The Hague International Private Law Committee is an intergovernmental international organization whose purpose is to resolve law conflicts between countries through the formulation of conventions in order to achieve the goal of gradually unifying private international law.
Due to the chain certification, it has brought considerable inconvenience to the exchange of international relations. The difficulties caused by these complicated procedures have led to some complaints and dissatisfaction. Therefore, the United Kingdom proposed an idea to establish a convention aiming to eliminate or simplify certification procedures, especially for chain certification. According to this idea, in 1951, the Seventh International Conference on Private Law decided to set up a unified measure for the flow of documents between countries in a convenient way.
At the 8th Hague Conference on Private International Law in 1956, the European Commission presented a proposal to the Conference on the conclusion of an international convention on the simplification or exemption the official diplomatic or consular certification of international documents. The proposal was endorsed by the delegates, representatives of all countries agreed that it was necessary to develop such a convention and decided to include the convention in the agenda of the ninth session of the Hague Conference on Private International Law. During the 8th and 9th Hague Conference on Private International Law, a special committee was set up to prepare for the Convention. The Special Committee was assembled in Hague from April 27 to May 5, 1959, and the draft convention was initially drafted.
The first special committee of the 9th Hague Conference on Private International Law is responsible for finalizing the draft convention. Chaired by the Swiss Federal Court Judge A. Panchaud, the first Secretary of the Ministry of Foreign Affairs of Yugoslavia, R. Glusac, as Vice-Chairman, and the Drogz of the Permanent Bureau as the drafting secretary. The work of the Special Committee was very successful, and the draft convention that was completed and submitted to the General Assembly was quickly adopted at the Diplomatic Conference on 5 October 1961, entitled " Convention Abolishing the Requirement of Legalization for Foreign Public Documents". Referred to as the 1961 Hague Convention on the Elimination of Certification. According to Article 11 of the Convention, as of January 24, 1965, the Convention entered into force 60 days after the deposit of instruments of ratification by the three countries of Yugoslavia, the United Kingdom of Great Britain and France.
The Hague Convention content
The Convention consists of a preamble, a text and an annex. The preamble clarifies that the purpose of the Convention is “willingness to cancel foreign public documents subject to diplomatic or consular certification”. There are 15 articles in the main body, which specify the definition of public documents, the definition of certification, the system of additional certificates, the relationship between the Convention and other relevant treaties, conventions or agreements, and the ratification, entry into force, and accession of the Convention.
Among them, the additional certificate system is the core of the main body and the most striking part of the convention. A model format for additional certificates is attached to the annex to the Convention for the information of States parties.