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Littérature scientifique sur le sujet « Conflict of laws – United States »

Auteur : Grafiati
Publié le 10 mars 2023
Mis à jour le 30 juillet 2024

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Articles de revues sur le sujet "Conflict of laws – United States"

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Chumachenko, Ivan N. « Specific Issues of the Resolving of the Internal and Cross-Border Conflict of Laws in the United States of America ». Herald of Omsk University. Series : Law 17, no 4 (28 décembre 2020) : 31–40. http://dx.doi.org/10.24147/1990-5173.2020.17(4).31-40.

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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.
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CHUMACHENKO, Ivan. « Internal and Cross-Border Conflict of Laws Regulation in the United States of America ». Journal of Advanced Research in Law and Economics 9, no 3 (15 juin 2020) : 784. http://dx.doi.org/10.14505/jarle.v11.3(49).11.

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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’.
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Kozachuk, Yuriy S. « Conflict of Laws Issues of Bills’ Negotiation in the Law of the United States of America ». Moscow Journal of International Law 2, no 2 (30 juin 2014) : 116–32. http://dx.doi.org/10.24833/0869-0049-2014-2-116-132.

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The principles and the order of the settlement of conflict of laws issues of bills’ negotiation in the law of the USA have been researched in this article. The influence of general principles of conflict of laws on the order of settlement of conflict of laws issues of bills’ negotiation is being analyzed. Basic principles of localization of bills of exchange and promissory notes obligations in the US law have been determined, and reasons of different maintenance of these principles have been also set in the countries of the Geneva and Anglo-American law of bills. A comparison of the order of localization of bills’ obligations has been made in the Anglo-American and Geneva’s law of conflict of bills. The application of the principles of autonomy of will and of most close connection in the US law of conflict of bills is being examined in the article.
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Jawad, Ayesha, et Maira Bokhari. « Measuring the Protection of Cultural Property Under International Humanitarian Laws : Analysis of Russia-Ukraine Conflict ». Journal of Law & ; Social Studies 4, no 3 (30 septembre 2022) : 469–80. http://dx.doi.org/10.52279/jlss.04.03.469480.

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The debate on the topic of rules regarding the cultural property’s protection under International Humanitarian Law has renewed its significance in modern day armed conflicts. Since the latest technological and other advancements in the field of warfare the complexities regarding application of laws in warzone has also increased. Specifically, protection of cultural property during an armed conflict has posed serious challenges to both International Humanitarian Laws and International Criminal laws. Undoubtedly, United Nations does provide a multilayered model for protecting the property holding cultural value for states, however, the gaps in implementation makes it challenging for the parties to comply fully. This article undertakes an analysis of laws related to cultural property focusing principally on IHL particularly with the reference of current conflict between Ukraine and Russia. Furthermore, it provides certain recommendations that may be adopted to protect property holding cultural importance and value while addressing the present gaps.
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Knöfel, Susanne. « EC Legislation on Conflict of Laws : Interactions and Incompatibilities between Conflicts Rules ». International and Comparative Law Quarterly 47, no 2 (avril 1998) : 439–45. http://dx.doi.org/10.1017/s0020589300061935.

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Formerly, EC activity in the area of private law used to be content with approximating member States' substantive laws in specified areas, and, therefore, eventual conflictual implications demanded considerable interpretative efforts. Modern Community legislation, however, increasingly complements the intended substantive-law harmonisation with provisions on conflict of laws. Given the existence of the (Rome) Convention on the Law Applicable to Contractual Obligations, implemented in the United Kingdom by the Contracts (Applicable Law) Act 1990, this new tendency, where it concerns areas falling within the Convention, raises complex questions on both legislative technique and policy. The Convention, in Article 20, expressly reserves the precedence of Community choice of law rules. However, merely to point to this priority rule appears to be too simple a solution as conflicts, before being solved, have to be defined, and that is what this article aims at. Further, as an analysis that deals with European law would be incomplete without taking into account the impact on member States' law, reference will be made to domestic English and, for the purposes of comparison, to domestic German law. The latter appears to qualify for such a comparative approach because, due to the Rome Convention already having been part of the domestic law for a considerable period, certain experience might be expected within that legal system in dealing with contract conflicts issues thereunder.
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Myers, Cayce. « Digital Immortality vs. “The Right to be Forgotten” : A Comparison of U.S. and E.U. Laws Concerning Social Media Privacy ». Romanian Journal of Communication and Public Relations 16, no 3 (24 avril 2016) : 47. http://dx.doi.org/10.21018/rjcpr.2014.3.175.

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This paper examines the contrast between United States and European Union laws concerning social media users’ right to remove their online presence permanently. Currently, the United States and European Union represent two distinct approaches to the right of individuals to permanently remove personal content from social media. U.S. law favors social media companies keeping profile content within the digital sphere even when that person no longer wants it there. The European Union’s approach social media privacy gives users more rights to remove themselves entirely from social media permanently (General Data Protection Regulation, Article 17, 2012). Using Myres McDougal’s (1959) legal theory of international laws’ effect on national policy, this legal study examines the social media privacy laws of the United States and European Union concerning user control of personal content. From this analysis, future implications of this international conflict, specifically the legal delineation of public and private spheres in the 21st Century, are suggested.
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Vázquez, Carlos M. « Introduction to Symposium on the Third Restatement of Conflict of Laws ». AJIL Unbound 110 (2016) : 137–38. http://dx.doi.org/10.1017/s2398772300002956.

