Kazakhstan and Hague Conference on Private International Law: The Unification of Collision of Law in International Trade

This article discusses the prospects of participation of the Republic of Kazakhstan in Hague Conference on Private International Law on the unification of collision law in the international trade. The article analyzes some conventions on international trade. The appropriate conclusions based on the opinions of scientists and experts in this field have been made. First, all issues presented in the form of gaps or spaces in conventions should be the subject to direct negotiations in the course of the activities of Hague Conference, and have a comprehensive feature, be transparent and taken under simplified procedure. Secondly, one should not underestimate the value of conventions that do not become active due to various reasons and having a positive impact on the development and improvement of national legislation and practice in the field of private international law. Thirdly, Kazakhstan has to reconsider its attitude to Hague Conference, having become its full member and aiming at providing constructive and fruitful cooperation with both the organization itself and its member states.

Authors:

• Z. Baimagambetova
• Zh. Sairambaeva

Keywords:

• Hague Conference on Private International Law
• Hague Conventions
• unification
• collision norms
• international trade
• international private law
• integration.

References:

[1] S.Zh. Aidarbayev. Integration processes in the post-Soviet space in a
globalizing world: international legal aspects. Monograph. - Almaty:
Kazak University, 2010. - p. 84.
[2] V.V. Popko. Unification of norms of international private law within the
frames of the Hague Conference / Synopsis of thesis, Cand.Sc. Law.
Kiev National University named after T. Shevchenko. Kiev, 2006. - p.
3.
[3] http://www.hcch.net/index_en.php?act=states.listin
[4] G. Loon. Law: Instrument of Innovative and Safe Development of the
World / Saint-Petersburg International Legal Forum 20 May 2011 /
http://kremlin.ru/news/11286
[5] V.P. Zvekov. Law collisions in the international private law - M.:
Walters Cluver, 2007. - p. 90 - 91.
[6] G.B. Ispayeva. Definition of contract for international sale subject in
international relations // Messenger of KazNU named after al-Farabi.
Juridical series.- 2004. - Ôäû1 (29). - p. 23.
[7] N.G.Vilkova. Contractual law in international turnover (Attachment) -
ð£.: Statut, 2004. - p. 110 - 119.
[8] N.G.Vilkova. Unification of conflict rules in the sphere of international
contracts // Economy and law. 1977. - Ôäû11. - p.133.
[9] The Civil Code of the Republic of Kazakhstan (special part), July 1,
1999 N 409 // Kazakhstanskaya Pravda, 17 July, 1999, N 172-173.
[10] M.M. Boguslavsky. International private law: Textbook. - 3rd edition,
revised and added. - M.: "Laywer", 1999. - p. 200.
[11] A.V. Kukin. Principles of international commercial contracts,
UNIDROIT: conceptual issues and legal nature / Synopsis of thesis,
Cand. Sc. Law. - ð£., 2004. - p. 8.
[12] The Law of the Republic of Kazakhstan of 30 December 1999 "On
acceding of the Republic of Kazakhstan to the Convention Abolishing
the Requirement of Legalisation for Foreign Public Documents done at
The Hague on 5 October 1961" // Kazakhstanskaya Pravda, 5 January
2000, No.004
[13] The Law of the Republic of Kazakhstan of 12 March 2010 "On
ratification The Hague Convention of 29 May 1993 on Protection of
Children and Co-operation in Respect of Intercountry Adoption" //
Kazakhstanskaya Pravda, 17 March 2010, No.62 (26123)
[14] D.A. Abdilda. Problem of implementation of international contracts into
the national customs law of the Republic of Kazakhstan / Thesis Cand.
sc. law University named D.A. Kunaev, Almaty 2008. - p. 10.