Issue: Free Trade Agreements
Free trade agreements (FTAs) permit referral of commercial disputes litigated before state and federal courts to international arbitration panels. These panels are free to determine whether federal and state law, regulations, court procedures, and judicial decisions meet international law principles.
State court leaders urge the US Trade Representative (USTR) and Congress to only approve trade agreements provisions that recognize and support the sovereignty of state judicial systems and the enforcement and finality of state court judgments and to clarify that under existing trade agreements, foreign investors shall enjoy no greater substantive and procedural rights than US citizens and businesses.
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Issue: Hague Convention on Choice of Courts
Implementation of the treaty presents an unprecedented possibility for cooperative federalism whereby states that wish to participate would adopt a uniform act while the Congress adopts an almost identical federal implementing act.
CCJ Resolution 10 A-02 urges the federal government to take all reasonable steps to respect and accommodate principles of federalism in the course of drafting federal implementing legislation.