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

Ivan Chumachenko
{"title":"Specific Issues of the Resolving of the Internal and Cross-Border \nConflict of Laws in the United States of America","authors":"Ivan Chumachenko","doi":"10.24147/1990-5173.2020.17(4).31-40","DOIUrl":null,"url":null,"abstract":"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.","PeriodicalId":310093,"journal":{"name":"Herald of Omsk University. Series: Law","volume":"7237 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Herald of Omsk University. Series: Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.24147/1990-5173.2020.17(4).31-40","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

Abstract

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.
美国国内与跨国法律冲突解决的具体问题
介绍。本文的相关性是由于美利坚合众国和其他国家的居民参与的跨境贸易关系的发展,特别是对在美国领土或美国管辖范围内进行的美国居民参与的法律关系框架中正确选择适用法律的问题感兴趣。目的。作者的目的是考虑解决联邦法规定之间、某些州的法律与其他州的法律之间,以及在某些情况下与国际法之间产生的冲突的基本概念和一些特点。方法。在研究框架内,笔者运用了多种方法,特别是辨证法、分析法、综合法、形式法、比较法以及法律行为和司法判例解释法。结果。作者根据成文法、司法判例以及美国的理论来源考察了冲突解决的特点。作者提供了有关冲突法的基本概念,其中包括解决美国不同司法管辖区冲突的主要途径。结论。根据研究结果,作者得出结论,即使有单独的(特殊的)法律行为,法院案件,以及理论来源,似乎应该有助于克服不同法律制度之间的冲突,但鉴于法律关系的多样性,这种冲突将在未来出现,这将推动立法者进一步发展美国冲突法的问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
求助全文
约1分钟内获得全文 求助全文
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信