HCCH - Informe anual 2018

Annual Report 2018 Special Edition Hague Conference on Private International Law | Conférence de La Haye de droit international privéReport 2018 Special Edition AnnualForeword It is my privilege to write the foreword to this special Annual

Report: the Special Edition 125.

This special edition has been prepared to commit to history the commemorations marking the 125th Anniversary of the HCCH. While this Annual Report also records other achievements of the HCCH during 2018, I am sure I will be forgiven when my foreword focuses on this remarkable milestone of an equally remarkable organisation. On 12 September 1893, Tobias Asser, Dutch Jurist, Scholar and Statesman, opened the first Session of the HCCH. An ardent believer that strong legal frameworks governing private cross-border interactions among people and businesses would not only make life across borders easier, but could in fact build a rule-based private order apt to promote peace and justice globally, he envisioned the HCCH as a multilateral platform for dialogue, discussion, negotiation and collaboration. The first Session canvassed issues relating to general civil procedure and jurisdiction. More specifically, delegates, who hailed from 13 States, dealt with subject matters comprising marriage; the form of documents; inheritance, wills and gifts; as well as civil procedure. It was a great success and produced the HCCH Convention on Civil Procedure. The global community recognised this success, and honoured the enormous value of Asser’s efforts, when, in 1911, it bestowed upon him the Nobel Peace Prize for having initiated this first Session. As J.G. Løvland, Chairman of the Nobel Committee, said in his Presentation Speech on 10 December 1911 in Oslo, Asser prepared “the ground for conventions which would establish uniformity in international private law and thus lead to greater public security

and justice in international relations.” On 12 September 2018, the HCCH rejoiced the 125th return of the opening of this first Session. It was also an opportunity to celebrate Asser’s vision. The HCCH marked this important Anniversary with a solemn ceremony in the presence of His Majesty King Willem-Alexander of the Netherlands. The ceremony was the apex of a triptych of celebratory events which sought to connect the HCCH’s past with its present and future. The triptych was completed by two high-level conferences organised through the HCCH’s Regional Offices in Latin America and the Caribbean and in the Asia Pacific Regions. Starting with Asser’s vision, the events investigated opportunities and challenges for the HCCH now and in the future. Their outcomes, together with the outcomes of a brainstorming session of HCCH Members which followed the ceremony on 12 September, will contribute to the HCCH’s future strategic directions. I take this opportunity to thank all my colleagues at the Permanent Bureau in The Hague, Buenos Aires and Hong Kong for their immense dedication and hard work which made this Anniversary year so special. You executed formidably a very demanding schedule. I also wish to thank the HCCH’s many friends who contributed so plentifully and willingly to our Anniversary events. Your support and efforts will shape the HCCH’s future for years to come. The HCCH is truly a remarkable organisation. It continues its work imbued with Asser’s vision. It embraces challenges and opportunities to remain the pre-eminent international organisation for the development of innovative, global solutions in private international law. For many years to come, the HCCH will continue to connect, protect, and cooperate. And it has done so since 1893. Christophe Bernasconi Secretary General

March 2019Contents 04 A year to celebrate: The HCCH turns 125Connecting. Protecting. Cooperating. Since 1893 18 Other Highlights 20 Members 21 Ratifications & Accessions 22 Facts and Figures 2018 24 A year to reflect: Other Notable Events 30 Governance 32 Our PeopleConnecting. Protecting.

