3.Some Issues in Approaching the Convention
　　To approach a satisfied convention, negotiations on some primary issues are unavoidable in the process of the Hague Conference’s discussions. However, these issues or contradictions are especially obvious between the United States and the European Union. As one of the most developed countries both in economy and in politics, the position and the opinion of the U.S. cannot be neglected by the Hague Conference. Whether these issues will be solved will directly decide if the Hague Conference will receive a consequent convention on jurisdiction and foreign judgment in civil and commercial matters, and determine the real value of such a convention.
　　Issue 1. The structure of the convention
　　Because of the success of The Brussels Convention and The Lugano Convention, the Permanent Bureau of the Hague Conference adopted the same structure as these two conventions in the Preliminary Draft which was submitted to the member states in 1999. In this kind of structure, which is called double convention, the convention uses both direct international jurisdiction and indirect international jurisdiction principles, viz. gives out in which situation (white list) , a court should have jurisdiction and in which situation (black list), a court should not have jurisdiction. Compared with the single convention, which only provide the “white list”, the double convention based on the member states that have the same legal system, culture background and political and economic interests will largely promote the cooperation of the courts in different states. The effects are visible in the practice of European country under The Brussels Convention and The Lugano Convention. For this reason, the Permanent Bureau firmly adopted the double convention when drafting out the convention and demonstrated such a structure should be the premise of negotiation.
　　However, the double convention incurred the opposition of the United States and some other non-Europe countries. The negotiation comes to stalemate. Instead of double convention, the United States wants to reach a mixed convention which will be more flexible and more acceptable. A mixed convention will divide the jurisdiction into three parts, a white list, a black list and a grey list. In some cases, the court will have discretion to choose if it has jurisdiction or not.　The grey list, in some instances, establishes a foundation of negotiation for the convention. It can avoid the stalemate and in some sensitive areas gives a cushion to the conflicts. Especially for the United States, the strict products liability, tort punitive damage and statutory multiple damages of it are hard to be identified with by the other countries. (This will be dealt with in the following paragraph.) On the other hand, the limitation of its constitution will be another obstacle for approaching a double convention.　If the convention will be a mixed convention, it is easy to vote it through in the Congress and make it valid.

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