[Ecommerce] CJ&D release on the Hague Convention

[Alan Bushnell]

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This is a release from the Center for Justice and Democracy regarding
the Hague Convention.

alan

--
Alan Bushnell <akb@cptech.org>, Policy Intern
Consumer Project on Technology / http://www.cptech.org
PO Box 19367, Washington DC 20036
phone:    1(202)387-8030
fax:      1(202)234-5176


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Subject: CJ&D ALERT: URGENT ACTION NEEDED
Date: Wed, 29 Nov 2000 13:43:18 -0500
From: Joanne Doroshow <jdoro@pipeline.com>

PLEASE CIRCULATE WIDELY:

ACTION ALERT FROM THE CENTER FOR JUSTICE & DEMOCRACY

For Immediate Release
November 29, 2000

Contact: Emily Gottlieb
Deputy Director
Center for Justice & Democracy
emily@centerjd.org
917/438-4621

URGENT ACTION NEEDED TO PROTECT CONSUMERS' LEGAL RIGHTS

DECEMBER 1 (FRIDAY) DEADLINE TO SUBMIT SHORT, EASY E-MAIL OR FAX COMMENTS

The United States government is currently involved in a shocking and
potentially dangerous treaty negotiation that would place major litigation
decisions by consumers and workers around the world in the hands of the
businesses they are suing.  Very few people are aware that this is
happening because business interests are in complete control of the
process.  There is absolutely no consumer representation in these treaty
negotiations.  Moreover, the U.S. government is assuming consumers are
happy with this situation because they have not heard anything to the
contrary from consumer groups.

Specifically, the U.S. government has appointed a pro-business delegation
to determine whether the United States accepts or rejects a Hague treaty
(called the Hague Convention on Jurisdiction and Foreign Judgments in Civil
and Commercial Matters) that could determine where and how American
consumers and workers can sue and be sued.  See,
http://www.cptech.org/ecom/jurisdiction/hague.html   Some areas of concern
are as follows:

* Where Consumers Can Sue.  Right now, the U.S. government has effectively
blocked language in the treaty that would allow consumers to bring an
action in the courts where they live.

* Alternative Dispute Resolution.  Businesses want the right to opt out of
a country’s consumer protection laws if they provide ADR procedures like
arbitration -- procedures that prevent cases from going to court.

* Labor Issues.  The U.S. government has opposed a provision that would
give employees in private employment contracts a right to sue and be sued
in the country where they live.  Other provisions could affect U.S. labor
unions.  For example, if a U.S. labor union urges a global consumer
boycott, it is unclear whether the union could be sued abroad in tort and
have the resulting judgment enforced against it in the United States.

 The United States Patent and Trademark Office (USPTO), has requested
comments on or before December 1, 2000.  Please take a moment to do the
following:

* E-Mail or fax the United States Patent and Trademark Office on or before
December 1, 2000.  Tell the USPTO that consumers must be part of the
process and ask for an extension of the December 1, 2000 comment deadline.
Send your comments to the attention of Elizabeth Shaw by fax, (703)
305-7575, or by e-mail, elizabeth.shaw2@uspto.gov on or before December 1,
2000.  For more information, contact Jennifer Lucas, Attorney-Advisor, by
telephone, (703) 305-9300, by fax, (703) 305-8885, or by e-mail,
jennifer.lucas@uspto.gov.

* Write a letter to the US delegates before December 10, 2000. On December
11th and 12th, there will be an intergovernmental meeting on ADR and the
Hague Treaty.  Manon Ress of the Consumer Project on Technology—lone
consumer advocate who will be with the U.S. delegates but is prohibited
from being part of any negotiation —wants to circulate letters of
concern.   These can be submitted to her by fax, (202) 234-5176, by e-mail,
mress@essential.org, or by regular mail, Manon Ress, Consumer Project on
Technology, P.O. Box 19367, Washington, DC 20036.  For further information,
contact Manon Ress by telephone at (202) 387-8030.

* Offer your expertise.  Businesses have hired experts to brief the U.S.
delegation about issues of importance, i.e., how to protect business
interests under the treaty.  Consumer and employee advocates are needed to
counter pro-industry rhetoric that favors elimination of consumer
protections.  For more information, contact Manon Ress at CPT.  MANON ALSO
DESPERATELY NEEDS LEGAL ASSISTANCE.  IF YOU ARE AN ATTORNEY AND CAN OFFER
HELP, PLEASE CONTACT HER.

* Forward this alert to other consumer organizations and attorneys.
Consumer groups have been excluded from treaty negotiations while
businesses have been lobbying to protect their interests.  Consumer
advocates need to be aware of the issues so they can strategize and take
action if necessary.

Thank you.


For more information about the Hague Treaty on Jurisdiction and Foreign
Judgments, see

http://www.cptech.org/ecom/hague/rms-01102000.html;
http://lists.essential.org/pipermail/random-bits/2000-October/000450.html;
http://www.uspto.gov/web/offices/com/sol/notices/prdrconjud.html;
http://www.cptech.org/ecom/jurisdiction/hague.html.




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