used in the paper is a comparative method. By applying of this method, the author tries to show the differences between US legislation (as the common law system country) and continental (civil) law countries in relation to the resolving of the conflicts of law. By using of the comparative method, the author also tried to show the differences between the English and the U.S. law. The comparative method also compared with the method of analyses by using of this method the author examined the features of conflict resolution in accordance with statutory legislation, judicial precedents, as well as U.S. doctrine sources. The author provides the basic concepts regarding to the law on conflicts, which contain the main approaches to resolving the conflict of various jurisdictions in the United States. As the results of the research, the author concludes that even if there are separate (special) legal acts, judicial cases, as well as doctrine sources that, it would seem, should help overcome conflicts between different legal systems, given the diversity of legal relations, such collisions will arise in the future, which will push lawmakers to further develop issues of U.S. ‘law on conflicts’ or ‘conflict of laws’.

scholarly journals Development of trade and economic cooperation between China and Russia in new geopolitical conditions

2019 ◽  
Vol 2 (51) ◽  
pp. 25-39
Author(s):  
A.V. Brizitskaya
Keyword(s):  
United States ◽  
Bilateral Trade ◽  
The United States ◽  
Agricultural Products ◽  
Political Life ◽  
Trade Relations ◽  
Cross Border ◽  
Modern Period ◽  
The World ◽  
Trade War

The article analyzes the trade relations between Russia and China in the modern period characterized by changes in the situation on the world stage and in the domestic political life of countries. The dynamics and commodity structure of bilateral trade of Russia and China have been studied, the Index of trade com-plementarity has been calculated, which showed that Chinese exports are more complementary to the structure of Russian imports than vice versa. Emphasis is placed on traditional trade in goods, excluding services and cross-border e-Commerce. The paper identifies two main directions which the development of Russian exports to China can take in the conditions of the "trade war" of China and the United States. The short-sighted policy of increasing only fuel and energy exports is justified. The reasons hindering the development of non-resource exports of Russia, primarily agricultural products and food, to China have been identified.

Incidence of Basic Concepts in the Directions of Five Commonly Used American Tests of Intelligence

1986 ◽  
Vol 7 (1) ◽  
pp. 1-10 ◽  
Author(s):  
Bruce A. Bracken
Keyword(s):  
United States ◽  
United States Of America ◽  
Basic Concept ◽  
The United States ◽  
Intelligence Tests ◽  
Frequency Count ◽  
Assessment Battery ◽  
Threats To Validity ◽  
Basic Concepts

Five intelligence tests produced in the United States of America were reviewed to determine the incidence of basic concepts within the test directions. The 258 concepts assessed by the Bracken Basic Concept Scale were used to produce the frequency count and it was found that the directions of four of the five intelligence tests were replete with basic concepts. The Kaufman Assessment Battery for Children had only six concepts used in the test directions, and the instrument allows for task teaching and alternate wording. Threats to validity are discussed for the four American instruments that had the most concepts assumed by the test authors.

35 United States of America

2018 ◽  
Author(s):  
Cohn Joshua
Keyword(s):  
United States ◽  
New York ◽  
United States Of America ◽  
New York State ◽  
The United States ◽  
Cross Border ◽  
Security Interest ◽  
Bankruptcy Code ◽  
The Right ◽  
The U.S

This chapter examines the most common aspects of the right of set-off in the United States, focusing on the State of New York. It also considers the U.S. Bankruptcy Code and its implications for the right of set-off. The chapter first considers contractual and statutory set-off outside bankruptcy proceedings and whether set-off can be considered a security interest before discussing set-off against insolvent parties. It explains how the right of set-off is affected by the automatic stay provision in section 362 of the Bankruptcy Code, the prohibition of creditor preferences, and fraudulent transfers. It also analyses choice of law issues arising in cross-border set-off, taking into account the relevant provisions of the New York State law and Chapter 15 of the Bankruptcy Code. Finally, it reviews the applicable rules for non-U.S. parties participating in a debtor's plenary Bankruptcy Code proceeding in the absence of a Chapter 15 ancillary proceeding.

scholarly journals The United States of America and the End of Dutch Colonial Rule in Indonesia

Ad Americam ◽  
2019 ◽  
Vol 20 ◽  
pp. 67-82
Author(s):  
Anna Wyrwisz
Keyword(s):  
United States ◽  
World War I ◽  
United States Of America ◽  
The United States ◽  
Colonial Rule ◽  
World War ◽  
Political Situation ◽  
East Indies ◽  
Trade Relations ◽  
The U.S

The United States had developed trade relations with the Dutch East Indies before World War I. In the 1920s, American diplomatic services prepared reports on the economic and political situation in the Dutch colony. The U.S. wanted to defend their interests in the region. In 1949, after several years of attempts to regain power in Indonesia, the Dutch withdrew in the absence of American support. A decade later, suchlike events occurred in connection with Dutch New Guinea.