A year to celebrate: "HCCH 125 –Ways Forward: Challenges and Opportunities in an

Increasingly Connected World" Hong Kong SAR (China) The first event to celebrate the HCCH’s 125th Anniversary took place from 18 to 20 April 2018 in Hong Kong SAR, People's Republic of China, the seat of the Permanent Bureau’s Regional Office for the Asia and Pacific Region (ROAP).1 Addressing 220 participants, leading global experts representing all continents and major legal traditions used a “Davos-style” format to discuss the opportunities for, and challenges to, private international law. They also considered what these could mean for the evolution of the HCCH, asking how the HCCH can retain its position as a pre-eminent leader in the development of global and innovative private international law solutions. Professor Basedow’s wide-ranging and inspiring keynote speech took the audience not only through 125 years of the HCCH,2 and some of its achievements, but also suggested paths that will allow the HCCH to continue “servicing an international private community that requires legal certainty in a world where divergent territorial laws impair the steady flow of global movements”.3 He then joined the first panel which, moderated by Lord Collins of Mapesbury, considered the current and future role of private international law.4 The panels that followed picked up on this discussion, focusing on the work areas of the HCCH. The experts discussing “International Family Law & Child Protection” sought to challenge some more entrenched views of the traditional notions of “family”, suggesting that the concept of the “nuclear family”, which still underpins much of the thinking in this area, is now outdated. The experts also considered the separation of family and commercial law as artificial and arcane. They suggested that, increasingly, families are commercial actors, while at the same time commercial activities provide the livelihood for families and advocated a more nuanced understanding of family to improve policy outcomes and to benefit the development of HCCH instruments. The panel “International Commercial & Finance Law” considered the bountiful benefits modern technologies and the digitisation of information can offer. Experts reflected on distributed ledger technology, cloud computing, artificial intelligence and the use of digitised and automated assistance, for example in the form of smart contracts. Technology-integrated dispute resolution mechanisms, data protection, securitisation and transactioning could benefit from these technologies but may challenge traditional private international law concepts, such as certain connecting factors. Potential adaptations may be required in this regard to future-proof the work of the HCCH. As to “International Legal Cooperation & Civil Procedure”, experts discussed the HCCH’s importance to reduce the burden of doing business and to increase efficiency and cost effectiveness in cross-border litigation and cooperation. Broader themes the experts canvassed included boosting efficiency and transparency globally, not only to improve access to justice and the rule of law, but also to engender confidence in the respective three arms of government. They advocated that for governments, cooperation is not a self-serving exercise, but rather a service to their citizens

that can further human rights through improving access toThe HCCH turns 125 Cooperating. Since 1893. justice which may include a "duty" to cooperate among nations. Zooming into the role of the HCCH and how the Organisation can continue discharging its mandate effectively and efficiently in the future, the experts suggested that it was incumbent upon the HCCH to become even more inclusive, requiring a further increased geographic reach and better regional intermeshing. They also floated that the HCCH may need to become more flexible in how it discharges its mandate. Suggestions ranged from a stronger focus on developing legal cooperation, not pure private international law, instruments as well as taking into consideration the development of “soft law”if and when “hard law”solutions do not seem to be possible, while considering at an early stage the use of digital technologies to support them. Specific references were made to the “e-APP” and “iSupport” Projects as digital technologies supporting the HCCH Apostille and the HCCH Child Support Conventions, respectively. The experts also noted a remaining lack of awareness of both the HCCH as an organisation and its Conventions. This lack, it was said, is far-spread among governments, practitioners and the judiciary, especially in countries that only recently joined the HCCH. Therefore, there was a unison call for the HCCH to continue its efforts to raise awareness of the 1 More information concerning this global conference can be found at < www.hcch125.org >. 2 J. Basedow, “The Hague Conference and the Future of Private International Law –A Jubilee Speech”, (82) 2018 (4) RabelsZ 922–943. 3 Ibid., 922–943, at 943. 4 The Panel Sessions were recorded and are available on the HCCH’s