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The American Law Institute (ALI) has recently embarked on the project of elaborating a new Restatement of Conflict of Laws. Its first two Restatements on this subject have been enormously influential. The Ali began its work on the First Restatement in 1923, naming Joseph Beale of the Harvard Law School as its Reporter. Adopted in 1934, the First Restatement reflected the highly territorialist approach to the conflict of laws that had long prevailed in this country. Even before the First Restatement’s adoption, the First Restatement’s territorialist approach, and the “vested rights” theory on which it was based, was subjected to intense scholarly criticism. Nevertheless, the First Restatement’s approach continued to prevail in the United States until the New York Court of Appeals initiated a “choice-of-law revolution” in the early 1960’s with its decision inBabcock v. Jackson. Although most states have departed from the First Restatement’s approach, the First Restatement retains its adherents. Ten states continue to follow the First Restatement for tort cases and twelve states for contract cases.
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Diehl, Paul F., Jennifer Reifschneider et Paul R. Hensel. « United Nations intervention and recurring conflict ». International Organization 50, no 4 (1996) : 683–700. http://dx.doi.org/10.1017/s0020818300033555.

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The end of the cold war has signaled a dramatic increase in the number and forms of United Nations (UN) intervention into ongoing conflicts. Yet, this larger UN role has not always translated into success. Short-term failures are evident, but the long-term effects of UN efforts are not readily apparent. We explore this longer-term impact by examining the incidence of recurring conflict between state dyads following a crisis. Overall, UN intervention has proved ineffective in inhibiting, delaying, or lessening the severity of future conflicts, independent of the level of violence in the precipitating crisis, the relative capabilities of the two states, the states' history of conflict, and the form of crisis outcome; nor were UN efforts successful in deterring future conflict. These sobering results suggest that changes in long-term strategy may be in order.
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Lewis, Jeffrey G., et Scott D. Sagan. « The Nuclear Necessity Principle : Making U.S. Targeting Policy Conform with Ethics & ; the Laws of War ». Daedalus 145, no 4 (septembre 2016) : 62–74. http://dx.doi.org/10.1162/daed_a_00412.

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In 2013, Obama administration spokesmen stated that all U.S. nuclear war plans “apply the principles of distinction and proportionality and seek to minimize collateral damage to civilian populations and civilian objects.” We analyze U.S. nuclear policy documents and argue that major changes must be made if U.S. nuclear war plans are to conform to these principles of just war doctrine and the law of armed conflict. We propose that the U.S. president announce a commitment to a “principle of necessity,” committing the United States not to use nuclear weapons against any military target that can be destroyed with reasonable probability of success by a conventional weapon. Such a doctrinal change would reduce collateral damage from any nuclear strike or retaliation by the United States and would, we argue, make our deterrent threats more credible and thus more effective.
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Smiley, Will. « Lawless Wars of Empire ? The International Law of War in the Philippines, 1898–1903 ». Law and History Review 36, no 3 (13 juin 2018) : 511–50. http://dx.doi.org/10.1017/s0738248017000682.

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Writing for his fellow military officers in early 1903, United States Army Major C.J. Crane reflected on the recent Philippine–American War. The bloody struggle to suppress an insurgency in the Philippines after the United States had annexed them from Spain in 1899 had officially concluded the previous July. The war had been accompanied by fierce racist sentiments among Americans, and in keeping with these, Crane described his foes as “the most treacherous people in the world.” But Crane's discussion drew as much on concepts of law as it did on race. The average American officer, Crane argued, had “remembered all the time that he was struggling with an enemy who was not entitled to the privileges usually granted prisoners of war,” and could be summarily executed, without benefit of “court-martial or other regular tribunal.” If anything, the Americans had been too generous. “Many [American] participants in the struggle,” he maintained, “have failed to fully understand that we were practically fighting an Asiatic nation in arms and almost every man a soldier in disguise and a violator” of the laws of war. But what did those laws mean to the United States during the conflict, and what does this indicate about the broader history of international law's relationship to empire?
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Thèses sur le sujet "Conflict of laws – United States"

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Norman, Allen G. « Alternative dispute resolution and public policy conflict : Preemptive dispute resolution negotiated rulemaking ». CSUSB ScholarWorks, 1994. https://scholarworks.lib.csusb.edu/etd-project/928.

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Estes, Elizabeth. « Sex Tourism in St. Thomas, United States Virgin Islands : An Exploratory Study ». NSUWorks, 2014. http://nsuworks.nova.edu/shss_dcar_etd/9.

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St. Thomas, United States Virgin Islands, is similar to other tourism dependent Caribbean nations where the tourism industry is dependent upon the `4 S's'- sun, sand, sea, and sex. This researcher posited that the phenomenon of sex tourism exists in St. Thomas as it does in other tourist destinations in the Caribbean like Jamaica, Belize, Costa Rica, Dominican Republic and Barbados (Bailey and Ricketts, 2003; de Albuquerque, 1998; Munshi, 2006; Ryan and Kinder, 1996). The lacuna of any U.S. Virgin Islands sex tourism literature prompted this researcher to conduct an exploratory case study in St. Thomas to learn whether or not sex tourism exists in the U.S. territory. Using a qualitative approach, this study finds that sex tourism does exist in St. Thomas. This information is pertinent to Conflict Analysis and Resolution because of sex tourism's strong involvement with the spread of sexually transmitted diseases including HIV/AIDS, human rights violations, gender based violence, human trafficking, and other social challenges. Examining sex tourism from three different sources, this researcher uses Human Needs theory and feminism to frame the research. The findings of this study are of interest to academia, government agencies, non-profit organizations, and tourism industries.
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Epp, Astrid. « Law in conflict : the regulation of genetically modified food in Germany and in the United States ». [S.l. : s.n.], 2003. http://deposit.ddb.de/cgi-bin/dokserv?idn=973556633.

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Juras, Camille. « International intellectual property disputes and arbitration : a comparative analysis of American, European and international approaches : the search for an acceptable arbitral site ». Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80932.

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This paper compares the arbitral procedures used in different legal systems and evaluates their suitability for international intellectual property disputes. By doing so, it will identify many obstacles to the realization of an international arbitral regime responding to intellectual property disputes.
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Moore, Caitlin M. « Third party intervention in humanitarian conflict : why the U. S. intervened in the Bosnian War / ». Connect to online version, 2007. http://ada.mtholyoke.edu/setr/websrc/pdfs/www/2007/237.pdf.

