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Article
Where America Ends and the International Order Begins: Interpreting the Jurisdictional Reach of the U.S. Constitution in Light of a Proposed Hague Convention on Jurisdiction and Satisfaction of Judgments
Albany Law Review
  • Andrew L. Strauss, University of Dayton
Document Type
Article
Publication Date
1-1-1998
Abstract

The recently concluded Hague Convention on Choice of Courts Agreements is the culmination of over a decade of negotiations. While the convention is very modest in what it attempts to accomplish, many observers see it as a first step toward achieving greater global uniformity of rules regarding jurisdiction and satisfactions of judgments. To the extent the United States Constitution governs the international ambit of United States jurisdiction in international cases, there is the potential for conflict between the Constitution and international treaty rules. A treaty found to be in conflict with the Constitution would likely be held invalid — at least in part — by United States courts. This could both damage U.S. relations with its treaty making partners and undermine attempts to promote a coordinated and coherent international jurisdictional system.

Both results would be particularly unfortunate at a time when the legal demands of the global economy have amplified the advantages of developing and maintaining a well-coordinated international jurisdictional system. This article makes the theoretical case that an interpretation of the U.S. Constitution as governing the international ambit of United States jurisdiction in international cases is not consistent with a teleological interpretation of the Constitution.

Inclusive pages
1237-1267
ISBN/ISSN
0002-4678
Document Version
Published Version
Comments

This document is made available with the permission of the publisher. Permission documentation on file.

Publisher
Albany Law Review
Place of Publication
Albany, NY
Disciplines
Citation Information
Andrew L. Strauss. "Where America Ends and the International Order Begins: Interpreting the Jurisdictional Reach of the U.S. Constitution in Light of a Proposed Hague Convention on Jurisdiction and Satisfaction of Judgments" Albany Law Review Vol. 61 Iss. 4 (1998)
Available at: http://works.bepress.com/andrew_strauss/167/