Hague Conference on Private International Law

A WORLD ORGANISATION… With 83 Members (82 States and the European Union) representing all continents, the Hague Conference on Private International Law is a global inter-governmental organisation. A melting pot of different legal traditions, it develops and services multilateral legal instruments, which respond to global needs. An increasing number of non-Member States are also becoming Parties to the Hague Conventions. As a result, the work of the Conference encompasses 150 countries around the world. …BUILDING BRIDGES BETWEEN LEGAL SYSTEMS… Personal and family or commercial situations which are connected with more than one country are commonplace in the modern world. These may be affected by differences between the legal systems in those countries. With a view to resolving these differences, States have adopted special rules known as "private international law" rules. The statutory mission of the Conference is to work for the "progressive unification" of these rules. This involves finding internationally-agreed approaches to issues such as jurisdiction of the courts, applicable law, and the recognition and enforcement of judgments in a wide range of areas, from commercial law and banking law to international civil procedure and from child protection to matters of marriage and personal status. Over the years, the Conference has, in carrying out its mission, increasingly become a centre for international judicial and administrative co-operation in the area of private law, especially in the fields of protection of the family and children, of civil procedure and commercial law. … AND REINFORCING LEGAL CERTAINTY AND SECURITY The ultimate goal of the Organisation is to work for a world in which, despite the differences between legal systems, persons - individuals as well as companies - can enjoy a high degree of legal security. A LONG-STANDING ORGANISATION… The Conference held its first meeting in 1893, on the initiative of T.M.C. Asser (Nobel Peace Prize 1911). It became a permanent inter-governmental organisation in 1955, upon entry into force of its Statute. …GOVERNED AND FUNDED BY ITS MEMBERS… The Organisation meets in principle every four years in Plenary Session (ordinary Diplomatic Session) to negotiate and adopt Conventions and to decide upon future work. The Conventions are prepared by Special Commissions or working groups held several times a year, generally at the Peace Palace in The Hague, increasingly in various member countries. Special Commissions are also organised to review the operation of the Conventions and adopt recommendations with the object of improving the effectiveness of the Conventions and promoting consistent practices and interpretation. The Organisation is funded principally by its Members. Its budget is approved every year by the Council of Diplomatic Representatives of Member States. The Organisation also seeks and receives some funding for special projects from other sources. …BASED IN THE HAGUE, CENTRE OF INTERNATIONAL JUSTICE Activities of the Conference are co-ordinated by a multinational Secretariat – the Permanent Bureau – located in The Hague. The Conference’s working languages are English and French. The Secretariat prepares the Plenary Sessions and Special Commissions, and carries out the basic research required for any subject taken up by the Conference. It also engages in various activities to support the effective implementation and operation of the Conventions. In addition to Diplomatic representations in The Netherlands, the Secretariat maintains direct contacts with its Members through designated National and Contact Organs. It also develops permanent contacts with experts and delegates of the Members, with the national Central Authorities designated under certain Conventions, as well as with international governmental and non-governmental organisations, and with professional and academic communities. Increasingly, the Secretariat also responds to requests for information from users of the Conventions. THE HAGUE CONVENTIONS Between 1893 and 1904, the Conference adopted 7 international Conventions, which have all been subsequently replaced by more modern instruments. Between 1951 and 2008, the Conference adopted 38 international Conventions, the practical operation of many of which is regularly reviewed by Special Commissions. Even when they are not ratified, the Conventions have an influence upon legal systems, in both Member and non-Member States. They also form a source of inspiration for efforts to unify private international law at the regional level, for example within the Organisation of American States or the European Union. The most widely ratified Conventions deal with: The abolition of legalisation (Apostille) Service of process Taking of evidence abroad Access to justice International child abduction Intercountry adoption Conflicts of laws relating to the form of testamentary dispositions Maintenance obligations Recognition of divorces