사법의 저촉을 해결하기 위한 국제적 노력에 대한 고찰
Study on the International Efforts Solving the Conflicts of Law Applicable to Private International Matters including International Business Transactions
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Abstract
Since 1893, the Hague Conference on Private International Law, a melting pot of different legal traditions, has developed and serviced Conventions which respond to global needs in the following areas: International protection of children, family and property relations; International legal co-operation and litigation; International commercial and finance law. On 1 January 2007, a revised version of the Statute of the Hague Conference - in French and English, both texts from then on being equally authentic - entered into force. The original Statute, adopted during the Seventh Session of the Hague Conference on Private International Law on 31 October 1951 (in French only), entered into force on 15 July 1955. Amendments were adopted during the Twentieth Session on 30 June 2005, and approved on 30 September 2006. The main purpose of the amendments is to make it possible for certain Regional Economic Integration Organizations to become a Member of the Hague Conference. The admission procedure of the European Community – in addition to its 27 States all of which are already Members of the Conference - was expected to be finalized during 2007. On 3 April 2007 the European Community (EC) became a Member of the Hague Conference on Private International Law, by depositing its instrument of acceptance of the Statute of the Hague Conference. The Hague Conference is the World Organization for Cross-border Co-operation in Civil and Commercial Matters. This admission of the EC to the Hague Conference, comes in addition to the individual membership of all 27 EU Member States, all of which are already Members of the Hague Conference. The EC has, as a result of the Treaty of Amsterdam (entry into force 1 May 1999), acquired its own legislative competence in the field of private international law. By joining the Hague Conference, the EC will reinforce the Hague Conference in its work to ensure in a systematic way justice and legal security for human relations and commercial transactions, by promoting and monitoring exiting Conventions and by creating new international instruments of co-operation for the benefit of all citizens around the world. The Hague Conference is one of the few international organizations joined by the EC as a Regional Economic Integration Organization. In addition, the amendments include revisions of the text so that it conforms with existing practices that have developed since the Statute initially came into force more than 50 years ago. On 20 August 1997 the Republic of Korea ("Korea") became a Member of the Hague Conference on Private International Law. Also, Korea became the 90th Contracting State of the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents. The Convention entered into force for Korea on 14 July 2007. Korea became a member country of the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. It will be helpful for the interests of Korea and its people to actively participate in the activities relating to international initiatives including such interests. It is necessary to be a member of highly-integrated world society and this will enhance the international efforts to resolve the conflicts of law applicable to private international matters.
참고문헌 (25)
- Alegría Borrás, "Hague Preliminary Draft Convention on the International Recovery of Child Support and Other Forms of Family Maintenance", ~ (2007)
- Barbara Stark, "International Family Law: An Introduction", ~ (2005)
- "Conclusions of the Working Group on Enforcement of Hudgements", Hague Conference on Private International Law Doc. L.c. ON, 통권 : 93 (1993)
- Gloria F. DeHart, "Introductory Note", I.L.M, 35, pp.1391~ (1996)
- Gloria Folger DeHart, "Comity, Conventions, and the Constitution: State and Federal Initiatives in International Support Enforcement", Fam. L.Q, 28, pp.89~ (1994)
- "Projects Concerning the Children's Conventions, Maintenance, Adults and Cohabitation - Planning for 2008-2009"[URL]
- "Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children", Report on the Fifth Meeting of the Special Commission to Review the Operation of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction and the Practical Implementation of the Hague Convention of 19 October 1996 on Jurisdiction (2007), Hague Conference on Private Int'l Law, Prelim. Doc
- "Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children", Conclusions and Recommendations of the Fifth Meeting of the Special Commission to Review the Operation of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction and the Practical Implementation of the Hague Convention of 19 October 1996 on Jurisdiction (2006), Hague Conference on Private Int'l Law, Prelim. Doc
- "Report on Judicial Communications in Relation to International Child Protection"[URL]
- "Compilation of Responses to the 2002 Questionaire Concerning a New Global Instrument on the International Recovery of Child Support and Other Forms of Family Maintenance 58", Hague Conference on Private Int'l Law, Prelim. Doc, ~ (2003)
- "Electronic Commerce and International Jurisdiction", Hague Conference on Private International Law, ~ (2000), Ottawa, 28 February to 1 March
- "Including the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption", Hague Conference on Private Int'l Law: Final Act of the 17th Session, ~ (1993), May 29, 1993, 32 I.L.M. 1134, 1145, Decision, pt. b(1)
- James G. March, "The Institutional Dynamics of International Political Orders", Int'l Org, 52, pp.943~ (1998)
- José Alvarez, "International Organizations: Then & Now", Am. J. Int'l L, 100, pp.324~ (2006)
- Joseph Story, "Commentaries on the Conflict of Laws, Foreign and Domestic, in regard to Contracts, Rights, and Remedies, and especially in regard to Marriages, Divorces, Wills, Successions, and Judgment" (1883), Little, Brown, and Cpmpany
- Linda J. Silberman, "Interpreting the Hague Abduction Convention: In Search of a Global Jurisprudence", U.C. Davis L. Rev, 38, pp.1049~ (2005)
- Linda Silberman, "The 1996 Hague Convention on Protection of Children: Should be the United States Join?", Fam. L.Q, 34, pp.239~ (2000)
- Linda Silberman, "Hague International Child Abduction Convention: A Progress Report", Law & Contemp, 57, pp.209~ (1994)
- Merle H. Weiner, "Codification, Cooperation, and Concern for Children: The Internationalization of Family Law in the United States Over The Last Fifty Years", Fam. L. Q, 42, pp.619~ (2008)
- Merle H. Weiner, "Half-Truths, Mistakes, and Embarrassments: The United States Goes to the Fifth Special Session to Review the Operation of the Hague Convention on the Civil Aspects of International Child Abduction", Utah L. Rev, 2008, pp.221~ (2008)
- Peter H. Pfund, "U.S. Participation in International Unification of Private Law", Int'l Law, 19, pp.505~ (1985)
- Richard R. Carlson, "The Emerging Law of Intercountry Adoptions: An Analysis of the Hague Conference on Intercountry Adoption", Tulsa L.J, 30, pp.243~ (1994)
- Ronald A. Brand, "Intellectual Property, Electronic Commerce and the Preliminary Draft Jurisdiction and Judgments Convention", U.Pitt.L.Rev, 62, pp.581~ (2001)
- Willis L.M. Reese, "Some Observations on the Eighth Session on the Hague Conference on Private International Law", Am. J. Comp. L, 5, pp.611~ (1956)
- Willis Reese, "The Hague Draft Convention on the Recognition of Foreign Divorces", Am. J. Comp. L, 14(692) (1966)