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Bonova, Lucia. « The international merger control regime : building cooperation without harmonization ». Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=98603.

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Globalization has had two major implications for national merger control regimes: national competition authorities are called more and more to examine transactions with cross-border dimensions and secondly, domestic business practices may be scrutinized by foreign nations. In light of this, divergent substantive standards have become a source of international friction, notably between the two most mature merger control regimes, the European Union and the United States.
Facing this new reality, it has become clear that some sort of international arrangement will be needed in order to reduce the inefficiencies created by multijurisdictional review. Various proposals have been made, ranging from ambitious ones that would include the creation of an international competition code and enforcement agency, to more realistic proposals of achieving international coordination of merger control regimes through bilateral and multilateral cooperation amongst antitrust agencies.
This thesis argues that the path of large-scale cooperation is the most appropriate way to cope with the problems raised by globalization. As such, cooperation does not imply the harmonization of merger control regimes. The future lies in the hands of the International Competition Network which, despite considerable achievements, must evolve in the near future.
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Garland, Ross. « Cross-citation in death penalty cases and the internationalisation of human rights ». Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:5058e6e1-26f6-4207-8ce0-9fa80bde5e43.

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This thesis examines why courts in the United States of America (US), India and South Africa refer to foreign law in death penalty cases. To gain an understanding of what drives the apex courts of the US, India and South Africa to cite foreign law when considering domestic death penalty issues, this thesis proposes a three-part matrix to both assess the relevant case law and to analyse the academic literature on cross-citation. Firstly, it will be demonstrated that judges in national courts cross-cite comparative law out of a primary interest in constitutional interpretation. Cross-citation is used in this manner to assist judges in their domestic interpretative tasks. Secondly, it will be illustrated how courts that engage in the citation of foreign law also seek guidance from other jurisdictions as to the content of shared values, such as what type of punishment does not fundamentally and unlawfully violate the right to human dignity. Finally, this thesis assesses to what degree courts from the three selected jurisdictions are additionally referencing or applying a customary international law norm when citing foreign sources. The argument is made that the domestic courts under examination engage with comparative law in the context of a broader transnational normative project, taking the international human rights framework that developed after the Second World War as a key reference point. In doing so, this thesis argues that these courts are at times recognising and developing emerging customary norms, and at other times giving effect to and enforcing applicable international human rights law.
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Street, Thomas Barrett. « Submerged historical and archeological resources a study of the conflict and interface between United States cultural resource law and policy and international governance measures / ». Access to citation, abstract and download form provided by ProQuest Information and Learning Company ; downloadable PDF file, 367 p, 2007. http://proquest.umi.com/pqdweb?did=1362524541&sid=3&Fmt=2&clientId=8331&RQT=309&VName=PQD.

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Sukovaty, Beckey D. « A Feminist Philosophical Critique of Domestic Mediation (ADR) Practices in the United States : Realizing Mary Parker Follett's Theory of Empowerment ». Thesis, Connect to title online (Scholars' Bank), 2008. http://hdl.handle.net/1794/8480.

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Al-sa'd, Sa'd Faisal 1947. « Symbolic commitment of presidential speeches : A study of American policy toward the Arab-Israeli conflict ». Diss., The University of Arizona, 1996. http://hdl.handle.net/10150/282145.

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The purpose of this study was to explore systematically the interaction among nation states by focusing on a single case of American policy toward the Arab-Israeli conflict, specifically the symbolic rhetoric in presidential speeches. This study seeks to increase our knowledge about international crises, and any possible patterns and fluctuations in presidential symbolic rhetoric toward the Arab-Israeli conflict during the 1948-1992 period. The central objective is to explore whether changes in symbolic rhetoric may be related to the escalation of the conflict, as well as investigating numerous parameters of the rhetoric itself. The measure of presidential symbolic rhetoric was tested in seven Middle East countries: Egypt, Iraq, Israel, Jordan, Lebanon, Saudi Arabia and Syria. Theoretically the study adopts Edelman's classification method in distinguishing between referential and condensational symbols. Attention in this study is paid to condensational symbols or symbolic commitment (i.e pride, anxieties, patriotism), and whether the use of those symbols in the Middle East might have been related to three other primary variables: actual conflict in the Middle East, United States military and economic aid to the region, and U.S. political initiatives in the region. In addition, we focused on five distinct conflict periods to see whether changes in symbolic rhetoric patterned itself differently before, during, and after the five crises. The principle conclusion of this research is that the Arab-Israeli conflict was an important issue symbolically to U.S. policy makers, and the presidents of United States lean toward positive symbols. These symbolic commitments tend to increase during the escalation process, and the amount of attention and symbols decreased when war de-escalated. From these results it is possible to assert that presidential perceptions reacted to events as they developed in the region. Convergence between rhetoric and conflict in this specific study suggests that symbols are important political and social indicators in the way policy makers perceive certain issue-areas, and this rhetoric relates to important political events in the Middle East.
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Livres sur le sujet "Conflict of laws – United States"

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author, Goldsmith Jack, et O'Connor, Erin O'Hara, 1965- author, dir. Conflict of laws : Cases and materials. New York : Wolters Kluwer, 2015.

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Koh, Harold Hongju. Transnational litigation in United States courts. New York : Foundation Press, 2008.

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Bufford, Samuel L. United States international insolvency law. New Providence, N.J : LexisNexis, 2015.

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Kay, Herma Hill. Conflict of laws : Cases, comments, questions. St. Paul, MN : West, 2013.

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Paust, Jordan J. International law as law of the United States. Durham, N.C : Carolina Academic Press, 1996.

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Mary, Keyes, dir. Policy and pragmatism in the conflict of laws. Aldershot : Ashgate, 2001.

