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McCulloch et al. v. Sociedad Nacional de Marineros de Honduras.

United States of America.  18 January 1962 ; 18 February 1963 ; 16 December 1961 ; 12 January 1962 ; 18 February 1963 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International law — Relation to municipal law — Scope of operation of statutes — Construction of statutes in accordance with international usage and international law — Whether labour relations statute extends to employment of alien seamen on foreign — flag vessels owned by foreign subsidiary of domestic corporation — Vessels regularly visiting domestic ports — The law of the United States of America.

Treaties — Operation of — Effect of municipal legislation conflicting with earlier treaty — Effect of potential conflict upon construction of legislation — Treaty of Friendship, Commerce, and Consular Rights, 1927, between the United States and Honduras — Municipal labour relations legislation — The law of the United States of America.

Jurisdiction — Territorial — Jurisdiction over foreigners — Scope of municipal labour relations statute — Application to employment of alien seamen on foreign flag vessels owned by foreign subsidiary of domestic corporation and regularly visiting domestic ports — Weight given to law of the flag — Other relevant contacts with flag State — Dangers of international discord and recrimination — The law of the United States of America.

Type
Case Report
Copyright
© Cambridge University Press 1967

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