Two draft agreements with the Hague Conference on Private International Law and the Rome Institute for the Unification of Private Law

Request for an opinion | Doc. 190 | 18 September 1953

Author(s):

Committee of Ministers

Thesaurus

C O U N C I L OF E U R O PE

Committee of Ministers

The Chairmant

Strasbourg, 17th September, 1953.

Sir,

In accordance with the request of the Consultative Assembly embodied in its Reply to the Supplementary Report of the Committee of Ministers, adopted on 27th September, 1952, the Committee of Ministers has the honour to request the opinion of the Assembly with regard to the draft Agreements between the Council of Europe and the Hague Conference on Private International Law and the International Institute for the Unification of Private Law respectively.

I enclose the copies of these two draft Agreements, to which I have added, for the information of the Assembly, the text of the Wish expressed by the Hague Conference on 31st October, 1951 concerning its future relations with the Council of Europe.

I have the honour to remain, Sir, With great truth and respect,

Your most humble and obedient Servant,

For the Chairman of the Committee of Ministers

Signed : G O F F A R T .

Permanent Representative of Belgium.

Monsieur F. D E ME N T H O N,

President of the Consultative Assembly of the Council of Europe,

Strasbourg

I

Draft Agreement between the Hague Conference on Private International Law and the Council of Europe

The Government of the Kingdom of the Netherlands, representing the Hague Conference on Private International Law and, more particularly, acting in accordance with the desire expressed in the Final Act of the Seventh Session of the Conference, dated 31st October, 1951 (Part D, Section (a) concerning future relations between the Conference and the Council of Europe, of the first part, and

The Council of Europe, of the second part,

Considering that it is within the aims of the Hague Conference to work for the progressive unification of the rules of Private International Law;

Considering that the aim of the Council of Europe is to achieve a greater unity between its Members, and that this aim is to be pursued by inter alia the conclusion of agreements in the legal and administrative fields ;

Having regard to paragraph (c) of Article 1 of the Statute of the Council of Europe, which provides that " participation in the Council of Europe shall not affect the collabocord ration of its Members in the work of the United Nations and of other international organisations or unions to which they are parties " ;

Desirous of avoiding, as far as possible, duplication of work between the Council of Europe and the Hague Conference;

Taking into account the competence of the Hague Conference in matters relating to the unification of Private International Law;

Having regard to the desire expressed by the Hague Conference for close co-operation with the Council of Europe, in order that the Conference should be able to contribute to the achievement of the aims of the Council, in so far as they relate to the field of Private International Law, and in order that the Conference should be able to benefit from the expression of European co-operation afforded by the Council ;

Taking account of the independent character of the two organisations,

Have agreed as follows :

1 The Committee of Ministers of the Council of Europe will refer to the Conference questions relating to the unification of Private International Law which may be submitted to it for examination, unless special circumstances warrant a departure from this practice.

2 When a question of unification of Private International Law has been referred to the Conference by the Council, the Conference will either prepare a draft Convention or state its opinion on the subject. In either case, the conclusions of the Conference will be communicated to the Council.

3 The Permanent Bureau of the Conference, which it is proposed to create, will be the competent organ for correspondence with the Council.

4 An official of the Secretariat-General of the Council will ensure liaison between the two organisations and participate in the preparatory work relating to questions submitted to the Conference by the Council.

5 The Conference, if it adopts a draft Convention on a question submitted to it by the Council, will communicate this draft to the latter. The Council will in suitable cases recommend that its Members should take all appropriate action calculated to lead to the signature and ratification of the Convention at The Hague. If, for any special reason, the Council considers that it is necessary to propose modifications to a draft Convention adopted by the Conference, it will communicate its views to the Conference and the latter will take.a decision as quickly as possible, if necessary after written consultation of the Governments concerned.

6 The Conference may request the Council to recommend to its Members that they should sign, ratify or accede to any other Conventions adopted by the Conference.

7 This Agreement is concluded for a period of four years and thereafter shall be autom0atically renewed for further successive periods of four years, subject to the right of either party to terminate it at the expiry of the initial period or of any subsequent period by a notification to that effect addressed to the other party at least one year before the expiry of the period in question.