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Library of Congress. Congressional Research Service, dir. Extraterritorial application of United States industrial safety and health legislation. Washington, D.C : Congressional Research Service, Library of Congress, 1985.

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Library of Congress. Congressional Research Service, dir. Extraterritorial application of United States industrial safety and health legislation. Washington, D.C : Congressional Research Service, Library of Congress, 1985.

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US GOVERNMENT. Compilation of federal ethics laws. Washington : U.S. G.P.O., 1993.

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Lynd, Staughton. Class conflict, slavery, and the United States Constitution. New York : Cambridge University Press, 2009.

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Chapitres de livres sur le sujet "Conflict of laws – United States"

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Watts, Sean. « Domestic Investigation of Suspected Law of Armed Conflict Violations : United States Procedures, Policies, and Practices ». Dans Yearbook of International Humanitarian Law 2011 - Volume 14, 85–105. The Hague, The Netherlands : T. M. C. Asser Press, 2012. http://dx.doi.org/10.1007/978-90-6704-855-2_3.

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Goel, Sudershan, Barbara A. Sims et Ravi Sodhi. « Laws of the United States ». Dans Domestic Violence Laws in the United States and India, 17–29. New York : Palgrave Macmillan US, 2014. http://dx.doi.org/10.1057/9781137387073_3.

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Anderson, Scot, Jessica Black Livingston, Paul Hilton, Julia La Manna, Andrew Lillie, Aaron O’Connell et Elizabeth Titus. « The United States : Mining Laws ». Dans Encyclopedia of Mineral and Energy Policy, 1–11. Berlin, Heidelberg : Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-642-40871-7_307-1.

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Mercier, Stephanie A., et Steve A. Halbrook. « Food Safety Laws ». Dans Agricultural Policy of the United States, 127–42. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-36452-6_9.

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Clark, Karen. « Laws and Regulations ». Dans Environmental Crime in the United States, 34–53. London : Routledge, 2024. http://dx.doi.org/10.4324/9781003241201-3.

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Varner, Elizabeth. « Comparing Interpretations of States’ and Non-State Actors’ Obligations Toward Cultural Heritage in Armed Conflict and OccupationMilitary Manuals and the Law of War ». Dans Intersections in International Cultural Heritage Law, 56–81. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198846291.003.0003.

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The 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict (1954 Hague Convention) remains the leading treaty on the treatment of cultural heritage during armed conflict and occupation. After several decades of relative dormancy, eleven States have joined the 1954 Hague Convention in the last decade, including two major military powers: the United States and the United Kingdom. In addition to the 1954 Hague Convention, a host of laws touch on the protection of cultural property in armed conflict, as well as those under customary international law. Nonetheless, there are disagreements in interpretations of States’ obligations toward cultural property during armed conflict stemming from a variety of factors. These factors can include: whether States are Parties to the instrument that conveys the obligation or if the obligation is one of customary international law, which itself is often contested; the individual State’s interpretation; interpretation by tribunals; and a plethora of other factors. Given these discrepancies in interpretation, a review of States’ military manuals is useful to see if they shed any light on the State’s interpretation of their obligations toward cultural property under the law of armed conflict (LOAC) and international obligations in LOAC more generally. This chapter will analyze and compare the military manuals of the United States and the United Kingdom to determine how they elucidate several key issues in the protection of cultural property during armed conflict, such as the definition of ‘cultural property’, requirements for ‘respect’, the doctrine of military necessity, and laws applicable in non-international armed conflicts.
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Davies, Martin. « Forum Non Conveniens : Now We Are Much More Than Ten ». Dans A Conflict Of Laws Companion, 31–52. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198868958.003.0002.

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This essay addresses the development of the forum conveniens doctrine across the common law world, in particular in the United Kingdom, United States and Australia, and examines in particular the role played by public interest factors in light of technological developments marginalising the significance of the parties’ private interests.
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Govindaraj, V. C. « The Trend-setting Developments in Conflict of Laws ». Dans The Conflict of Laws in India, 273–309. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199495603.003.0015.

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This chapter examines the ‘vested or acquired rights’ theory of Professor A. V. Dicey in England and Professor J. H. Beale in the United States, which is traceable to Ulrich Huber (1635-94), a Dutch jurist-cum-judge. Huber’s formulations in respect of the binding force of law in general and conflict of laws in particular is derived from the sovereignty of states which, according to him, is unlimited and absolute. This view is in keeping with Hobbesian theory of sovereignty of states. The chapter aims to impress upon the Indian legal fraternity that it is high time to reorient their attitude and approach to conflict of laws or private international law.
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« Judicial Jurisdiction in the United States and in the European Communities : A Comparison ». Dans Selected Essays on the Conflict of Laws, 87–107. Brill | Nijhoff, 2000. http://dx.doi.org/10.1163/9789004480438_006.

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Collins, Lawrence. « Blocking and Clawback Statutes : The United Kingdom Approach ». Dans Essays in International Litigation and the Conflict of Laws, 333–51. Oxford University PressOxford, 1996. http://dx.doi.org/10.1093/oso/9780198265665.003.0008.

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Abstract The extraterritorial effect of United States legislation still continues to disturb UK¬ US relations. The principal areas of controversy relate to anti-trust, securities regulation and export control. In the field of anti-trust, the United States courts have moderated the ‘effects’ doctrine by devising an ad hoc interest-balancing test to determine whether jurisdiction should be exercised, based on whether the interests of, and links to, the United States are sufficiently strong vis-a-vis those of other nations to justify an assertion of extraterritorial authority: Timberlane Lumber Co. v. Bank of America, 549 F. 2d 597 (9th Cir. 1976) and 749 F. 2d 1378 (9th Cir. 1984). But it is notorious that the balance almost always tips in favour of the United States. Most recently in Re Insurance Antitrust Litigation, 938 F. 2d 919 (9th Cir. 1991) the Court of Appeals for the Ninth Circuit held that the balance was in favour of the United States in relation to an alleged conspiracy between British reinsurers and US insurance companies, because the effects were felt largely in the United States and the defendants foreseeably intended that their conduct would have effect there, even though it was lawful under English law.
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Actes de conférences sur le sujet "Conflict of laws – United States"

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Merchant, John, et Sylnovie Merchant. « Information Technology and the Work/Cultural Orientations of Americans, Mexicans and Germans ». Dans InSITE 2007 : Informing Science + IT Education Conference. Informing Science Institute, 2007. http://dx.doi.org/10.28945/3118.

