Hague Conference on Private International Law
From Wikipedia, the free encyclopedia
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| Conflict of laws |
|---|
| Preliminary matters |
| Characterisation · Incidental question |
| Renvoi · Choice of law |
| Conflict of laws in the U.S. |
| Public policy · Hague Conference |
| Definitional elements |
| State · Jurisdiction · Procedure |
| Forum non conveniens · Lex causae |
| Lex fori · Forum shopping |
| Lis alibi pendens |
| Connecting factors |
| Domicile · Lex domicilii |
| Habitual residence |
| Nationality · Lex patriae |
| Lex loci arbitri · Lex situs |
| Lex loci contractus |
| Lex loci delicti commissi |
| Lex loci solutionis · Proper law |
| Lex loci celebrationis |
| Choice of law clause |
| Forum selection clause |
| Substantive legal areas |
| Status · Capacity · Contract · Tort |
| Marriage · Nullity · Divorce |
| Get divorce · Talaq divorce |
| Property · Succession |
| Trusts |
| Enforcement |
| Enforcement of foreign judgments |
The Hague Conference on Private International Law is the preeminent organisation in the area of private international law.
Since its formation in 1893, the purpose of HCCH has been to “work for the progressive unification of the rules of private international law.” It has pursued this goal by creating and assisting in the implementation of multilateral conventions promoting the harmonisation of conflict of laws principles in diverse subject matters within private international law. Sixty-five States, among them the United States of America and all Member States of the European Union, are currently members of the Hague Conference.
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[edit] Recent developments
The 20th and most recent Diplomatic Session of the Conference, held from 14 to 28 June 2005, saw two major developments.
First, the statute of the Conference was amended (for the first time in over 50 years) to expand the possibility of membership to Regional Economic Integration Organisations such as the European Union. Second, the Conference concluded and opened for ratification the Hague Convention on Choice of Court Agreements, a project which had been in negotiation for nearly 15 years. States applying this instrument agree to recognize and enforce decisions reached by courts of another signatory State if the dispute was governed by a valid choice of court agreement concluded between the parties to the dispute.
[edit] Work-in-Progress -- The Hague Securities Convention
In July 2006 Switzerland and the United States jointly signed the Hague Securities Convention, providing legal certainty to modern forms of holding and transferring securities. This marked an important step in the development of the new legal infrastructure needed to match modern systems for the holding, transfer, and pledge of securities.
The vast quantity of securities are nowadays held, transferred, and pledged by electronic entries to accounts with clearing and settlement systems and other intermediaries, rather than directly in physical form or directly by issuers. The global financial market, which for the OECD countries alone has a volume of more than $2 billion US a day, is in need of a legal regime that deals effectively with this new reality. There is broad agreement in the financial world that the traditional legal rules, based on physical transfers and direct holdings, are too diverse, out-dated, and inadequate. The result is legal uncertainty, increased risk, and higher costs for global clearing and settlement, with repercussions at all levels of the global financial market.
The Hague Securities Convention ensures that there is a clear and certain answer to questions such as which law governs the determination of the legal nature of the rights resulting from a credit of securities to a securities account, the steps required for a transfer or pledge of securities to such accounts to be enforceable among the parties and third parties, and the steps required to realise a pledge of securities credited to such accounts.
The European Commission at the same time concluded that “adoption of the Convention would be in the best interest of the Community,” and recommended that the Convention “be signed after or with at least two of its main trading partners, the USA included.” [1]
[edit] Member States
Albania Argentina Australia Austria Belarus Belgium Bosnia and Herzegovina Brazil Bulgaria Canada Chile China Croatia Cyprus Czech Republic Denmark Egypt Estonia Finland France Georgia Germany Greece Hungary Iceland Ireland Israel Italy Japan Jordan Latvia Lithuania Luxembourg Malaysia Malta Mexico Monaco Morocco Netherlands New Zealand Norway Panama Paraguay Peru Poland Portugal Republic of Korea Romania Russian Federation Serbia Slovak Republic Slovenia South Africa Spain Sri Lanka Suriname Sweden Switzerland the former Yugoslav Republic of Macedonia Turkey Ukraine United Kingdom of Great Britain and Northern Ireland United States of America Uruguay Venezuela
[edit] See also
[edit] External links
- Hague Conference on Private International Law - official website
- INCADAT: the International Child Abduction Database - official website
