The Crucial Role of the States and Private International Law Treaties: A Model for Accommodating Globalization

8 Pages Posted: 18 Jan 2009 Last revised: 24 Jan 2009

Julian Ku

Hofstra University - School of Law

Date Written: January 12, 2009

Abstract

This brief symposium contribution highlights the central and important role that state governments play in the development and integration of private international law treaties into the United States legal system. States play this central role even though, as some of the papers in this symposium have concluded, there are few, if any, constitutional constraints on the ability of the federal government to sign, ratify, and implement treaties that would displace state law. The primacy of states in the integration of private international law, this essay argues, points the way to a model of accommodation of other kinds of treaties affecting traditional areas of state control. The model of state government control over the integration of private international law offers a healthy, if modest, alternative to the sometimes reflexive nationalism pervading scholarship in this area.

Keywords: treaties, federalism, private international law

JEL Classification: K10, K33

Suggested Citation

Ku, Julian, The Crucial Role of the States and Private International Law Treaties: A Model for Accommodating Globalization (January 12, 2009). Missouri Law Review, Vol. 70, p. 1063, 2008; Hofstra Univ. Legal Studies Research Paper No. 09-03. Available at SSRN: https://ssrn.com/abstract=1326508

Julian G. Ku (Contact Author)

Hofstra University - School of Law ( email )

121 Hofstra University
Hempstead, NY 11549
United States
516-463-4237 (Phone)
516-463-6264 (Fax)

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