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From a business perspective, the political and economic effectiveness of the United States in the global market-place will depend on individual abilities to communicate with people from other cultures. Most multinational corporations have one individual from one culture managing employees from other cultures. This has led to conflict, law-suits, and reduced productivity. To date, US business people sent overseas have not fared well compared to their counterparts from Europe and Asia, primarily because of cultural conflicts. The future success of American business, therefore, is its ability to interact with other cultures and to understand the orientations of these individuals.
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Ubong, Etim U., et K. J. Berry. « Regulations Governing Transportation of Portable Fuel Cell Devices and Systems in Aircrafts ». Dans ASME 2003 1st International Conference on Fuel Cell Science, Engineering and Technology. ASMEDC, 2003. http://dx.doi.org/10.1115/fuelcell2003-1750.

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The revolutionary advancements of electrical fuel cell power within the past decade has drawn public awareness and criticism to the hazardous nature of hydrogen and other fuels used in fuel cell powered devices and systems. Although these fuels are regulated, their fuel storage devices (cartridges) are not, hence, requiring various governmental agencies approval such as the Department of Transportation, which typically applies its regulations for transportation of hazardous materials. As the development of these devices grow, issues regarding transportation of hazardous materials, components in mass transportation systems: e.g. passenger aircrafts, ships, trains, and buses, USPS, will come under intense legal scrutiny. The United States and other nations, including international bodies such as the United Nations have national and international laws regulating transit of hazardous/toxic materials across state/national and international boundaries. These different regulations often conflict and are serious barriers to the transportation of fuel cell powered consumer electronic devices such as laptop computers, cell phones, camcorders, calculators and even portable CD Players in commerce. This report addresses the regulatory framework regarding transportation of fuel cell hazardous-material – containing devices by aircrafts and suggests solutions to obtaining approval from various governmental agencies.
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Adam, Avshalom M. « A Comment on the Ethics Statements of Global Non-Governmental Organizations and their Relation to Sustainable Development Goals ». Dans 2nd International Conference Global Ethics - Key of Sustainability (GEKoS). LUMEN Publishing House, 2021. http://dx.doi.org/10.18662/lumproc/gekos2021/01.

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Human endeavors can be understood at the levels of evaluating what is good (values identification) and judging what is right (norms identification). These ethical considerations ideally find expression by becoming embedded in daily activity, with the ideal often buttressed by formal laws and regulations. Commitments to a strategy of sustainable management remain principally an ethical (rather than a regulatory) issue and are addressed primarily by non-governmental organizations (NGOs) rather than states. The United Nations’ 17 Sustainable Development Goals (SDGs) offer a blueprint for a more sustainable future. Faced with the consequences of climate change, natural disasters, environmental degradation, armed conflicts, and mass migration, NGOs’ commitments to the SDGs may be expressed in their engagement with meeting the immediate basic needs of present generations (e.g., for clean air, clean water, food, clothing, and shelter) and by humanitarian or developmental actions (which are part and parcel of sustainability development strategy and its implementation). In the present paper, I will offer a preliminary exploration of the question, to what extent do NGOs’ ethical commitments encompass strategy-led sustainable development capable of contributing to improving the likelihood of survival of a vulnerable population?
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Lučić, Sonja. « VEŠTAČKA INTELIGENCIJA I PATENTNO PRAVO ». Dans XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.479l.

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Artificial intelligence is a field of technology that is developing intensively. Along with the development of artificial intelligence, the issue of its patent protection has become topical. Artificial intelligence systems are based on highly developed algorithms and mathematical models, phenomena with which patent law is traditionally in conflict. This issue is not just a national or European problem. There is also an intensive debate in the United States about the patentability of artificially intelligent systems. The author deals with the question of whether artificially intelligent systems can enjoy patent protection. The paper analyzes the case of "DABUS" which refers to an international patent application in which the artificially intelligent system DABUS is listed as the inventor. Numerous intellectual property offices around the world (eg American, British, German, Australian, EPO) have rejected such a patent application. On the other hand, the Federal Court of Australia has ruled that under the Australian Patent Act AI could be listed as the inventor. Recognition of AI as the inventor (not the owner) of inventions generated by artificial intelligence can have certain consequences, including in the field of copyright.
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Ramirez, M., J. Flores, J. Cavanaugh et M. Hatzenbuehler. « 0109 Do anti-bullying laws work ? A 26 year analysis of laws in the United States ». Dans Injury and Violence Prevention for a Changing World : From Local to Global : SAVIR 2021 Conference Abstracts. BMJ Publishing Group Ltd, 2021. http://dx.doi.org/10.1136/injuryprev-2021-savir.82.

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Dong, Beidi, et David Wilson. « 021 State gun laws and youth handgun carrying in the United States ». Dans SAVIR 2022 Conference Abstracts. BMJ Publishing Group Ltd, 2022. http://dx.doi.org/10.1136/injuryprev-2022-savir.15.

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Li, Zi’ang. « Laws and Policies Enacted by the United States for Immigration and the Impacts ». Dans 2021 4th International Conference on Humanities Education and Social Sciences (ICHESS 2021). Paris, France : Atlantis Press, 2022. http://dx.doi.org/10.2991/assehr.k.211220.328.

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Smith, David O., et Jane M. Lehr. « Scaling Laws for Solid-State Opening Switch Generators ». Dans 2024 United States National Committee of URSI National Radio Science Meeting (USNC-URSI NRSM). IEEE, 2024. http://dx.doi.org/10.23919/usnc-ursinrsm60317.2024.10464639.

