Par Jean-Marc Thouvenin, Secrétaire général de l’Académie de droit international de La Haye.Membre associé de l’Institut de Droit International.
Dans le cadre de mes fonctions de Secrétaire général de l’Académie de droit international de La Haye, j’ai la chance de rencontrer de nombreux ambassadeurs et ambassadrices. Je saisis l’occasion qui m’est offerte par Diplomat Magazine pour mettre par écrit, et en français, ce que j’aime à leur dire de l’Académie.
Par nature, l’activité diplomatique est d’une grande richesse. À La Haye, ce qui la caractérise est la prégnance d’un de ses plus beaux fruits, à la fois fragile et fondamental, le droit international. Fruit de la diplomatie d’hier, pleine de la sagesse des hommes et femmes qui, après avoir connu la guerre, nous ont légué de formidables institutions fondées sur des règles et principes de droit. De la diplomatie d’aujourd’hui, gonflée de l’impérieuse ambition de régler au mieux les défis du monde contemporain, et qui travaille sans relâche à poser les principes et textes de droit qui y contribuent. Les étudiants de l’Académie savent bien la noblesse comme la difficulté de cette tâche, puisque les ambassadeurs et ambassadrices en poste à La Haye acceptent, et l’Académie leur en est vivement reconnaissante, de leur ouvrir généreusement les portes de leurs ambassades afin de les rencontrer et de leur expliquer leur quotidien.
Le Palais de la Paix constitue le centre de gravité du droit international. Il symbolise son histoire, les espoirs que l’on place en lui, et s’offre comme le siège de son application comme de son adaptation aux nouveaux enjeux. En son sein, deux cours internationales règlent les différends internationaux en appliquant le droit international. Quant à l’Académie qui y a également son siège, elle est le lieu par excellence où, depuis presqu’un siècle, le droit international se discute, se théorise, s’enseigne, et s’apprend.
Inaugurée en juillet 1923 sous les auspices du Gouvernement néerlandais et en présence des représentants des États, de la Société des Nations, des grandes institutions internationales, du monde universitaire et judiciaire, ainsi que de la presse de tous les pays, l’Académie n’a cessé depuis lors d’œuvrer à l’enseignement, à l’étude, à la diffusion et à une compréhension plus large du droit international sous tous ses aspects, aussi bien public que privé.
C’est ce qui explique l’engouement des juristes et diplomates du monde entier pour ses sessions de cours. Tant et si bien que l’Académie a développé de nouveaux programmes : des cours d’hiver s’ajoutant désormais aux cours d’été ; des cours spéciaux à la demande des États désireux d’offrir à leurs juges ou autres talents une mise à jour sur un aspect du droit international ; un cours spécial réservé aux diplomates sur le règlement judiciaire des différends.
Héritage du temps passé, l’Académie est pleinement « dans son temps » – face à la pandémie, elle donnera ses cours de l’hiver 2021 en ligne. Elle est toujours unique en son genre, en particulier parce que son œuvre est étroitement liée à celle de la diplomatie. Au demeurant, de nombreux ambassadeurs et ambassadrices ont donné des conférences à l’Académie. Son objectif est encore à ce jour, comme l’affirmait son Curatorium dans le Bulletin de 1923, de « créer et entretenir une bienfaisante influence », en mettant en contact « dans un commerce scientifique quotidien, les représentants des diverses écoles nationales [afin qu’ils parviennent] à mieux comprendre les raisons des divergences doctrinales et pratiques des autres pays. Leurs points de vue particularistes finiront par faire place à une conception commune, internationale. En même temps, il s’établira entre eux des rapports personnels, qui développeront des sentiments réciproques d’estime et d’amitié. …. Ils contribueront à la formation d’une mentalité internationale qui, correspondant à l’interdépendance économique des peuples, sera la véritable garantie de la paix ».
Le Curatorium des premiers temps pouvait « compte[r] sur le bienveillant appui des Gouvernements ». C’est encore le cas de nos jours, et les diplomates de La Haye en sont vivement remerciés. Puisque nous avons encore tant à faire, on pourrait songer qu’il serait pertinent d’amplifier ce soutien, encore plus crucial aujourd’hui qu’hier, comme l’Assemblée générale des Nations Unies y invite chaque année les États (A/RES/74/185 du 18 décembre 2019, par. 24).
Two Ambassadors, 12 provinces, and over 650 kilometres in one week. U.S. Ambassador to the Netherlands Pete Hoekstra completed Friday a one-week bicycle tour of the Netherlands. Ambassador Hoekstra was joined by the U.S. Permanent Representative to the OPCW, Ambassador Ken Ward. Their goal: visit each of the country’s 12 provinces.