YouTube channel. Organisation and its instruments, to make it a truly universal and inclusive organisation, using modern technology, such as webinars, videos, databases and online-based knowledge banks, to disseminate information and conduct trainings. The experts also encouraged greater promotional efforts through the HCCH’s Membership as well as better coordination with other international organisations.The second event took place in Buenos Aires, Argentina, the location of the Permanent Bureau’s regional office for Latin America and the Caribbean (ROLAC). Held from 13 to 15 August 2018, the meeting attracted 180 participants from 24 jurisdictions. Among them were the Presidents of all leading Latin American private international law institutions, representatives of National Organs and Central Authorities, child protection agencies and international bodies, as well as members of the International Hague Network of Judges (IHNJ), officers of the legislative and judicial branches, diplomats, academics, and lawyers and students. The event focused on the challenges States face when implementing, and improving, the operation of the HCCH’s Conventions on legal co-operation and international child protection, with over 40 regional experts who shared their expertise and identified two areas with particular challenges. The first focused on decision makers in government. Experts noted a lack of understanding of private international law and a need to better explain this area of law, including its ability to facilitate globally the protection of human rights and securing access to justice. Such better understanding, so the experts opined, could provide the impetus needed to garner more political support to develop private international law. Moreover, the experts also recognised the compounding effect of a similar lack of understanding, awareness and expertise among practitioners, arguing for better education in law, judicial and diplomatic schools, and continued post-graduate training, in this area of law. The second area concerned the efficiency and effectiveness of States and their agencies in implementing and applying the HCCH Conventions. Acknowledging that the successful incorporation is key to ensuring the effective operation of HCCH Conventions, and to preventing them from becoming ineffective both domestically, but also internationally, representatives of State authorities noted that significant efforts were required to implement HCCH Conventions domestically. Additionally, they highlighted the challenges in operating HCCH Conventions once implemented, referring, for example, to delays in the timely execution of legal cooperation requests. Experts acknowledged that the HCCH, through its post-Convention services and assistance, made important contributions to States in the region, for example, by advising on work practice optimisation to reduce delays, but also by sharing effective implementation measures. However, they also suggested that States must make more inroads themselves to make their processes more efficient, including by improving coordination among their agencies and relevant stakeholders. The experts suggested the creation of dedicated national working groups that progress the development of private international law at the national level, specifically acknowledging the importance of the legislature in implementing instruments domestically. Moreover, they recommended the increased use of digital technologies, with the positive exThe “Latin American Meeting on the Implementation and Operation of the Hague Conventions on Legal Co-operation and International Child Protection” Buenos Aires (Argentina) A year to celebrate: Connecting. Protecting.periences of some Central Authorities featuring as encouraging examples in this regard. Finally, the State representatives raised the challenges faced with following the work of different international fora, including those that develop treaties

such as the HCCH. In this regard, participants learned about the successful collaboration between the National Organ and the academic sector in Mexico. The HCCH turns 125 Cooperating. Since 1893.On 12 September 2018, His Majesty King Willem-Alexander of the Netherlands joined the HCCH for a commemorative ceremony to celebrate the Organisation’s 125th Anniversary. The ceremony took place in the historic Diligentia Theatre, located in the heart of The Hague, the City of Peace and Justice. The venue is located only a stone’s throw away from the beautiful Ridderzaal where the First Session of the HCCH took place in 1893. The Commemorative Ceremony to mark the 125th Anniversary "125 Years of Making a Difference" The Hague (the Netherlands) The programme was led by Her Excellency Ms Nora Stehouwer and featured addresses by His Excellency Mr Sander Dekker, Minister for Legal Protection of the Netherlands, Her Excellency Mrs Pauline Krikke, Mayor of The Hague, Professor Paul Vlas, Chair of the Netherlands Standing Government Committee on Private International Law, Mr Andrew Walter, Chair of the HCCH’s Council on General Affairs and Policy and Dr. Christophe Bernasconi, Secretary General of the HCCH. Their speeches, which are reproduced in this Annual Report, highlight the history and importance of the HCCH’s work, for the present, and in the future. Drawing on Asser’s vision in 1893, the speakers emphasised that the work of the HCCH has touched, and continues to touch, upon the lives of millions of people and commercial operations – everywhere around the world and every single day. The speakers also recognised that the work of the HCCH will only gain in importance, with lives across borders becoming even more prevalent than they already are.

Moreover, they stressed that private international law is a conversation among nations of different legal traditions and highlighted the important role the HCCH plays in facilitating this

A year to celebrate: Connecting. Protecting.Cooperating. Since 1893.

