Advanced Search

RS 0.201 Status of 31 October 1951 of the Hague Conference on Private International Law

Original Language Title: RS 0.201 Statut du 31 octobre 1951 de la Conférence de La Haye de droit international privé

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.201

Original text

Status of the Hague Conference on Private International Law

Conclu at The Hague on 31 October 1951 1

Approved by the Federal Assembly on 5 March 1957 2

Acceptance instrument deposited by Switzerland on 6 May 1957

Entered into force for Switzerland on 6 May 1957

Amendments to The Hague by the Twentieth Session of the Conference on 30 June 2005 3

Approved by Member States in accordance with Art. 12 September 30, 2006

Acceptance instrument deposited by Switzerland on 29 March 2006

Entered into force on 1 Er January 2007

(State on 19 October 2015)

The Governments of the following countries: the Federal Republic of Germany, Austria, Belgium, Denmark, Finland, France, Italy, Japan, Luxembourg, the Netherlands, Norway and the Netherlands U Gal, the United Kingdom of Great Britain and Northern Ireland, Sweden and Switzerland;

Considering the permanent nature of the Hague Conference on Private International Law;

Wishing to accentuate this character;

Having, to this end, considered it desirable to provide the Conference with a Statute;

Agreed to the following provisions:

Art. 1

The aim of the Hague Conference is to work towards the progressive unification of the rules of private international law.

Art. 2

Members of the Hague Conference on International Private Law are those States which have already participated in one or more Sessions of the Conference and who accept this Statute.

2. May become Members of all other States whose participation has a legal interest in the work of the Conference. The admission of new member States shall be decided by the Governments of the participating States, on the proposal of one or more of them, by a majority of the votes cast, within six months from the date on which the Governments have been Seized of this proposal.

3. Admission becomes final due to the acceptance of this Statute by the State concerned.

Art. 3

(1) The member States of the Conference may, at a meeting on general affairs and policy bringing together the majority of them, by a majority of the votes cast, decide to admit also as a Member any Regional Organization Economic integration which has submitted an application for admission to the Secretary-General. Any reference made in this Statute to Members shall include those Member Organizations, unless otherwise provided. Admission shall become final only after the Statute has been accepted by the Regional Economic Integration Organisation concerned.

2. In order to apply for admission to the Conference as a Member, a Regional Economic Integration Organisation must be composed solely of sovereign states, and must have powers transferred by its member states for a A range of issues that fall within the scope of the Conference, including the power to make decisions on these issues binding on its member states.

(3) Each Regional Economic Integration Organisation which files an application for admission shall, at the same time as its application, submit a declaration of competence specifying the matters for which its Member States have transferred competence to it.

4. A Member Organization and its Member States shall ensure that any change in the competence or composition of a Member Organization shall be notified to the Secretary-General, who shall circulate that information to the other Members of the Conference.

5. Member States of a Member Organisation shall be deemed to retain their powers on any matter for which transfers of competence have not been specifically declared or notified.

6. Any Member of the Conference may request the Member Organization and its member States to provide information on the competence of the Member Organization in respect of any specific matter before the Conference. The Member Organisation and its Member States must ensure that this information is provided in response to such a request.

7. The Member Organisation shall exercise the rights relating to its membership in rotation with its Member States which are Members of the Conference, in their respective fields of competence.

8. The Member Organisation may, in respect of matters within its competence, at any meeting of the Conference to which it is entitled to participate, shall have a number of votes equal to the number of its Member States which have transferred competence to it On the subject matter, and who are entitled to vote at that meeting and have registered for it. When the Member Organisation exercises its right to vote, its member states do not exercise theirs, and vice versa.

9. "Regional economic integration organization" means an international organization composed solely of sovereign states and which has powers transferred by its member states for a range of issues, including the power of Take decisions binding its member states on these issues.

Art. 4

The functioning of the Conference shall be provided by the Council on General Affairs and Policy (hereinafter: the Council), composed of all Members. The Council's meetings are held in principle every year.

2. The Council shall operate through a Permanent Office to which it directs its activities.

The Council shall examine all proposals for the agenda of the Conference. He is free to appreciate the follow-up to these proposals.

The Netherlands State Commission, established by Royal Decree of 20 February 1897 with a view to promoting the codification of private international law, fixes, after consulting the Members of the Conference, the date of the Diplomatic Sessions.

5. The State Committee shall address the Government of the Netherlands for the convocation of Members. The President of the State Committee shall preside over the Sessions of the Conference.

6. The Ordinary Sessions of the Conference shall be held, in principle, every four years.

7. In case of need, the Council may, after consulting the State Committee, request the Government of the Netherlands to convene the Conference in Special Session.