Part 1 Comparative Overview of Concepts of Attorney–Client Privilege, 2 United States of America

2017 ◽  
Author(s):  
Möckesch Annabelle
Keyword(s):  
United States ◽  
United States Of America ◽  
The United States ◽  
Federal Law ◽  
Product Protection

This chapter presents the federal law on attorney–client privilege and work-product protection in the United States. Attorney–client privilege being a defence to document production, witness examination, and other methods of taking evidence should not be presented isolated from the context in which it arises. In order to properly understand the privilege law of the United States, this chapter commences by briefly outlining the course of a lawsuit and the taking of evidence with a particular focus on document production and witness examination.

scholarly journals European and American Perspectives on the Choice of Law Regarding Cross-Border Insolvencies of Multinational Corporations – Suggestions for South Africa

2017 ◽  
Vol 15 (5) ◽  
pp. 133
Author(s):  
Jeanette Weideman ◽  
Leonie Stander
Keyword(s):  
United States ◽  
South Africa ◽  
International Trade ◽  
United States Of America ◽  
Multinational Enterprises ◽  
The United States ◽  
Valuable Insight ◽  
Cross Border ◽  
The World ◽  
Model Law

An increase in economic globalisation and international trade has amounted to an increase in the number of multinational enterprises that have debt, own assets and conduct business in various jurisdictions around the world.  This, coupled with the recent worldwide economic recession, has inevitably caused the increased occurrence of multinational financial default, also known as cross-border insolvency (CBI). The legal response to this trend has, inter alia, produced two important international instruments that were designed to address key issues associated with CBI. Firstly, the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Model Law on Cross-Border Insolvency (the Model Law) in 1997, which has been adopted by nineteen countries including the United States of America and South Africa. Secondly, the European Union (EU) adopted the European Council Regulation on Insolvency Proceedings (EC Regulation) in 2000.  Both the EC Regulation and Chapter 15 adopt a “modified universalist” approach towards CBI matters. Europe and the United States of America are currently the world leaders in the area of CBI and the CBI legislation adopted and applied in these jurisdictions seems to be effective. As South Africa’s Cross-Border Insolvency Act is not yet effective, there is no local policy guidance available to insolvency practitioners with regard to the application of the Model Law. At the basis of this article is the view that an analysis of the European and American approaches to CBI matters will provide South African practitioners with valuable insight, knowledge and lessons that could be used to understand and apply the principles adopted and applied in terms of the EC Regulation and Chapter 15, specifically the COMI concept, the “establishment” concept in the case of integrated multinational enterprises and related aspects.  

scholarly journals Sino-US Trade and Trade War

2019 ◽  
Vol 5 ◽  
pp. 1
Author(s):  
Usha Kashyap ◽  
Neha Bothra ◽  
◽  
Keyword(s):  
United States ◽  
The United States ◽  
The European Union ◽  
Trade Relations ◽  
Cross Border ◽  
Economic Association ◽  
The World ◽  
Trade War ◽  
Cost Efficient ◽  
The Impact

Trade has been one of the most primary reasons behind economic association. Cross-border trade not only makes the markets cost-efficient but rather also brings up a higher degree of specialization to the respective nations. Bilateral trades have proven to be quintessential to both sides of the deal. However, on a parallel front, every economy has a self-interest toward the domestic produce, and they also try to defend their local manufacturers from cross-border competition. The United States has an “America-first” policy. Whenever the United States imposes tariffs and duties, similar responses have been observed by China. These moves are an area of great concern for global trade. The impact is often visible on the rest of the world. A trade-off exists between domestic economic growth and favored imports. This study is an attempt to discuss the trade relations between the United States and China and how this has led to a trade war. The trade tensions between the United States and China may continue for a few more years. There is a battle for economic supremacy and global leadership. This study explains why the United States is increasing tariffs on Chinese goods and how China is retaliating. This US–China trade war has affected not only the two economies but also the world economy. This study elucidates the repercussions of trade war on the international supply chain and the countries of the European Union. This study has also endeavored to discuss the impact of this trade war on the Indian economy. It is a golden opportunity for India to increase exports to China, the United States, and Europe.

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