What Is Hague Conference on Private International Law

Dating back to 1892/3, the HCCH became a permanent intergovernmental organization in 1951. Its task is to facilitate the increasing unification of the rules of private international law. The Status (link below) defines the structure and purpose. Between 1893 and 1904, the Conference adopted seven international conventions, six of which were replaced by more modern instruments. From 1951 to 1993, the Conference adopted 32 international conventions. Until 1960, conventions were written only in French; Since then, they have been written in French and English. Among the most ratified texts are the Conventions on Civil Procedure, service of documents and taking of evidence abroad, the Convention on the Abolition of the Obligation to Legalize Foreign Public Documents, the Convention on Copyright in the Field of Testamentary Dispositions, the Conventions on Maintenance Obligations, the Convention on the Recognition of Divorces and Legal Separation of the Community. Marriage and conventions on the protection of minors and on the civil aspects of international child abduction. Some Hague Conventions deal with the determination of the applicable law, others with the conflict of jurisdiction, others with the recognition and enforcement of foreign judgments and others with administrative and judicial cooperation between authorities, and others combine one or more of these aspects of private international law. commends the Conference for its contributions in the field of private international law over the past century; In today`s world, individuals and businesses are constantly engaged in cross-border interactions, with work, business, study, purchasing, travel, relationships and more increasingly taking place in multiple countries. These activities require a high degree of legal certainty and predictability to thrive.

However, when taking place across borders, differences between countries` legal systems often leave gaps in the legal framework, creating uncertainty about the competent authority, the applicable law, how decisions are recognised and enforced, and the cooperation mechanisms available to address the challenges of cross-border judicial or administrative proceedings. Considering that, in accordance with its Statutes, the Conference aims to work towards the progressive unification of the rules of private international law, whereas it is nevertheless essential that the Conference continue to be effectively supported by its member States in their countries and in other international organizations, that the activities of the Conference are organized by a secretariat — the Permanent Bureau, which has its seat in The Hague and its officials of different nationalities. The Secretary-General is currently assisted by three other lawyers: two Under-Secretaries-General and one First Secretary-General. The main task of the Permanent Bureau is the preparation and organization of plenary sessions and special committees. Its members conduct the necessary basic research for each topic addressed by the conference. They shall also maintain and maintain contacts with national bodies, experts and delegates of the Member States and central authorities designated by the States parties to the Hague Conventions on judicial and administrative cooperation, as well as with international organisations, and increasingly respond to requests for information from users of the Conventions (lawyers, notaries, civil servants, companies, e.g. journalists). The Secretariat of the Hague Conference shall maintain close contacts with the Governments of its Member States through the national bodies designated by each Government. In order to monitor the implementation of certain treaties involving judicial or administrative cooperation, the Permanent Bureau shall from time to time make direct contacts with the central authorities designated by the States parties to those treaties. In order to promote international cooperation and ensure coordination of the work of the various forums, the Hague Conference continues to maintain contacts with the United Nations, in particular with its International Trade Law Commission (UNCITRAL), UNICEF and the Office of the United Nations High Commissioner for Refugees (UNHCR); the Council of Europe, the European Union, the Organization of American States, the Commonwealth Secretariat, the Asia-Africa Legal Advisory Committee, the International Institute for the Unification of Private Law (UNIDROIT) and other international organizations. Some non-governmental organizations such as the International Chamber of Commerce, the International Bar Association, the International Social Service and the International Union of Latin Notaries also send observers to follow the work of the conference. Recognizing that the Conference is also becoming a global centre for international judicial and administrative cooperation in the field of private law, in particular in the field of child protection, the HCCH`s mission is to resolve these problems by providing internationally agreed solutions through negotiation, the adoption and implementation of international treaties.

the Hash Conventions, to which States may become parties, and lower-law agreements, which may guide States in developing their own legislative solutions. These conventions and instruments provide clarity and guidance in cross-border relations in three main areas: in addition to its main activities, the preparation and follow-up of the Hague Conventions, the Conference has recently extended its activities to new areas. In cooperation with the Institute of Private International Law and Comparative Law of the University of Osnabr, he organized a three-day colloquium in April 1992 on the perspectives of private international law after the end of the division in Europe and directed it with the American Bar Association and the Private Adjudication Center of the Duke University School of Law. A three-day international symposium on the role of the Hague Conference on Private International Law in Durham, North Carolina, in October 1992. From 7 to 9 April 1994, a second colloquium was organized in collaboration with the Institute of Private International Law and Comparative Law of the University of Osnabrück under the theme “Towards a private international law convention for damage to the environment”. The conference also supported the Eighth World Conference of the International Society for Family Law on Families Across Borders, held from 28 to 2 June. It was held in Cardiff, Wales, United Kingdom, in July 1994 and, in collaboration with the Netherlands Committee for the International Year of the Family, organized an in-depth study conference on “Children on the move: how to implement their right to family life” (The Hague, Netherlands) from 24 to 26 October 1994. Reaffirming that the task of the Conference is to facilitate both relations between private parties across international borders and international legal transactions, the main method of achieving the objective of the Conference is to negotiate and draft multilateral treaties or conventions in the various fields of private international law (international judicial and administrative cooperation; conflict of laws in contracts, torts, maintenance obligations, the status and protection of children, relations between spouses, wills and estates or trusts; business recognition; jurisdiction and enforcement of foreign judgments). Following preparatory studies conducted by the Secretariat, the preliminary drafts of the Conventions are prepared in the ad hoc commissions composed of governmental experts.

The drafts are then discussed and adopted at a plenary session of the Hague Conference, a diplomatic conference. In accordance with the Statute, the work of the Conference will be carried out by the Standing Intergovernmental Committee of the Netherlands on the Codification of Private International Law. Formally, it is this committee that sets the dates and agenda for the plenary sessions. In practice, however, after a gradual evolution of the Constitution, Member States have a more direct influence on the decision-making process in this regard, as well as on other matters of the general policy of the Conference. Accordingly, ad hoc committees of governmental experts that meet between meetings make recommendations and plenary meetings take decisions on the agenda. The Hague Conference on Private International Law is an intergovernmental organization whose purpose is “to work for the progressive unification of the rules of private international law” (Statute, article 1) (see also the attached resolution of the seventeenth session). 4. better coordinate their positions on private international law in various international forums dealing with the unification or harmonization of private law issues. The HCCH is led and funded by its members, who exercise their authority through their two governing bodies: the HCCH consists of 90 members – 89 States and the European Union – representing all regions of the world. In addition, more and more non-members have signed or become parties to the Hash Conventions.