II

Draft Agreement betwen the Council of Europe and the International Institute for the Unification of Private Law

The Council of Europe, of the first part, and the International Institute for the Unification of Private Law, of the second part,

Considering that the aim of the Council of Europe is to achieve a greater unity between its Members, and that this aim is to be pursued inter alia by the conclusion of agreements in the legal and administrative fields ;

Considering that the International Institute for the Unification of Private Law, by the terms of its Statute, and by the nature of the activities.which it has carried on since its foundation, is an international organisation specialising in the unification, between States, of the rules of private law;

Considering that the International Institute for the Unification of Private Law has declared its readiness to assist the Council of Europe in the achievement of its aims;

Having regard to the assistance which the Institute has already furnished to the Council in legal matters;

Being desirous of defining the relation between the two organisations by a formal agreement,

Have agreed as follows :

Article 1

At the request of the organs of the Council of Europe or of its Secretariat-General, the International Institute for the Unification of Private Law shall, insofar as its means permit, assist the Council in the study of any questions concerning comparative law or the unification of the rules of private law which may be submitted to the Council for consideration.

Article 2

The Council of Europe will inform the Institute of all questions relating to the unification, between States, of the rules of private law which may be submitted for its consideration and will give the Institute an opportunity of expressing its views thereon.

Article 3

The assistance referred to in Article 1 shall include furnishing the Council with information and the preparation of technical studies and preliminary draft Conventions.

Article 4

Subject to such preliminary consultations as may be necessary, the Institute may propose items for the Agenda of the Committee of Ministers of the Council, including suggestions for the inclusion of questions on the Agenda of the Consultative Assembly. Such questions may include the adoption by the Members of the Council of draft Conventions prepared by the Institute.

Article 5

The Secretariat-General of the Council of Europe shall be invited to send representatives to any meetings of the Rome Institute at which questions of interest to the Council are to be considered.

Consultations shall be held with a view to enabling the Rome Institute to send a representative to the Sessions of the Consultative Assembly of the Council of Europe and to the meetings of any committees which may consider questions regarding which the Institute has been requested to give its assistance.

Whenever it appears advisable, a representative of the Rome Institute shall be invited to attend meetings of the committees of governmental experts convened by the Committee of Ministers.

Article 6

If compliance with a request for assistance made by the Council of Europe in accordance with Article 1 involves the Institute in any substantial expenditure, consultations shall take place with a view to determining the most equitable manner of meeting such expenditure.

Article 7

The Secretary-General of the Council of Europe and the Secretary-General of the Rome Institute shall consult each other about any questions which may arise in connection with the implementation of this Agreement.

Article 8

This Agreement shall come into force on the date of signature.

Article 9

This Agreement is concluded for a period of four years and thereafter shall be automatically renewed for further successive periods of four years, subject to the right of either party to terminate it at the expiry of the initial period or of any subsequent period by a notification to that effect addressed to the other party at least one year before the expiry of the period in question.

Ill

Wish Expressed by The Hague Conference

That the Netherlands Government be requested to conclude with the Council of Europe an agreement for mutual co-operation between that Organisation and the Conference, based on the following principles :

1 The object of the agreement will be to establish co-operation between the two international organisations on the understanding that each of them is an independent organisation.

2 The Council, recognising the competence of the Conference in questions relating to the unification of Private International Law, will refer to the Conference questions relating thereto which may be proposed for its examination.

3 When a question of unification of Private International Law has been referred to the Conference by the Council, the Conference will either prepare a draft Convention or state its opinion on the subject. In either case, the conclusions of the Conference will be communicated to the Council.

4 The Permanent Bureau of the Conference, which it is proposed to create, will be the competent organ for correspondence with the Council.

5 An official of the Council will ensure liaison between the two organisations and participate in the preparatory work relating to questions submitted to the Conference by the Council.

6 The Conference, if it adopts a draft Convention on a question submitted to it by the Council, will communicate this draft to the latter. The Council will recommend to its Members any action calculated to lead to the signature and ratification of the Convention at The Hague. If, for any special reason, the Council considers that modifications are necessary, it will communicate its views to the Conference and the latter will decide what action to take thereon.

7 The Conference may request the Council to recommend to its Members that they should sign, ratify or accede to any other Conventions adopted by the Conference.