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Part 1 General and Special Reports, 4 HCCH: Roadmap for the Promotion of the HCCH Principles, with a Focus on the Role of International Organizations »

João Ribeiro-Bidaoui
From: Choice of Law in International Commercial Contracts
Edited By: Daniel Girsberger, Thomas Kadner Graziano, Jan L Neels
This chapter focuses on the Hague Conference on Private International Law (HCCH), a global intergovernmental organization which develops and services multilateral legal instruments, in response to global needs. The HCCH Principles affirm party autonomy as a basis for the choice of law in international contracts and strengthen legal certainty and predictability in cross-border commercial transactions. They are important to easing reform and harmonization initiatives concerning the rules applicable to international trade, and they operate as both a model choice of law regime and as a guide to ‘best practices’ in establishing and refining such a regime. The chapter considers the use of the HCCH Principles to date and foreshadows their potential uses in the future. It reviews the envisaged use of the Principles by legislators at national and international levels, international organizations, courts, arbitral tribunals, the commercial parties, and their legal counsel. The chapter then outlines the parties to whom the Principles may be promoted in a manner consistent with the Preamble and identifies specific means for promotion.