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Puac-Polanco, Victor, Pia Mauro, Katherine Keyes et Charles Branas. « 7C.003 Drink Special Laws and Alcohol-Related Fatal Crashes in the United States ». Dans Virtual Pre-Conference Global Injury Prevention Showcase 2021 – Abstract Book. BMJ Publishing Group Ltd, 2021. http://dx.doi.org/10.1136/injuryprev-2021-safety.176.

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Percher, Catherine, et Jesse Norris. « PMT-004 Validation Testing for Thermal Scattering Laws and Some Interesting Temperature-Dependent Implications [Slides] ». Dans Mini-CSEWG Meeting, Livermore, CA (United States), 25-27 Apr 2023. US DOE, 2023. http://dx.doi.org/10.2172/1993797.

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Rapports d'organisations sur le sujet "Conflict of laws – United States"

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Lewis, Dustin, dir. Database of States’ Statements (August 2011–October 2016) concerning Use of Force in relation to Syria. Harvard Law School Program on International Law and Armed Conflict, mai 2017. http://dx.doi.org/10.54813/ekmb4241.

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Many see armed conflict in Syria as a flashpoint for international law. The situation raises numerous unsettling questions, not least concerning normative foundations of the contemporary collective-security and human-security systems, including the following: Amid recurring reports of attacks directed against civilian populations and hospitals with seeming impunity, what loss of legitimacy might law suffer? May—and should—states forcibly intervene to prevent (more) chemical-weapons attacks? If the government of Syria is considered unwilling or unable to obviate terrorist threats from spilling over its borders into other countries, may another state forcibly intervene to protect itself (and others), even without Syria’s consent and without an express authorization of the U.N. Security Council? What began in Daraa in 2011 as protests escalated into armed conflict. Today, armed conflict in Syria implicates a multitude of people, organizations, states, and entities. Some are obvious, such as the civilian population, the government, and organized armed groups (including designated terrorist organizations, for example the Islamic State of Iraq and Syria, or ISIS). Other implicated actors might be less obvious. They include dozens of third states that have intervened or otherwise acted in relation to armed conflict in Syria; numerous intergovernmental bodies; diverse domestic, foreign, and international courts; and seemingly innumerable NGOs. Over time, different states have adopted wide-ranging and diverse approaches to undertaking measures (or not) concerning armed conflict in Syria, whether in relation to the government, one or more armed opposition groups, or the civilian population. Especially since mid-2014, a growing number of states have undertaken military operations directed against ISIS in Syria. For at least a year-and-a-half, Russia has bolstered military strategies of the Syrian government. At least one state (the United States) has directed an operation against a Syrian military base. And, more broadly, many states provide (other) forms of support or assistance to the government of Syria, to armed opposition groups, or to the civilian population. Against that backdrop, the Harvard Law School Program on International Law and Armed Conflict (HLS PILAC) set out to collect states’ statements made from August 2011 through November 2016 concerning use of force in relation to Syria. A primary aim of the database is to provide a comparatively broad set of reliable resources regarding states’ perspectives, with a focus on legal parameters. A premise underlying the database is that through careful documentation of diverse approaches, we can better understand those perspectives. The intended audience of the database is legal practitioners. The database is composed of statements made on behalf of states and/or by state officials. For the most part, the database focuses on statements regarding legal parameters concerning use of force in relation to Syria. HLS PILAC does not pass judgment on whether each statement is necessarily legally salient for purposes of international law. Nor does HLS PILAC seek to determine whether a particular statement may be understood as an expression of opinio juris or an act of state practice (though it might be).
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Lewis, Dustin, Naz Modirzadeh et Jessics Burniske. The Counter-Terrorism Committee Executive Directorate and International Humanitarian Law : Preliminary Considerations for States. Harvard Law School Program on International Law and Armed Conflict, mars 2020. http://dx.doi.org/10.54813/qiaf4598.

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In developing international humanitarian law (IHL), States have aimed in part to lay down the primary normative and operational framework pertaining to principled humanitarian action in situations of armed conflict. The possibility that certain counterterrorism measures may be instituted in a manner that intentionally or unintentionally impedes such action has been recognized by an increasingly wide array of States and entities, including the United Nations Security Council and the U.N. Secretary-General. At least two aspects of the contemporary international discourse on intersections between principled humanitarian action and counterterrorism measures warrant more sustained attention. The first concerns who is, and who ought to be, in a position to authentically and authoritatively interpret and apply IHL in this area. The second concerns the relationships between IHL and other possibly relevant regulatory frameworks, including counterterrorism mandates flowing from decisions of the U.N. Security Council. Partly in relation to those two axes of the broader international discourse, a debate has emerged regarding whether the U.N. Security Council may authorize one particular counterterrorism entity — namely, the Counter-Terrorism Committee Executive Directorate (CTED) — to interpret and assess compliance with IHL pertaining to humanitarian action in relation to certain counterterrorism contexts. In a new legal briefing for the Harvard Law School Program on International Law and Armed Conflict (HLS PILAC), Dustin A. Lewis, Naz K. Modirzadeh, and Jessica S. Burniske seek to help inform that debate by raising some preliminary considerations regarding that possibility. The authors focus on the possible implications of States and other relevant actors pursuing various responses or not responding to this debate. One of the authors’ goals is to help raise awareness of this area with a focus on perspectives drawn from international law. Another is to invite a broader engagement with the question of the preservation of the humanitarian commitments laid down in IHL in a period marked by a growing number — and a deepening — of the intersections between situations of armed conflict and measures to suppress terrorism.
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Lewis, Dustin, et Naz Modirzadeh. Taking into Account the Potential Effects of Counterterrorism Measures on Humanitarian and Medical Activities : Elements of an Analytical Framework for States Grounded in Respect for International Law. Harvard Law School Program on International Law and Armed Conflict, mai 2021. http://dx.doi.org/10.54813/qbot8406.

