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8 Implementing the Hague Choice of Court Convention: The Argument in Favor of “Cooperative Federalism”

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Chapter Summary

This chapter addresses the most important issues that ratification of 2005 Hague Convention on Choice of Court Agreements (COCA) poses, focusing on how the Convention might be implemented in U.S. law. It shows that the method chosen for implementing the Convention carries special significance not only for the success of this particular treaty regime itself but also as a precedent for U.S. ratification of and adherence to other private international law treaties in the future. Two main alternatives have been proposed for implementing the COCA Convention: on the one hand by means of federal legislation alone, and on the other through a combination of complementary state and federal legislation. The alternative of joint federal-state implementation (sometimes called "cooperative federalism") offers a workable (if not entirely elegant) option that could well mitigate that risk and, in addition, set a useful precedent for the future.

Keywords: COCA Convention; cooperative federalism; federal legislation; state legislation; U.S. law



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