Hearing on H.R. 1517, Foreign Flag Ships: Hearing Before the Subcommittee on Labor Standards, Occupational Health, and Safety of the Committee on Education and Labor, House of Representatives, One Hundred Third Congress, First Session, Hearing Held in Washington, DC, May 13, 1993, Հատոր 4

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Էջ 83 - Each state shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the state whose flag they are entitled to fly.
Էջ 6 - And so by comity it came to be generally understood among civilized nations that all matters of discipline and all things done on board which affected only the vessel or those belonging to her, and did not involve the peace or dignity of the country, or the tranquillity of the port, should be left by the local government to be dealt with by the authorities of the nation to which the vessel belonged as the laws of that nation or the interests of its commerce should require.
Էջ 24 - I want to thank you for providing me with the opportunity to...
Էջ 125 - It has also been observed that an act of congress ought never to be construed to violate the law of nations if any other possible construction remains...
Էջ 83 - There must exist a genuine link between the State and the ship; in particular, the State must effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag.
Էջ 124 - Colombos, The International Law of the Sea (3d rev. ed. 1954), 222-223. The possibility of international discord cannot therefore be gainsaid. Especially is this true on account of the concurrent application of the Act and the Honduran Labor Code that would result with our approval of jurisdiction. Sociedad, currently the exclusive bargaining agent of Empresa under Honduran law, would have a head-on collision with NMU should it become the exclusive bargaining agent under the Act.
Էջ 125 - an act of Congress ought never to be construed to violate the law of nations if any other possible construction remains . . ." We therefore conclude, as we did in Benz, that for us to sanction the exercise of local sovereignty under such conditions in this "delicate field of international relations there must be present the affirmative intention of the Congress clearly expressed.
Էջ 124 - ... balancing of contacts" theory of the Board. But to follow such a suggested procedure to the ultimate might require that the Board inquire into the internal discipline and order of all foreign vessels calling at American ports. Such activity would raise considerable disturbance not only in the field of maritime law but in our international relations as well. In addition, enforcement of Board orders would project the courts into application of the sanctions of the Act to...
Էջ 124 - Therefore, we find no basis for a construction which would exert United States jurisdiction over and apply its laws to the internal management and affairs of the vessels here flying the Honduran flag, contrary to the recognition long afforded them not only by our State Department
Էջ 124 - NMU is prohibited from representing the seamen on Honduran-flag ships even in the absence of a recognized bargaining agent. Thus even though Sociedad withdrew from such an...

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