Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 55 Bolivia: Bolivian Perspectives on the Hague Principles »
José Manuel Canelas SchüttFrom: Choice of Law in International Commercial Contracts
Edited By: Daniel Girsberger, Thomas Kadner Graziano, Jan L Neels
This chapter examines Bolivian perspectives on the Hague Principles. Bolivia has few legal provisions and little meaningful legal precedent referring to international commercial contracts and choice of law. Nevertheless, Bolivia’s legal system recognizes the importance of party autonomy, custom, usage, equity, and even culture in contract law. In that sense, the Hague Principles may be useful in a variety of ways, such as supplementing or re-interpreting national laws, as guidance for legal reform, or as incorporated by reference into a contract. The existing legal vacuums in Bolivian law may at times offer even broader opportunities for their use than in other jurisdictions where the law is more developed. The Hague Principles could be applied by courts and arbitral tribunals as a subsidiary source of law, either in cases where there is no specific rule applicable to the matter at hand or in cases where the Hague Principles would be helpful to interpret the applicable conflict rule. The application of the Hague Principles cannot contradict Bolivia’s mandatory rules or public policy. For an effective use of the Hague Principles, it should be noted how these are in line with constitutional principles, particularly party autonomy.