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Last update: 24-07-2007
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Applicable law - International law

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Efforts are being made internationally to ensure that the courts apply the law of the same country to a given situation.

Different intergovernmental organisations have embarked on harmonising the rules of conflict of laws by preparing international conventions on specific points. Some of these conventions relate exclusively to conflict rules; others also contain rules on international jurisdiction. And there are conventions that seek primarily to harmonise substantive law, i.e. rules on matters of substance that tell the courts how they are to analyse this or that situation, but also contain some points on conflict of laws or international jurisdiction.

Given the large number of instruments containing conflict rules, sometimes scattered here and there, all we can do on this page is give a few examples.
  • The Hague Conference on Private International Law, an organisation which exists precisely to harmonise the rules of private international law on a worldwide basis, has now produced about thirty international conventions, twenty or so of them already in force, most of them dealing exclusively with the conflict rules in relation to matters such as maintenance obligations, road traffic accidents, products liability, matrimonial property regimes or successions.
  • The United Nations Commission on International Trade Law (UNCITRAL) has adopted a convention PDF File (PDF File 344 KB) on the assignment of receivables in international trade, which also contains conflict rules.
  • The International Commission on Civil Status adopted the Rome Convention No 12 français of 10 September 1970 on legitimation by marriage, which lays down uniform rules on the legitimation of natural children.

*Reference documents

  • Convention of 15 June 1955 on the law applicable to international sales of goods (Hague Conference on Private International Law)
  • Convention of 24 October 1956 on the law applicable to maintenance obligations towards children (Hague Conference on Private International Law)
  • Convention of 5 October 1961 on the Conflicts of Laws relating to the Form of Testamentary Dispositions (Hague Conference on Private International Law)
  • Convention of 4 May 1971 on the Law Applicable to Traffic Accidents (Hague Conference on Private International Law)
  • Convention of 2 October 1973 on the Law Applicable to Products Liability (Hague Conference on Private International Law)
  • Convention of 2 October 1973 on the Law Applicable to Maintenance Obligations (Hague Conference on Private International Law)
  • Convention of 14 March 1978 on the Law Applicable to Matrimonial Property Regimes (Hague Conference on Private International Law)
  • Convention of 14 March 1978 on the Law Applicable to Agency (Hague Conference on Private International Law)
  • Convention of 1 August 1989 on the Law Applicable to Succession to the Estates of Deceased Persons (Hague Conference on Private International Law)
  • Convention of 31 January 2002 PDF File (PDF File 344 KB) on the assignment of receivables in international trade (UNCITRAL)
  • Rome Convention No 12 français on legitimation by marriage of 10 September 1970 (International Commission on Civil Status)

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Last update: 24-07-2007

 
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