Document Type

Article

Disciplines

International Law

Abstract

Western European economic unification is imminent. The official implementation of the Single Market on January 1, 1993 is demonstrative of the continuing progression towards integration. Despite the uncertain fate of political, social and monetary union within the European Community (EC), 1 the coalescence of the economic systems of the Western European nations is expanding at a rapid pace, as evidenced by the recent creation of the European Economic Area (EEA). The legal systems of the Western European states have been harmonized in parallel to facilitate the increase in economic cooperation.2 This trend towards legal harmonization is exemplified by the extension of the EC "Jurisdiction and Judgments Convention" to include the Member States of the European Free Trade Association (EFTA).

The creation of this transnational body of procedural law is of great legal significance for the European Community and the EFTA. The jurisdiction and judgments conventions will facilitate the resolution of complex jurisdictional questions and insure the free flow of judgments, thereby decreasing legal uncertainty and promoting trade. When the jurisdictional regime enters into force, a unified body of international civil procedure will govern relations in civil and commercial matters in virtually all of Western Europe. Because of its impact both inside and outside of Europe, the developing "common market" in jurisdiction and judgments is also of considerable importance for jurists, attorneys, and corporations in the United States and other non-European nations.

This Comment examines and compares the rapidly developing law on jurisdiction and judgments in Western Europe with similar aspects of U.S. law. In section I the theoretical and substantive aspects of the Jurisdiction and Judgments Conventions are considered. The U.S. law of jurisdiction and judgments is outlined in section II. The European and American systems are compared in section III, with particular emphasis on the excessive jurisdictional bases found in the two systems. Section IV provides an analysis of Article 17 concerning choice of forum clauses in transnational contracts, and compares analogous American case law. Section V considers possible international solutions to the problems posed by the Jurisdiction and Judgments Conventions for non-EC/EFTA domiciliaries. Since the European Conventions provide useful lessons for international jurisdictional analysis, a new approach to international adjudicatory jurisdiction in the United States is also proposed. The Comment concludes that the Jurisdiction and Judgments Conventions are a positive development despite their prejudicial provisions concerning non-EC/EFTA domiciliaries.

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