The 'Hague Conference on Private International Law' (or HCCH, for Hague Conference/Conférence de la Haye) 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 nations are currently members of the Hague Conference, including China, Russia, the United States, and all member states of the
European Union.
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.
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."
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Member States
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Albania
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Argentina
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Australia
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Austria
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Belarus
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Belgium
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Bosnia and Herzegovina
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Brazil
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Bulgaria
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Canada
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Chile
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China
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Croatia
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Cyprus
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Czech Republic
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Denmark
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Egypt
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Estonia
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Finland
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France
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Georgia
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Germany
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Greece
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Hungary
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Iceland
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Ireland
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Israel
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Italy
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Japan
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Jordan
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Latvia
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Lithuania
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Luxembourg
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Malaysia
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Malta
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Mexico
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Monaco
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Morocco
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Netherlands
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New Zealand
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Norway
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Panama
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Paraguay
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Peru
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Poland
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Portugal
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Republic of Korea
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Romania
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Russian Federation
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Serbia
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Slovak Republic
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Slovenia
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South Africa
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Spain
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Sri Lanka
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Suriname
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Sweden
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Switzerland
★ the former Yugoslav
Republic of Macedonia
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Turkey
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Ukraine
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United Kingdom of Great Britain and Northern Ireland
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United States of America
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Uruguay
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Venezuela
The Permanent Bureau
Located in a nice old mansion on Scheweningseweg near the
Peace Palace, the Permanent Bureau is the Conference's secretariat.
Composition of the Permanent Bureau:
'Secretary General'
Mr J.H.A. (Hans) van Loon
'Attaché to the Secretary General'
Ms Frederike Stikkelbroeck
'Deputy Secretary General'
Mr William Duncan
'First Secretaries'
Mr Christophe Bernasconi
Mr Philippe Lortie
'Principal Legal Officer'
Ms Jennifer Degeling
'Senior Legal Officer'
Ms Marion Ely
'Legal Officers'
Ms Mayela Celis
Ms Ivana Radic
Ms Sandrine Alexandre
Ms Juliane Hirsch
'Liaison Legal Officer for Latin America'
Mr Ignacio Goicoechea
'Adoption Programme Co-ordinator'
Ms Laura Martinez-Mora
'Senior Administrator'
Ms Céline Chateau
'Website Manager'
Ms Gerda Boerman
'Financial Officer'
Ms Karin Himpens
'Administrative Assistants'
Ms Laura Molenaar
Ms Willy de Zoete
Ms Mathilde Waszink
Ms Corinne Heinrich
'Administrative Assistant for the Adoption Programme'
Ms Sophie Molina
'Publications Assistants'
Ms Sarah Adam
Ms Christelle Gavard
'Information Management Assistant'
Ms Marie-Charlotte Darbas
'General Service Officer'
Mr Willem van der Endt
See also
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List of Hague Conventions on Private International Law
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Place of the Relevant Intermediary Approach
External links
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Hague Conference on Private International Law - official website
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The Members of the Hague Conference on Private International Law
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INCADAT: the International Child Abduction Database - official website
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''Why the Hague Convention on jurisdiction threatens to strangle e-commerce and Internet free speech'', by Chris Sprigman