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36 Harv. Int'l. L. J. 373 (1995)
Beyond National Law: The Neglected Role of the International Law of Personal Jurisdiction in Domestic Courts

handle is hein.journals/hilj36 and id is 381 raw text is: VOLUME 36, NUMBER 2, SPRING 1995 Beyond National Law: The Neglected Role of the International Law of Personal Jurisdiction in Domestic Courts Andrew L. Strauss* INTRODUCTION For the first time in human history, the international community is creating an integrated global economic order.' The world economy is undergoing a transformation similar to that experienced in the United States around the turn of the century, when national economic inte- gration began in earnest.2 Just as the effective regulation of the newly national economy necessitated the refinement of the doctrine of feder- alism,3 the rise of the global economy has created a need to identify * Associate Professor of Law, Widener University School of law. B.A., Woodrow Wilson School, Princeton University; J.D., New York University School of Law. My appreciation goes to Heather Satterfield, Nina Gruzinov-Milovanovich, and Emmett Gilman, who provided research assistance. I would also like to thank my colleagues John Culhane, Marty Kotler, and Mary Brigid McManamon for their helpful comments on earlier drafts of this Article. 1. Several interesting works chronicling the current transformation have been published in recent years. See ROBERT B. REICH, THE WORK OF NATIONS: PREPARING OURSELVES FOR 21ST CENTURY CAPITALISM (1990) (asserting that national boundaries have become increasingly irrele- vant to multinational enterprise and that U.S. policy should therefore promote American workers, not American corporations); WALTER B. WRISTON, THE TWILIGHT OF SOVEREIGNTY (1992) (arguing that the primary economic commodity in the global economy is information, which, because of its intangible nature, renders states unable to maintain sovereign control over their economies); and RICHARD J. BARNET & JOHN CAVANAGH, GLOBAL DREAMS: IMPERIAL CoEuo- RATIONS AND THE NEW WORLD ORDER (1994) (recounting how several large corporations in a number of industries have become globalized and emphasizing the political, social, and economic implications of this transformation process). See also KENICHI OHmAE, THE BORDERLESS WORLD: POWER AND STRATEGY IN THE INTERLINKED ECONOMY (1990); ROBERT GILPIN, THE POLITI- CAL ECONOMY OF INTERNATIONAL RELATIONS (1987). 2. See generally BETrY G. FISHMtAN ET AL., THE AMERICAN ECONOMY (1962); DOUGLAS E DowD, MODERN ECONOMIC PROBLEMS IN HISTORICAL PERSPECTIVE (1962); EDWIN ROBERT ANDERSON SELIGMAN, THE ECONOMIC INTERPRETATION OF HISTORY (rev. 2d ed. 1961). Cf. NAfT'ONAL ASSOCIATION OF MANUFACTURERS (U.S.) ECONOMIC PRINCIPLES COMMISSION, THE AMERICAN INDIVIDUAL ENTERPRISE SYSTEM, ITS NATURE, EVOLUTION, AND FUTURE (1946); SUMNER H. SLICHTER, MODERN ECONOMIC SOCIETY (1931). 3. American federalism theories have developed to allow the political power of the federal government, relative to that of the states, to expand dramatically in this century. See generally

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