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For at least a decade, States, humanitarian bodies, and civil-society actors have raised concerns about how certain counterterrorism measures can prevent or impede humanitarian and medical activities in armed conflicts. In 2019, the issue drew the attention of the world’s preeminent body charged with maintaining or restoring international peace and security: the United Nations Security Council. In two resolutions — Resolution 2462 (2019) and Resolution 2482 (2019) — adopted that year, the Security Council urged States to take into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law (IHL). By implicitly recognizing that measures adopted to achieve one policy objective (countering terrorism) can impair or prevent another policy objective (safeguarding humanitarian and medical activities), the Security Council elevated taking into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities to an issue implicating international peace and security. In this legal briefing, we aim to support the development of an analytical framework through which a State may seek to devise and administer a system to take into account the potential effects of counterterrorism measures on humanitarian and medical activities. Our primary intended audience includes the people involved in creating or administering a “take into account” system and in developing relevant laws and policies. Our analysis zooms in on Resolution 2462 (2019) and Resolution 2482 (2019) and focuses on grounding the framework in respect for international law, notably the U.N. Charter and IHL. In section 1, we introduce the impetus, objectives, and structure of the briefing. In our view, a thorough legal analysis of the relevant resolutions in their wider context is a crucial element to laying the conditions conducive to the development and administration of an effective “take into account” system. Further, the stakes and timeliness of the issue, the Security Council’s implicit recognition of a potential tension between measures adopted to achieve different policy objectives, and the relatively scant salient direct practice and scholarship on elements pertinent to “take into account” systems also compelled us to engage in original legal analysis, with a focus on public international law and IHL. In section 2, as a primer for readers unfamiliar with the core issues, we briefly outline humanitarian and medical activities and counterterrorism measures. Then we highlight a range of possible effects of the latter on the former. Concerning armed conflict, humanitarian activities aim primarily to provide relief to and protection for people affected by the conflict whose needs are unmet, whereas medical activities aim primarily to provide care for wounded and sick persons, including the enemy. Meanwhile, for at least several decades, States have sought to prevent and suppress acts of terrorism and punish those who commit, attempt to commit, or otherwise support acts of terrorism. Under the rubric of countering terrorism, States have taken an increasingly broad and diverse array of actions at the global, regional, and national levels. A growing body of qualitative and quantitative evidence documents how certain measures designed and applied to counter terrorism can impede or prevent humanitarian and medical activities in armed conflicts. In a nutshell, counterterrorism measures may lead to diminished or complete lack of access by humanitarian and medical actors to the persons affected by an armed conflict that is also characterized as a counterterrorism context, or those measures may adversely affect the scope, amount, or quality of humanitarian and medical services provided to such persons. The diverse array of detrimental effects of certain counterterrorism measures on humanitarian and medical activities may be grouped into several cross-cutting categories, including operational, financial, security, legal, and reputational effects. In section 3, we explain some of the key legal aspects of humanitarian and medical activities and counterterrorism measures. States have developed IHL as the primary body of international law applicable to acts and omissions connected with an armed conflict. IHL lays down several rights and obligations relating to a broad spectrum of humanitarian and medical activities pertaining to armed conflicts. A violation of an applicable IHL provision related to humanitarian or medical activities may engage the international legal responsibility of a State or an individual. Meanwhile, at the international level, there is no single, comprehensive body of counterterrorism laws. However, States have developed a collection of treaties to pursue specific anti-terrorism objectives. Further, for its part, the Security Council has assumed an increasingly prominent role in countering terrorism, including by adopting decisions that U.N. Member States must accept and carry out under the U.N. Charter. Some counterterrorism measures are designed and applied in a manner that implicitly or expressly “carves out” particular safeguards — typically in the form of limited exceptions or exemptions — for certain humanitarian or medical activities or actors. Yet most counterterrorism measures do not include such safeguards. In section 4, which constitutes the bulk of our original legal analysis, we closely evaluate the two resolutions in which the Security Council urged States to take into account the effects of (certain) counterterrorism measures on humanitarian and medical activities. We set the stage by summarizing some aspects of the legal relations between Security Council acts and IHL provisions pertaining to humanitarian and medical activities. We then analyze the status, consequences, and content of several substantive elements of the resolutions and what they may entail for States seeking to counter terrorism and safeguard humanitarian and medical activities. Among the elements that we evaluate are: the Security Council’s new notion of a prohibited financial “benefit” for terrorists as it may relate to humanitarian and medical activities; the Council’s demand that States comply with IHL obligations while countering terrorism; and the constituent parts of the Council’s notion of a “take into account” system. In section 5, we set out some potential elements of an analytical framework through which a State may seek to develop and administer its “take into account” system in line with Resolution 2462 (2019) and Resolution 2482 (2019). In terms of its object and purpose, a “take into account” system may aim to secure respect for international law, notably the U.N. Charter and IHL pertaining to humanitarian and medical activities. In addition, the system may seek to safeguard humanitarian and medical activities in armed conflicts that also qualify as counterterrorism contexts. We also identify two sets of preconditions arguably necessary for a State to anticipate and address relevant potential effects through the development and execution of its “take into account” system. Finally, we suggest three sets of attributes that a “take into account” system may need to embody to achieve its aims: utilizing a State-wide approach, focusing on potential effects, and including default principles and rules to help guide implementation. In section 6, we briefly conclude. In our view, jointly pursuing the policy objectives of countering terrorism and safeguarding humanitarian and medical activities presents several opportunities, challenges, and complexities. International law does not necessarily provide ready-made answers to all of the difficult questions in this area. Yet devising and executing a “take into account” system provides a State significant opportunities to safeguard humanitarian and medical activities and counter terrorism while securing greater respect for international law.
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Washbum, Brian E. Hawks and Owls. U.S. Department of Agriculture, Animal and Plant Health Inspection Service, décembre 2016. http://dx.doi.org/10.32747/2016.7208741.ws.