8. The Council may consult the State Committee on any other matters of interest to the Conference.

Art. 5

The Permanent Bureau shall have its seat in The Hague. It consists of a Secretary-General and four Secretaries appointed by the Government of the Netherlands on presentation by the State Commission.

2. The Secretary-General and the Secretaries shall have appropriate legal knowledge and practical experience. The diversity of geographical representation and legal expertise will also be taken into account in their appointment.

The number of Secretaries may be increased after consultation with the Council and in accordance with Art. 10.

Art. 6

Under the direction of the Council, the Permanent Bureau is responsible for:

(a)
The preparation and organisation of the sessions of the Hague Conference, as well as meetings of the Council and the Special Commissions;
(b)
The work of the Secretariat of the Sessions and the above meetings;
(c)
All tasks that are part of the work of a secretariat.
Art. 7

With a view to facilitating communications between the Members of the Conference and the Permanent Bureau, the Government of each Member State must designate a national body, and each member organisation shall be a liaison body.

The Permanent Bureau may correspond with all the bodies so designated, and with the relevant international organizations.

Art. 8

1. Sessions, and in the range of Sessions, the Council, may establish special committees, with a view to the preparation of draft Convention or to consider any questions of private international law falling within the scope of the Conference.

2. Sessions, the Council and the Special Committees shall, as far as possible, operate on the basis of consensus.

Art.

The costs provided for in the annual budget of the Conference shall be apportioned among the member States of the Conference.

(2) A Member Organization shall not be required to contribute to the annual budget of the Conference, in addition to its member States, but shall pay an amount, as determined by the Conference in consultation with the Member Organization, in order to cover expenditure Additional administrative matters arising from its membership.

3. In all cases, the travel and subsistence allowances of the Deputies to the Council and the Special Commissions shall be borne by the Members represented.

Art. 10

The budget of the Conference shall be submitted annually to the Council of Diplomatic Representatives of the Member States in The Hague.

2. These Representatives also lay down the distribution, between the Member States, of the expenditure allocated to them by this budget.

3. Diplomatic representatives shall meet for these purposes under the chairmanship of the Minister for Foreign Affairs of the Kingdom of the Netherlands.

Art. 11

The expenses resulting from the Ordinary and Extraordinary Sessions of the Conference shall be borne by the Government of the Netherlands.

2. In any event, the travel and subsistence allowances of the Deputies shall be borne by the respective Members.

Art. 12

The usages of the Conference shall continue to be in force for anything that is not contrary to this Statute or the Regulations 1 .


1 Not published in OR.

Art. 13

Amendments to this Statute shall be adopted by consensus of the Member States present at a meeting on general affairs and policy.

2. These amendments shall enter into force, for all Members, three months after their approval, in accordance with their respective internal procedures, by two-thirds of the Member States, but not before a period of nine months from the date of Their adoption.

3. The meeting referred to in para. 1 may, by consensus, change the time limits specified in s. 2.

Art. 14

The provisions of this Statute shall be supplemented by Regulations, with a view to ensuring its implementation. These Regulations will be established by the Permanent Bureau and subject to the approval of a Diplomatic Session, the Council of Diplomatic Representatives or the Council on General Affairs and Politics.

Art. 15

(1) This Statute shall be subject to acceptance by the Governments of the States participating in one or more Sessions of the Conference. It will enter into force as soon as it is accepted by the majority of States represented at the Seventh Session.

2. The declaration of acceptance shall be deposited with the Government of the Netherlands, which shall notify the Governments referred to in the first paragraph of that Article.

(3) The Government of the Netherlands shall notify, in the case of the admission of a new Member, the declaration of acceptance of the new Member to all Members.

Art. 16

(1) Each Member may denounce this Statute after a period of five years from the date of its entry into force under Art. 15, para. 1.

(2) The denunciation shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, at least six months before the end of the budget year of the Conference, and shall have effect at the end of that year, but only to The Member who has notified it.

The French and English texts of the Statute, as amended on 1 January 2007, are equally authentic.

Switzerland-National body 4

Federal Office of Justice (OFJ)

Bundesrain 20

3003 Berne

Switzerland

Tel.: +41 (31) 323 8864

Fax: +41 (31) 322 7864

E-mail: ipr@bj.admin.ch

Scope of application on 19 October 2015 5

States Parties

Ratification

Accession (A)

Statement of Succession (S)

