The Key Role of Judges in the Development of Private International Law: Lessons Learned from the Work of the Hague Conference on Private International Law

2019 ◽  
pp. 295-309
Author(s):  
Ignacio Goicoechea ◽  
Hans van Loon
Keyword(s):  
International Law ◽  
Latin American ◽  
Lessons Learned ◽  
Legal Issues ◽  
Private International Law ◽  
Child Abduction ◽  
Working Cycle ◽  
The Hague ◽  
Changing Role

The article discusses the role of judges in the development of private international law (PIL). It highlights the changing role of judges in the context of contemporary globalization, and argues that as a result of the expansion of their international duties, judges, in a way that is analogous to the working cycle of the Hague Conference on Private International Law, also have a role in identifying legal issues that must be addressed by PIL, developing tools to address those issues, ensuring the implementation and operation of these tools, and assessing their effectiveness. The article also highlights the contribution of judges to the development of Hague Conventions, and describes the very important role of Latin American judges in the development of special devices to promote the implementation, operation and assessment of the 1980 Hague Child Abduction Convention in Latin America.

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 16 Morocco: Moroccan Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Zaher Khalid
Keyword(s):  
Public Policy ◽  
International Law ◽  
Case Law ◽  
Vital Role ◽  
Private International Law ◽  
Statutory Law ◽  
The Hague ◽  
The Law

This chapter examines Moroccan perspectives on the Hague Principles. In Morocco, the sources of private international law applicable to international commercial contracts are both of a national and an international nature. International sources include mainly treaties and, to a lesser extent, international customs to which the Moroccan courts may refer in particular cases. National sources are statutory law, case law, and scholarly writings. Case law has always played a vital role in the development and the interpretation of the rules applicable to international commercial contracts. It is indeed the role of the courts to determine the scope of law chosen by the parties and to delimit the boundaries of international public policy as a limit to the application of the law chosen by the parties. Moroccan courts consider international customs as important sources in respect of international contracts and arbitration. Having frequently used the universally accepted principles of private international law, Moroccan courts could easily draw on the Hague Principles to find solutions to certain questions that have not been addressed by the legislature.

Hague Conventions on Private International Law

2019 ◽  
pp. 239-272
Author(s):  
V.C. Govindaraj
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Active Member ◽  
Private International Law ◽  
Conflict Of Laws ◽  
World Community ◽  
Child Abduction ◽  
The World ◽  
The Hague ◽  
The Law

The world has to acknowledge the contribution the Hague Conference on Private International Law has hitherto made and continues to make in its endeavour to obtain from the world community approval and acceptance of the outcome of its efforts to unify rules of conflict of laws. India has become an active member of the Hague Conference. This chapter discusses the recognition of decrees of divorces and judicial separation and maintenance obligations; child custody and child abduction; the law relating to succession; the law relating to service of summons abroad; Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, 1961; and Hague Convention on Taking of Evidence Abroad in Civil or Commercial Matters, 1970.

scholarly journals ISOLATION OF CHILDREN IN FOREIGN ABODES DUE TO CROSS BORDER BROKEN MARRIAGES

2018 ◽  
pp. 203-208
Author(s):  
Archana Shah
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
Global Village ◽  
Child Abduction ◽  
Cross Border ◽  
Foreign Countries ◽  
International Child ◽  
The Hague ◽  
The Hague Convention

The world has become a global village and distance is no more the challenge. The direct impact of this positive change can be seen in interaction of various citizens of different countries belonging to diverse social, cultural and religious background. But cross border movements, inter-country migration and cross border marriages creates a new challenge like inter parental child abduction. In case of cross border broken marriages, there arise various issues like infringement of spouse’s parental rights, parallel conflicting legal disputes in different countries, non participation of various countries to Hague convention for welfare of children, isolation of child in foreign abodes due to connection with Indian soil, etc. Inter parental child abduction is neither considered as an offence, nor it is covered under any statutory laws of India. Like 94 nations, India is not a signatory to The Hague Convention on Civil Aspects of International Child Abduction, 1980, a multi lateral treaty developed by Hague Conference on Private International Law. Due to its non signatory status the judges of foreign countries do not trust Indian courts and do not permit the parent to take child to India, fearing its non-return. In absence of any international legal instrument, the litigating parents will have to bear unnecessary expenses of visa, travel, litigation, etc and unfortunate child will become a trophy to be won in the clashes of egos of litigating parents.

The Expanding Role of the Supreme Court of Canada in International Law Issues

1997 ◽  
Vol 34 ◽  
pp. 89-102 ◽  
Author(s):  
Gérard V. La Forest
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Legal Issues ◽  
Supreme Court Of Canada ◽  
Private International Law ◽  
Public And Private ◽  
National Courts ◽  
The Supreme Court ◽  
The World

SummaryThe rapid globalization that marks our era has resulted in increasing demands for the legal resolution of disputes arising out of interstate activities. National courts throughout the world have been significantly affected by this development. This article describes the recent expansion of the work of the Supreme Court of Canada in relation to transnational legal issues, including issues of public and private international law, human rights, admiralty law, and issues of private law having international ramifications. It traces the Court's evolving approach to international law issues and its willingness to reformulate its principles to meet modern conditions and to foster compliance with its norms. The more cosmopolitan attitude thereby generated has worked in concert with the Court's increasing willingness to rely on comparative law techniques in assuting in the resolution of issues of a localized character.

Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 65 Uruguay: Uruguayan Perspectives on the Hague Principles

2021 ◽  
Author(s):  
de Aguirre Cecilia Fresnedo
Keyword(s):  
Latin America ◽  
International Law ◽  
Buenos Aires ◽  
Civil Law ◽  
Civil Code ◽  
Private International Law ◽  
Party Autonomy ◽  
Additional Protocol ◽  
The Hague

This chapter reflects on Uruguayan perspectives on the Hague Principles. In Uruguay, international commercial contracts are regulated by the following conventions: the Montevideo Treaty on International Civil Law of 1889; the Montevideo Treaty on International Civil Law of 1940; the Additional Protocol to the Montevideo Treaty on International Civil Law of 1940; and the Buenos Aires Protocol on International Jurisdiction in Contractual Matters. They are also regulated under the domestic private international law rules contained within the Appendix of the Civil Code of Uruguay. The Appendix of the Civil Code, including rules regulating contract, is under revision; a Draft General Act on Private International Law is in Parliament under consideration. It seems unlikely that the Hague Principles will play any role regarding this Draft Act at present; however, the draft has yet to be approved mainly due to disagreement on the role of party autonomy. If the Draft Act is approved and entered into force, the Hague Principles may become useful in Uruguayan law.

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