Good afternoon distinguished guests, ladies and gentlemen.
It is an honour and privilege to be able to address you today, in particular to share with you the ways in which the Hague Conference on Private International Law, or HCCH, can actively contribute to building the global community which is the subject of our discussions during this international Forum.
Introduction: The Mandate and Scope of the HCCH
The HCCH is the world organisation for private international law. A global, intergovernmental organization, the mandate of the HCCH is “to work for the progressive unification of the rules of private international law” (Art. 1 of the Statute of the HCCH). It does so by developing international treaties – called HCCH Conventions – and other instruments. These Conventions and instruments establish frameworks that include effective cooperation mechanisms that can overcome the challenges of cross-border procedures and promote the orderly and efficient settlement of disputes, good governance, sustainable development, and the rule of law.
The HCCH strives to provide individuals, families and children, businesses and investors, whose lives and activities cross the borders between different jurisdictions, with a high degree of legal certainty and predictability, while acknowledging and respecting the diversity of legal systems and traditions across the globe. In this way, the HCCH is able to contribute to the building of a global community, harnessing the strength of international law to the benefit of all humankind.
The relationship between the People’s Republic of China and the HCCH
The People’s Republic of China has long been a dedicated and strong supporter of the HCCH and its work. In fact, this year marks the 32nd anniversary of China’s membership of the HCCH.
With the generous support of the Chinese government, the HCCH Asia Pacific Regional Office was established in Hong Kong in 2012 and provides a very important service to the region. The Asia Pacific Regional Office raises the awareness of the work of HCCH and facilitates the promotion, implementation and operation of the HCCH Conventions in the region. HCCH Members have recognised that the benefits of the work conducted by the Regional Office extends beyond the region, to the rest of the world.
Since joining the HCCH, China (mainland, Hong Kong SAR and Macao SAR) has acceded to 12 HCCH Conventions. It is through these Conventions, together with the other Conventions currently under consideration by the Chinese government, that the channels of international cooperation, communication and collaboration will continue to broaden between China, the region and the world, not only ensuring the success of the Belt and Road initiative, but also contributing to the achievement of the sustainable development goals of the United Nations.
§ UN SDG No 16: Peace, justice and strong institutions
The HCCH is a strong institution and through its strong legal frameworks, the HCCH strives for peace, justice and to reinforce the rule of law. While this is an important notion, it is certainly not a new one.
§ The origin of the HCCH can be traced back to 1893, to what began as conference on private international law matters, held in The Hague and convened by none other than Nobel Prize winner, Dutch lawyer and scholar Tobias Asser. After a series of such conferences, it was decided to continue this important work by establishing a permanent organisational presence in The Hague. The Statute of the HCCH thus dates from 1955, and while there are a number of older Conventions from those earlier conferences, the 37 that we count today, date from the mid-20th century. Of these 37, approximately half continue to be used on a regular basis around the world, and these are what we term the “Core HCCH Conventions”. This long and proud history means that the HCCH has been a platform for multilateralism for over 125 years, a constant in a world of change.
Remains more than ever fit for purpose on global scene:
The world in which we live is a world of private international law, or cross-border movement, interactions and operations.
The HCCH continues to evolve and adapt.
In the latest HCCH Strategic Plan, the organisation affirms its resolve to strive for universality and inclusiveness and the strengthening of good governance framework.
§ The HCCH carries out its mandate in three main fields of work:
international family and child protection law
international civil procedure and recognition of documents, as well as
international commercial and financial law.
(mention Core HCCH Conventions/Instruments)
§ Many of the Core HCCH Conventions continue to stand the test of time, operating effectively and attracting the interest of States around the world. The HCCH continues its normative work towards the progressive unification of private international law, and is pleased to report the successful conclusion, on 2 July 2019 in The Hague, the Netherlands, of the 2019 HCCH Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.
This Convention has been heralded a “gamechanger”, principally because it fills an important gap in the global PIL landscape
Very active and constructive Chinese participation
§ 152 States/Parties connected to the HCCH.
Of the total number of countries either along the Belt and Road or which have signed cooperation agreements with China in relation to the Belt and Road Initiative, approximately 75% [103 out of 138] are already connected to the work of the HCCH, i.e. an HCCH Member or Party to at least one of the HCCH Conventions.
§ Large Network of connected States/Contracting Parties
933 - Total number of "Instances” in which an HCCH Convention (or Protocol) has entered into force (or will soon do so, depending on the Convention mechanism)) as a result of a Ratification, Accession, Continuation or Approval. This figure includes the “continuations” of application declared by the PRC for the HK/Macao SARs, and considers each EU approval as not a single approval, but the number of States to which that approval applies.
28,376 - The bilateral agreements figure does not take into account other regional or multilateral agreements or potential agreements (for example where an REIO has competence). It is based purely on the total number of individual agreements each “State” would have to conclude with each of the others to ensure treaty relations with all of the current Parties to HCCH Conventions and Protocols.
§ Why is this important? Benefits of HCCH Conventions
One Global Legal Framework – Setting Global Standards
A single accession to an HCCH Convention giving Contracting Parties access to a whole network of other Parties all applying the same uniform legal framework, without having to negotiate bilateral and/or regional instruments
Strong international legal framework
Take for example the Belt and Road Initiative. The enhanced trade and investment, for which the Belt and Road Initiative strives, will be better achieved with a strong international legal framework in place to facilitate judicial and administrative co-operation
§ Framework also facilitates resolution of disputes: Over 200 000 “foreign-related civil and commercial cases filed and resolved at various levels in Chinese courts” in the first five years from the launch of the BRI in 2013 (this is double the number recorded in the previous five years)
Legal Certainty & Predictability
§ Legal certainty and predictability arising from a strong and coherent international legal framework allows better planning and risk-management in international transactions and relationships (and preparing to resolve any (possible) commercial disputes.