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Hawks and owls can negatively impact a variety of human interests, including important natural resources, livestock and game bird production, human health and safety, and companion animals. Conflicts between raptors and people generally are localized and often site-specific. However, the economic and social impacts to the individuals involved can be severe. Despite the problems they may cause, hawks and owls provide important benefits and environmental services. Raptors are popular with birdwatchers and much of the general public. They also hunt and kill large numbers of rodents, reducing crop damage and other problems. Hawks and owls are classified into four main groups, namely accipiters, buteos, falcons, and owls. All hawks and owls in the United States are federally pro-tected under the Migratory Bird Treaty Act (16 USC, 703−711). Hawks and owls typically are protected under state wildlife laws or local ordinances, as well. These laws strictly prohibit the capture, killing, or possession of hawks or owls (or their parts) without a special permit (e.g., Feder-al Depredation Permit), issued by the USFWS. State-issued wildlife damage or depredation permits also may be required.
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Burniske, Jessica, Dustin Lewis et Naz Modirzadeh. Suppressing Foreign Terrorist Fighters and Supporting Principled Humanitarian Action : A Provisional Framework for Analyzing State Practice. Harvard Law School Program on International Law and Armed Conflict, octobre 2015. http://dx.doi.org/10.54813/nrmd2833.

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In 2014, reports suggested that a surge of foreign jihadists were participating in armed conflicts in Syria, Iraq, and elsewhere. The United Nations Security Council responded by imposing in Resolution 2178 (2014) an array of obligations on member states to counter the threat posed by “foreign terrorist fighters” (FTFs). In the intervening year, those states have taken a range of actions — though at various speeds and with varying levels of commitment — to implement the FTF obligations imposed by the Council. Meanwhile, many states continue to fund and otherwise throw their support behind life-saving humanitarian relief for civilians in armed conflicts around the world — including conflicts involving terrorists. Yet, in recent years, members of the humanitarian community have been increasingly aware of the real, perceived, and potential impacts of counterterrorism laws on humanitarian action. Part of their interest stems from the fact that certain counterterrorism laws may, intentionally or unintentionally, adversely affect principled humanitarian action, especially in regions where terrorist groups control territory (and thus access to civilians, too). The effects of these laws may be widespread — ranging from heightened due diligence requirements on humanitarian organizations to restrictions on travel, from greater government scrutiny of national and regional staff of humanitarian organizations to decreased access to financial services and funding. Against that backdrop, this briefing report has two aims: first, to provide a primer on the most salient issues at the intersection of counterterrorism measures and humanitarian aid and assistance, with a focus on the ascendant FTF framing. And second, to put forward, for critical feedback and assessment, a provisional methodology for evaluating the following question: is it feasible to subject two key contemporary wartime concerns — the fight against FTFs and supporting humanitarian aid and assistance for civilians in terrorist-controlled territories — to meaningful empirical analysis?
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Lowney, Martin S., Scott F. Beckerman, Scott C. Barras et Thomas W. Seamans. Gulls. U.S. Department of Agriculture, Animal and Plant Health Inspection Service, mai 2018. http://dx.doi.org/10.32747/2018.7208740.ws.

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Abundant gull populations in North America have led to a variety of conflicts with people. Gulls cause damage at aquaculture facilities and other properties, and often collide with aircraft. Their use of structures on and near water results in excessive amounts of bird droppings on boats and docks. Their presence near outdoor dining establishments, swimming beaches, and recreational sites can lead to negative interactions with people. Large amounts of gull fecal material pollutes water and beaches resulting in drinking water contamination and swim bans. A combination of dispersal techniques, exclusion and limited lethal control may reduce damage to an acceptable level. Gulls are classified as a migratory bird species and are protected by federal and, in most cases, state laws. In the United States, gulls may be taken only with a permit issued by the U.S. Fish and Wildlife Service. Occasionally, an additional permit is required from the state wildlife management agency.
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Holtom, Paul, et Anna Mensah-Sackey. The Role of Industry in Responsible International trasnfers of Conventional Arms. UNIDIR, mars 2023. http://dx.doi.org/10.37559/caap/23/wam/04.

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On Thursday 26 January 2023, the United Nations Institute for Disarmament Research (UNIDIR), the Stimson Center and Conflict Armament Research organized a one-day brainstorming workshop on “The Role of Industry in Responsible International Transfers of Conventional Arms” in support of the Republic of Korea’s presidency of the Ninth Conference of States Parties (CSP9) to the Arms Trade Treaty (ATT). This summary report presents some of the workshop’s key discussion points and issues for consideration during the ATT CSP9 cycle of meetings. It provides some background information on industry expectations regarding the impact of the ATT and explores how to improve industry engagement with the ATT process. It also highlights some of the potential benefits for industry – which ranges from arms manufacturers, via logistics companies to financial service providers – if the ATT can facilitate greater convergence of arms transfer laws and regulatory approaches around the world. It is anticipated that this document can support the preparation of a working paper by the CSP9 presidency that contains recommendations for concrete action to support effective implementation and universalization of the ATT.
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Whalen, Timothy J. Considerations for a Post Conflict United States Army. Fort Belvoir, VA : Defense Technical Information Center, mars 2010. http://dx.doi.org/10.21236/ada520102.

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Phulwani, Bhawesh. Necessity of stringent data privacy laws in the United States. Ames (Iowa) : Iowa State University, août 2023. http://dx.doi.org/10.31274/cc-20240624-1043.

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Clay, Karen, Jeff Lingwall et Melvin Stephens. Do Schooling Laws Matter ? Evidence from the Introduction of Compulsory Attendance Laws in the United States. Cambridge, MA : National Bureau of Economic Research, octobre 2012. http://dx.doi.org/10.3386/w18477.

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