The HCCH turns 125 conversation. The dialogues, discussions, negotiations and collaboration held and conducted under the auspices of the HCCH are, and result in, pragmatic responses to differences, while promoting access to justice and the rule of law globally. Finally, the speakers recognised the proud, longstanding and strong relationships between the HCCH, the Netherlands, as its host State, and the City of The Hague, the International City of Peace and Justice, as its host city. Two musical performances rounded off the programme before His Majesty the King and the Secretary General unveiled a commemorative painting as a lasting memento of the ceremony, and which now proudly hangs in the conference room of the Permanent Bureau.Speech by Her Excellency Ms Nora Stehouwer van Iersel, Master of Ceremonies Your Majesty, Your Excellencies, Distinguished guests, good afternoon, bienvenue to you all. I am delighted to welcome you here in the theatre Diligentia for the commemorative ceremony of 125 years of existence of the Hague Conference on Private International Law, indeed 125 years of making a difference. My name is Nora Stehouwer-van Iersel. In the recent past I served as Ambassador for the International Organisations in NL and I am honoured to be your Master of Ceremonies today. It is a tremendous honour to welcome His Majesty King WillemAlexander of the Kingdom of the Netherlands who has graced us with his presence today. Among our most special guests I also welcome Minister of Legal Protection of The Netherlands, His Excellency Mr Sander Dekker and the Mayor of the city of The Hague Her Excellency Ms Pauline Krikke, as well as the distinguished representatives

of the Members of the Hague Conference on Private International Law and members of the diplomatic corps. Alors que vous preniez place, vous avez pu regarder des photos retraçant l’histoire de la Conférence et écouter la Symphonie du Nouveau Monde, composée par AnthonyDvorak et jouée pour la première fois en 1893 au Carnegie Hall de New York. Elle a été jouée à une époque où la Conférence de La Haye créait également un nouveau monde grâce à la collaboration dans le domaine du droit international privé. Le Néerlandais Tobias Asser – qui a reçu plus tard le prixNobel de la paix– et plusieurs de ses collègues ont créé les fondements de ce qui, 125 ans plus tard, a donné naissance à 38 Conventions, 2 Protocoles et un ensemble de Principes. Ce qui est unique – et rend la HCCH si spéciale – c’est que ce travail législatif a au quotidien une importance cruciale dans la vie des citoyens, des familles et des entreprises à travers le monde entier. Vous en apprendrezdavantage au cours de cette cérémonie. [Speeches and launch of the new HCCH video] In this first interlude, the well-known soprano Violetta Lazin will make us go back in time with the melancholic song ‘Long time ago’from Copland, and then with the second song she makes clear through the Tarantella that dancing is the best cure in life! Violetta will be accompanied by Luba Podgayskaya. [Musical interlude] Thank you, Violetta and Luba, for this vivid music. [Speeches] We will now have the second musical interlude which will illustrate that it is time to celebrate the 125 years of the Hague Conference: the “Brindisi”of Verdi’s opera “La Traviata”, with the soprano Violetta Lazin and the tenor Charles

Hens, accompanied by Luba Podgayskaya. [Musical interlude] Thank you for this festive music. We have reached the final stage of this ceremony. I now invite to the stage His Majesty the King together with the Secretary General of the HCCH, Dr Christophe Bernasconi, who jointly will unveil the artwork commissioned on the occasion of 125 years of existence of the Hague Conference on Private International Law. [Unveiling of the painting] Thank you Majesty and thank you Dr Bernasconi. This officially concludes the ceremony. Thank you all for joining us on this historic occasion. I invite you to remain seated while His Majesty and certain other guests proceed to the reception rooms. In a few moments you will be invited to join the reception there. Thank you all very much for your presence today.Speech by His Excellency Mr Sander Dekker, Minister for Legal Protection, Ministry of Justice and Security of the Netherlands Your Majesty, Secretary-General, Your Excellencies, ladies and gentlemen, It’s a great pleasure to address you on behalf of the Dutch government and to congratulate you all on the 125th anniversary of the Hague Conference on Private International Law. Nous sommes fiers d’abriter une organisation internationale riche d’une si longue histoire et d’une telle importance à l’heure de la mondialisation. Si vous me le permettez, je vais poursuivre en anglais. When the Dutch lawyer Tobias Asser convened the first Hague Conference in 1893, the world was a different place. I’m sure other speakers will mention him today, and rightfully so. Because Asser, winner of the Nobel Peace Prize, was a visionary. At the end of the nineteenth century, he saw that international relations were expanding. What’s more, cross-border business disputes had started to arise, demanding clarity and resolution. Of course, most people still lived their lives

