Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 9 OHADA: The Organization for the Harmonization of Business Law in Africa and the Hague Principles

2021 ◽  
Author(s):  
Monsenepwo Justin
Keyword(s):  
Private International Law ◽  
Business Law ◽  
Training Centre ◽  
Between The Acts ◽  
The Hague ◽  
October 17 ◽  
Main Instrument ◽  
Heads Of State ◽  
Council Of Ministers ◽  
The Relationship

This chapter describes the relationship between the Organisation pour l’Harmonisation en Afrique du Droit des Affaires (OHADA; the Organization for the Harmonization of Business Law in Africa) and the Hague Principles. OHADA is an African supranational organization which was created on October 17, 1993. As per the Preamble and Article 1 of the OHADA Treaty, OHADA aims at creating simple, modern, and harmonized business law rules in Africa. To achieve this goal, OHADA has five institutions: (i) the Conference of Heads of State and Government; (ii) the Council of Ministers; (iii) the Common Court of Justice and Arbitration; (iv) the Regional Training Centre for Legal Officers; and (v) the Permanent Secretariat. Uniform Acts are the main instrument of OHADA. To understand the rules governing choice of law in commercial international contracts under OHADA law, it is important to examine the relation between the acts of OHADA (Uniform Acts and regulations) and the domestic law of the Member States. Meanwhile, there is no uniform codification of private international law under OHADA law. The chapter then explains that the Working Group on the Preliminary Draft Uniform Act on the Law of Obligations in the OHADA Region in 2015 did not use the Hague Principles, and why this omission should be reversed.

Part I General Principles, 2 The Conflict of Laws in Commercial Transactions

2015 ◽  
Keyword(s):  
Private International Law ◽  
Commercial Law ◽  
Conflict Of Laws ◽  
Party Autonomy ◽  
Mandatory Rules ◽  
Uniform Law ◽  
The Hague ◽  
Substantive Law ◽  
The Relationship ◽  
Domestic Law

Chapter 2 examines the relationship between transnational commercial law (in the sense of harmonised substantive law) and that body of rules determining the applicable domestic law in the absence of any such ‘uniform law’. The conflict-of-laws rules, too, are either national (be it codified, be it judge-made or common law) or transnational, such as the relevant EU Regulations or conventions prepared, for example, under the auspices of the Hague Conference on Private International Law or CIDIP, the specialized body of the Organization of American States. The chapter discusses the most important connecting factors (party autonomy, characteristic performance, lex situs, etc) as well as general concepts, such as ‘public policy’, ‘internationally mandatory rules’, etc. Finally, it addresses the question whether with the increasing numbers of ‘uniform’ law instruments the conflict of laws may ever become superfluous.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 19 Asian Principles of Private International Law: The Asian Principles of Private International Law and the Hague Principles

2021 ◽  
Author(s):  
Takasugi Naoshi ◽  
Elbalti Béligh
Keyword(s):  
International Law ◽  
Driving Force ◽  
Private International Law ◽  
International Arbitration ◽  
Choice Of Law ◽  
International Jurisdiction ◽  
Rules And Principles ◽  
Recognition And Enforcement ◽  
The Hague ◽  
The Relationship

This chapter looks at the relationship between the Asian Principles of Private International Law (APPIL) and the Hague Principles. The APPIL are intended to be a non-binding instrument which includes a comprehensive set of principles on private international law (PIL) generally recognized among the different Asian jurisdictions. The main purpose of the APPIL is to provide guidance to possible future harmonization of PIL rules and principles in Asia. Compared to the Hague Principles which are limited only to the issue of choice law in international contracts based on the express or tacit will of the parties, the APPIL have much broader scope, including choice of law, international jurisdiction, the recognition and enforcement of foreign judgments, and judicial support to international arbitration. The chapter then outlines the history and the driving force behind the APPIL.

Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 57 Chile: Chilean Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Gallegos-Zúñiga Jaime
Keyword(s):  
International Law ◽  
Private International Law ◽  
Business Law ◽  
Party Autonomy ◽  
System P ◽  
Draft Model ◽  
National Congress ◽  
The Hague ◽  
The Caribbean ◽  
The University

This chapter focuses on Chilean perspectives on the Hague Principles. Due to the scarce and mostly unilateral provisions on private international law contained in Chilean legislation, there remain large gaps in the system. Chilean judges must therefore deduce relevant principles, and the result is often unclear solutions. Nevertheless, the recognition of party autonomy is increasingly gaining ground in academic literature and court judgments. On 2 October 2017, the Ministry of Justice and Human Rights, the Faculty of Law at the University of Chile, and the Chilean Association of Private International Law signed an agreement to compose a Draft Act of Private International Law. This work is being developed by a commission of specialists and originally revolved around the draft Model Act of the Organization for the Harmonization of Business Law in the Caribbean (OHADAC) of 2014. Many of the ideas contained in the Hague Principles have been acknowledged and included in the draft, which is expected to be submitted to the National Congress. Given the lack of rules that specify the scope of party autonomy, the provisions contained in this instrument would be a welcome contribution to the Chilean legal system.

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 8 African Principles of Commercial Private International Law: The African Principles of Commercial Private International Law and the Hague Principles

2021 ◽  
Author(s):  
Neels Jan L ◽  
Fredericks Eesa A
Keyword(s):  
International Law ◽  
Free Trade Area ◽  
Added Value ◽  
Private International Law ◽  
Trade Area ◽  
The Hague ◽  
The Law ◽  
Contractual Obligations ◽  
International Instruments ◽  
The Relationship

This chapter addresses the relationship between the African Principles of Commercial Private International Law and the Hague Principles. The envisaged African Principles are essential in the development of an African free-trade area and common market. They are intended to form a set of model laws for use by the African Union or its Member States, which are provisionally called the African Principles on the Law Applicable to International Contracts of Sale; the African Principles on the Law Applicable to International Commercial Contracts; the African Principles on the Law Applicable to Non-contractual Obligations; and the African Principles on Jurisdiction in International Civil and Commercial Cases. The Hague Principles will be the most important model for the choice of law sections of the African Principles on the Law Applicable to International Contracts of Sale and the African Principles on the Law Applicable to International Commercial Contracts. The Hague Principles, in the Preamble, indeed foresee the instrument being used as a model for regional instruments. The chapter then provides a few examples of the intended use of the Hague Principles in the African Principles, highlighting the added value of the Hague Principles as compared to the provisions in other regional, supranational, and international instruments.

The next generation: Experiences of higher educated Turkish-Dutch on The Hague labour market

2014 ◽  
Vol 11 (2) ◽  
pp. 206-217
Author(s):  
Karijn G. Nijhoff
Keyword(s):  
Higher Education ◽  
Qualitative Study ◽  
Labour Market ◽  
Education System ◽  
Minority Groups ◽  
Personal Characteristics ◽  
Market Positioning ◽  
The Hague ◽  
The Relationship ◽  
Dutch City

This paper explores the relationship between education and labour market positioning in The Hague, a Dutch city with a unique labour market. One of the main minority groups, Turkish-Dutch, is the focus in this qualitative study on higher educated minorities and their labour market success. Interviews reveal that the obstacles the respondents face are linked to discrimination and network limitation. The respondents perceive “personal characteristics” as the most important tool to overcoming the obstacles. Education does not only increase their professional skills, but also widens their networks. The Dutch education system facilitates the chances of minorities in higher education through the “layering” of degrees. 

scholarly journals The Hague Judgments Convention and How We Negotiated It

2020 ◽  
Author(s):  
Jin Sun ◽  
Qiong WU
Keyword(s):  
International Law ◽  
Great Influence ◽  
Negotiation Process ◽  
Private International Law ◽  
Mutual Benefit ◽  
Global Circulation ◽  
Recognition And Enforcement ◽  
The Hague

Abstract In July 2019, the Hague Conference on Private International Law adopted the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. As an outcome of the Judgments Project, this Convention will exert a great influence on the global circulation of foreign judgments. China attached great importance to the Judgments Project and participated in the full negotiation process. This paper is a reflection of some of the Chinese negotiators’ approaches in handling certain very difficult but important issues in the process, with the hope that it may shed some light on China’s negotiation practice and the principles it adheres to in the international law arena, which are fully in line with the principles of equity and justice, mutual benefit, and win-win outcome.

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