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Decision of New York Court of Appeals in Incres Steamship case

Published online by Cambridge University Press:  20 March 2017

Abstract

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Type
Judicial Proceedings
Copyright
Copyright © American Society of International Law 1962

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References

1 There can be no doubt that in the cases cited the operative fact was ownership by American nationals. Thus, in the West India case (130 NLRB No. 46), not only does the board’s prevailing opinion remark and stress again and again the vessel’s American ownership (e.g. pp. 3, 15, 24, 25, 27, 32), but the dissenting opinion in so many words notes that the majority “have determined that, pursuant to Section 2(6) and (7), the jurisdictional reach of the Act extends to the operations of American shipowners who register their vessels with, and fly the flags of, foreign nations, and that the policies of the Act will be effectuated by asserting jurisdiction over these shipowners and their operations” (p. 43).