within the boundaries of their own neighbourhood. But Asser foresaw that this would change. He saw that, in the future, the world would need international legal agreements. And he was right. In the late nineteenth century, our cities and neighbourhoods defined who we were. Nowadays, the wider world is part of our daily lives. Through our travels, through our personal contacts, and through the internet. Often the resulting possibilities make life easier or more interesting. But they can make life more complicated, too. Imagine you’re unlucky enough to have a car accident while on holiday abroad. The damage is serious, and you need to know which country’s laws will determine who’s liable. Fortunately, the Hague Convention on the Law Applicable to Traffic Accidents lays down rules which help figure that out. Allowing all parties to put the incident behind them and move on. Even more painful is when international marriages fall apart. Especially when there are children involved, and one parent decides to take them abroad without the other parent’s approval. Regrettably, situations like this are not uncommon. But thanks to the Hague Conference, we have a legal procedure to bring the children home as soon as possible. Cases like these show the clear need for the work of the Hague Conference. The harmonisation of rules, which has always been your goal, enables people to find their way in a globalising world that, to many, can seem like a maze. I’d like to congratulate you on your many achievements, and to invite you all to continue seeking practical solutions to the complex legal situations that arise all over the world. I look forward to hearing the results of the Conference’s ongoing work, and especially to the upcoming Diplomatic Conference on the ‘Judgments Project’. Ladies and gentlemen, if we had a time machine and could transport Tobias Asser to the present day, I’m sure he would be delighted with the progress of the Hague Conference. And with the legacy of what he started: global

cooperation that aims to solve people’s legal problems. Let us continue guiding people through the maze of private international law. Let’s help them eliminate legal obstacles and find simple solutions for their legal problems. Above all, let’s show them that the rule of law really works.Speech by Dr Christophe Bernasconi, Secretary General of the HCCH Your Majesty, Excellencies, Distinguished Guests, Dear Friends and Colleagues, Minister Dekker, thank you for your thoughtful speech and kind words. Now, you ALL know why we’re here! An anniversary! 1893 – 125 years ago. An unusually fine year. Something completely new is presented to the world. It amazes everyone! It changes lives, around the planet. What is that awesome new thing? Right, the dishwasher! The world’s first dishwasher is presented at the 1893 World Expo in Chicago. Invented by a resourceful American woman, Josephine Cochrane. The idea catches on! Meanwhile, over in Europe, in 1893 another remarkable “invention”is launched. Tobias Asser, with strong support from Italian colleague Pasquale Mancini and Russian jurist Fyodor Martens, masterminds the very first Session of the Hague Conference on Private International Law. And here we are, exactly 125 years later, remembering them too! Mind you, that first dishwasher won a top prize: “Best mechanical construction, durability and adaptation to its line of work”. Sounds a bit like the Hague Conference! Tobias Asser received the Nobel Peace Prize in 1911 – for having established the Hague Conference. The dishwasher is universal –there surely is at least one in every country in the world! The HCCH has not (yet!) spread quite that far! Japan started to participate in the work of the Hague Conference as early as 1904, the first non-European State. Today we have 83 Members, the latest being Kazakhstan. 152 States or parties are connected in one way or another with our

work. As of this morning, following deposits of instrument by Paraguay, Cuba and the Philippines, there are in total 921 ratifications, accessions etc. that have brought Hague Conventions into effect around the world (or are about to) [921] – giving effect to basic human rights, providing effective cooperation mechanism between States, providing commercial operators with legal certainty and predictability, thus favouring cross-border trade and commerce. Ensuring Access to Justice. The work of the HCCH matters. And so it’s only right today to say thank you to all those who have brought us here. The many top experts and delegates involved in our work – those who negotiate our Conventions and other instruments. Especially the dedicated officials from our Members who always have a keen interest in what is going on in their Organisation. And of course, all former and current colleagues at the Permanent Bureau (the Secretariat). Thank - You - All! I also wish to thank the Government of the Netherlands as Host State for all its support throughout the years. The same goes for the City of The Hague. Your Majesty: the Royal Family’s keen, continuing interest in our work is very much valued indeed. Vous aveztous vu la vidéo. La HCCH n'est pas seulement la plus ancienne des institutions juridiques internationales à La Haye. Notre travail a aussi le plus grand impact direct et pratique sur la vie des gens en situation internationale : le bien-être des enfants, les opérations commerciales, les procédures judiciaires civiles et commerciales. En fait, nous sommes comme ce lave-vaisselle : Nous ronronnons efficacement, à l'arrière-plan, accomplissant du travail essentiel, de sorte que les gens puissent se concentrer sur d'autres choses. Bon, ne vous méprenezpas ! Je ne me plains pas ! Pas aujourd'hui.