Effective Cross-Border Co-operation in Civil and Commercial Matters
International Access to Justice and Rule of Law
§ Building bridges: not only between the PRC and the BRI States, but also among the BRI States themselves, creating a whole network of relationships at the international level
o At both ends of each bridge, the domestic law remains untouched by HCCH – States remain sovereign over their substantive domestic law – And they participate in work of HCCH as sovereign States
§ The flow-on effects:
Facilitate cross-border trade and commerce as well as foreign direct investment
Giving effect to human rights
Foundation for effective capacity building
No need to reinvent the wheel! Good practices and established structures – a global network
§ BRI = Movement of people, as well as movement of goods, services and capital – the HCCH Conventions represent strategic opportunities for the PRC and the many other States along both the Silk Road Economic Belt and the 21st-century Maritime Silk Road.
The HCCH Conventions can play an important role in facilitating connectivity and co-operation among the BRI jurisdictions.
o the PRC is party to Service/Evidence, has signed Choice of Court.
o Apostille of particular importance in facilitation of trade and investment (World Bank Investing Across Borders) – HK and Macao SARs are the only parts of China that currently apply the Apostille Convention
o Continue to help promote the HCCH and increase its visibility
§ UN SDG No 16: Peace, justice and strong institutions are important, but the work of the HCCH goes beyond that. The HCCH Conventions facilitate:
Movement of goods, services and capital
Movement of people
This facilitation will ultimately ensure the success of the BRI and contribute to building the global community, safeguarding our shared future.
Conclusion
[There is wisdom in the Chinese proverb that, “a single tree does not a forest make; likewise, a single string cannot create music.” As we look towards the world of tomorrow, we see that collaboration through structures such as the Belt and Road Initiative is crucial to the sustainable development of the global economy.]
The future-oriented work of the HCCH is testament to its continuing relevance as the leading global organization that develops practical and modern private international law solutions. The HCCH Conventions provide a uniform, pragmatic and proven legal framework not only to all States involved in the Belt and Road Initiative, but to Contracting Parties worldwide. This enables them to deal effectively with complex cross-border legal issues and greatly enhances cross-order co-operation in civil or commercial matters.
As the world’s second largest economy, China plays a vital role in all of this and possesses the power to lead by example. By promoting further engagement with the HCCH in countries involved in the Belt and Road, the People’s Republic of China can demonstrate a strong commitment to effective multilateralism in civil and commercial matters. Together, we can make a concrete difference to the lives of individuals, families and companies, not only in China, but across the globe.
With our continued resolve in the pursuit of international rule of law and effective access to justice for all, we can harness the opportunities and overcome the challenges, ultimately contributing to the success of the Belt and Road Initiative and ensuring that the UN Sustainable Development Goals can be achieved.
Normative Work
Contributing to the realisation of the UN Sustainable Development Goals, and in pursuit of achieving the Priorities set out in its Strategic Plan, the HCCH continues its normative work in various fields of private international law. It is currently exploring the feasibility of advancing work on the private international law issues relating to legal parentage and the status of children, including issues arising from international surrogacy arrangements. The HCCH is also developing a navigation tool to provide best practices on how family law agreements involving children can be recognized and enforced in a foreign State under its 1980 Child Abduction, 1996 Child Protection, and 2007 Maintenance Conventions. Research relating to this navigation tool will also provide insight on the desirability and feasibility of developing a Convention on the cross-border recognition and enforcement of such agreements.
Non-Normative Work
The proper implementation and operation of treaties is crucial to the promotion of and respect for the rule of law. The non-normative, or post-Convention, work of the HCCH recognizes this fundamental fact.
In international family and child protection law, the HCCH continues to highlight the vital role of the 1980 Child Abduction Convention, the 1993 Intercountry Adoption Convention, the 1996 Child Protection Convention, the 2000 Adults Convention, and the 2007 Child Support Convention and its Protocol, in the protection of children and vulnerable individuals in cross-border situations. In cooperation with Working Groups comprised of technical experts, the HCCH develops and publishes user-friendly Notes, toolkits, Guides to Good Practice and Practical Handbooks in the area. The HCCH also convenes stakeholders through meetings of Special Commissions, conferences and networks, and provides technical assistance in the form of technical assistance programmes, and judicial and other training courses, to Members and Contracting Parties.
In the field of international civil procedure and litigation, the HCCH looks to enhance legal certainty and predictability in the simplification of legal procedures across borders. A critical success factor in the take-up of the HCCH Conventions in this field has been the dual approach undertaken to facilitate effective access to justice for all through the simplification of procedures, as well as leveraging the technology-neutrality of the HCCH Conventions in order to best employ information and communications technology. This leads to a significant reduction of cross-border transaction and litigation costs. The suite of HCCH civil procedure and litigation Conventions: the 1961 Apostille Convention, 1965 Service Convention, 1970 Evidence Convention, the 2005 Choice of Court Convention, the 2015 Choice of Law Principles, and the 2019 Judgments Convention comprise a formidable toolkit for Contracting Parties seeking to simplify their cross-border civil procedure and litigation mechanisms.