Entry into force

South Africa

February 14

2002

February 14

2002

Albania

4 June

2002

4 June

2002

Germany

14 December

1955

14 December

1955

Andorra

11 June

2015

11 June

2015

Argentina

28 April

1972

28 April

1972

Armenia

28 April

2015

28 April

2015

Australia

1 Er November

1973

1 Er November

1973

Austria

16 September

1954

July 15

1955

Azerbaijan

July 29

2014

July 29

2014

Belarus

July 12

2001

July 12

2001

Belgium

1 Er September

1953

July 15

1955

Bosnia and Herzegovina

7 June

2001

7 June

2001

Brazil

23 February

2001

23 February

2001

Bulgaria

22 April

1999

22 April

1999

Burkina Faso

October 16

2013

October 16

2013

Canada

7 October

1968

7 October

1968

Chile

April 25

1986

April 25

1986

China

3 July

1987

3 July

1987

Macao

August 18

1999

20 December

1999

Cyprus

8 October

1984

8 October

1984

Korea (South)

August 20

1997

August 20

1997

Costa Rica

27 January

2011

27 January

2011

Croatia

1 Er October

1995 S

12 June

1995

Denmark

26 February

1954

July 15

1955

Egypt

24 April

1961

24 April

1961

Ecuador

2 November

2007

2 November

2007

Spain

8 December

1953

July 15

1955

Estonia

13 May

1998

13 May

1998

United States

15 October

1964

15 October

1964

Finland

2 December

1955

2 December

1955

France

20 April

1964

20 April

1964

Georgia

28 May

2001

28 May

2001

Greece

26 August

1955

26 August

1955

Hungary

6 January

1987

6 January

1987

India

13 March

2008

13 March

2008

Ireland

26 August

1955

26 August

1955

Iceland

14 November

2003

14 November

2003

Israel

24 September

1964

24 September

1964

Italy

26 June

1957

26 June

1957

Japan

27 June

1957

27 June

1957

Jordan

13 June

2001

13 June

2001

Latvia

August 11

1992

August 11

1992

Lithuania

23 October

2001

23 October

2001

Luxembourg

12 March

1956

12 March

1956

Macedonia

1 Er December

1993 S

September 20

1993

Malaysia

2 October

2002

2 October

2002

Malta

30 January

1995

30 January

1995

Morocco

September 6

1993

September 6

1993

Mauritius

19 January

2011

19 January

2011

Mexico

18 March

1986

18 March

1986

Monaco

8 August

1996

8 August

1996

Montenegro

1 Er March

2007 S

3 June

2006

Norway

July 15

1955

July 15

1955

New Zealand A

5 February

2002

5 February

2002

Panama

29 May

2002

29 May

2002

Paraguay

28 June

2005

28 June

2005

Netherlands

September 25

1954

July 15

1955

Aruba

September 25

1954

July 15

1955

Curaçao

September 25

1954

July 15

1955

Caribbean (Bonaire, Sint Eustatius and Saba)

September 25

1954

July 15

1955

Sint Maarten

September 25

1954

July 15

1955

Peru

29 January

2001

29 January

2001

Philippines

July 14

2010

July 14

2010

Poland

29 May

1984

29 May

1984

Portugal

8 December

1953

July 15

1955

Czech Republic

1 Er April

1993 S

28 January

1993

Romania

10 April

1991

10 April

1991

United Kingdom

3 January

1955

July 15

1955

Russia

6 December

2001 A

6 December

2001

Serbia

1 Er June

2001 S

April 26

2001

Singapore

April 9

2014

April 9

2014

Slovakia

1 Er June

1993 S

April 26

1993

Slovenia

15 November

1992 S

18 June

1992

Sri Lanka

27 September

2001

27 September

2001

Sweden

9 December

1953

July 15

1955

Switzerland

6 May

1957

6 May

1957

Suriname

7 October

1977

7 October

1977

Tunisia

4 November

2014

4 November

2014

Turkey

26 August

1955

26 August

1955

Ukraine

3 December

2003

3 December

2003

European Union *

3 April

2007

3 April

2007

Uruguay

27 July

1983

27 July

1983

Venezuela

July 25

1979

July 25

1979

Vietnam

10 April

2013

10 April

2013

Zambia

17 May

2013

17 May

2013

*
Reservations and declarations.
Reservations and declarations are not published in the RO. The texts in English and French can be consulted at the Internet site of the Hague Conference: http://hcch.e-vision.nl/index_fr.php?act=conventions.listing or obtained in the Directorate of Public International Law (DDIP), Section of the International treaties, 3003 Berne.

A The status does not apply to Tokelau.


RO 1957 476; FF 1956 II 289


1 The date of 1 Er March 1954 indicated to the OR is incorrect.
2 Art. 2 al. 1 AF of 5 March 1957 (RO 1957 465)
3 RO 2007 425
4 RO 2014 479
5 RO 1972 1654, 1978 548, 1984 199, 1985 24, 1987 427, 1990 602, 1994 1154, 2003 4083, 2006 3257, 2009 2649, 2011 3293, 2014 479, 2015 4283. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on October 19, 2015