Mais quand on est en arrière-plan, on n’est forcément pas au premier plan !Demandez à quelqu'un dans la rue « qu’est-ce que la HCCH ? » – et vous aurez assurément un regard perplexe en réponse. Essayez-ça sur le chemin du retour après la réception ! 921 ratifications, adhésions etc. de Conventions de La Haye – c’est pas mal ! Mais, plus de 40États de ce monde ne sont toujours pas liés à la HCCH. Si tous les États de ce monde étaient Parties à nos huit Conventions qui connaissent le plus grand succès [Apostille, Notification, Preuves, Élection de for, Adoption internationale, Enlèvement d'enfants, Protection des enfants, et Recouvrement des aliments] nous aurions près de 1500 ratifications, adhésions etc. Il reste donc du chemin à parcourir – passer au niveau suivant. Aussi, à la HCCH avons-nous des discussions « de lave-vaisselle » sur ces prochaines étapes et notre programme de travail : « quelle est la meilleure façon de le remplir ? », « qui devrait le remplir ? » et « quel est le meilleur programme ou cycle à choisir… ? » Notre monde, un monde où le droit international privé est de plus en plus visible, chaque jour, et bien ce monde a besoin d’une Conférence de La Haye forte et efficace – plus que jamais et donc nous invitons ces autres États à devenir Membres de la HCCH, à se joindre à ses Conventions à tirer parti de ce que nous faisons – pour leur peuple, pour leurs entreprises. Mesdames Messieurs les ambassadeurs, dites à vos capitales qu'en investissant dans la HCCH et ses Conventions, elles

auront un excellent retour sur investissement : qu’elles aident les gens à démêler leurs imbroglios, qu’elles investissent dans la coopération internationale – à son meilleur niveau. Today let’s celebrate together what the Organisation has achieved over the past 125 years. Even these days with our ageing populations – and yes, there’s a Hague Convention that helps here too – it’s not easy being 125 years old. Especially when you plan to live for another 125 years! That’s the good news! The best news? We have a dishwasher – so you don’t need to stay behind after the reception! Merci !Speech by Her Excellency Mrs Pauline Krikke, Mayor of The Hague Your Majesty, Excellencies, Ladies and Gentlemen, With hindsight you can see that actually it was announced in the newspaper: The Hague’s date of birth as the international city of peace and justice. Under the headline ‘An Important Conference’, on the second of September eighteen ninety-three it was reported in the Algemeen Handelsblad that “two weeks from now representatives from various countries will meet in The Hague to make preparations for a uniform regime in certain areas of private international law”. Certain areas. A modest description of a conference which could easily be considered historic. Both for the judicial world and for our city. The Peace Conference of eighteen ninety-nine is often seen as when The Hague’s international reputation first began. And that was certainly a very important milestone. But it actually started to evolve six years before that. And it was because of that successful conference on private international law and what followed, that the Russian Tsar decided to hold the first Peace Conference here in our city. That this all took place in The Hague was largely due to the efforts of just one man: Tobias Asser. As the Minister already mentioned. And rightly so, because his achievements were indeed exceptional. This man who

has meant so much to international law and The Hague, initially found that he was out of step with the age. Because although telegraphy meant that international communication was becoming more important, and people could travel much more easily because of the railways and shipping, at the same time, nationalism was on the rise. In that respect there were certain parallels with the age we live in now. Tobias Asser opposed this. As a citizen of the world, he not only moved with ease in interna