“This year would have been my 5th time participating in the Fietselfstedentocht. When it was cancelled, we realized that it presented a unique opportunity to get on the bike and try to visit an even larger area of the country,” Hoekstra said.
An avid cyclist known for posting photos from his rides, Ambassador Hoekstra used his Twitter account to solicit ideas of places and sites to visit from people across the Netherlands. Dozens of people replied in his Twitter comments.
Using those suggestions, the Embassy crafted a 650 kilometer route through each of the Netherlands’ provinces. The seven-day trek was part of the U.S. Embassy’s #EchteVrienden initiative to reach out to Dutch citizens from all walks of life, and a variety of backgrounds.
Both Ambassadors enjoyed seeing more of the Netherlands, meeting up with their social media audience, and connecting with local officials along the way.
Jean-Paul PJ Horsch and Ambassador Pete Hoekstra.
“This year would have been my 5th time participating in the Fietselfstedentocht. When it was cancelled, we realized that it presented a unique opportunity to get on the bike and try to visit an even larger area of the country,” Hoekstra said.
With travel and meeting opportunities more difficult in the time of COVID, a bike tour framed around Dutch history, culture, and sights was the perfect way to strengthen the U.S. connections with people from across the country.
Ambassador Ken Ward and Ambassador Hoekstra.
“All good things must come to an end. Our 12-province, 7-day, 700km journey ended today in picturesque Sint Philipsland in Zeeland. The windmill that saw off so many Dutch headed to America welcomed some American (and Dutch) riders today.”
European tourists adore exploring the Sultanate of Oman. Annually Oman attracts a large number of Dutch tourists. Oman is distinguished by its beautiful beaches, golden sands and its majestic mountains. Oman also combines originality and modernity and thanks to the Renaissance, many projects have been realized, including modern roads, high-end hospitals and elegant hotels spread across the Sultanate. Several entertainment programs are adapted and adjusted to the tourists needs and expectations as diving, mountains climbing, desert cars racing and also camel racing.
It is not surprising to see four-star hotels in the middle of the desert, fascinating lovers of nature and adventure. The tourist finds everything he loves, a sea, a mountain and a desert. On top of the natural beauty we should not forget the traditional souks as in Mutrah and Nizwa with their silvery handicrafts and all kind of souvenirs which charms the visitors. Souks are filled with spices, frankincense coming out of beautiful burners. There is the taste of sugar cane, coconut and strong Arabian coffee.
Visit Oman
We are convinced that any visitor of the Sultanate longs to return back not only because of the beauty of the country and its fascinating landscapes but also because of the warmth of the reception and the openness and generosity of the Omanis. Omani hospitality begins with a friendly handshake and a nice big warm smile and knows absolutely no boundaries when it comes to winning hearts. Your trip will be truly memorable.
Home to immense mountains, dramatic coasts and desert oases, tourists can experience completely diverse landscapes all in one country.
Oman is unique in its greatly contrasting landscapes, we are absolutely convinced and sure that all these great opportunities to live and experiment are not to be missed and will be revived after these very difficult pandemic times.
In the picture the Minister Counsellor from Panama, Armonia Belchieur, Edith Bergansius, the Ambassador of Chile, H.E. María Teresa de Jesús Infante Caffi and the Ambassador of Uruguay, H.E. Laura Dupuy Lasserre.
One hundred years of Hispanism in The Hague were celebrated by a group of important supporters of Edith Bergansius’ outstanding commitment towards the Spanish language and the promotion of the Spanish speaking countries’ literature and history.
Bergansius, Chair of the Asociación Hispánica de La Haya since 2006, described during her extemporaneous speech the history of the association from its outset as the Holland-Spain Association. It was created on 30 October 1920 in the aftermath of the Great War to support the sister association that had been created in Madrid, which was Holland-Spain. There were 37 influential people in The Netherlands who supported the creation of the association composed by 2 women and 35 men. Seven years later the group started to divided into different Spanish associations first in Amsterdam, followed by Groningen, Rotterdam, Utrech, and others.
After the war in 1947, it was decided to change the name of the association since Latin America began to become more prominent due to commercial exchanges, especially through Shell deals. It was finally called the Associación Hispánica de La Haya. Now with nearly 200 members they are the oldest as well as largest Hispanic association in The Netherlands.
We can say that during that last 13 years of Bergansius’ presidency every Spanish speaking country contributed to the association with one, or many cultural events based in the literature, the history, and other aspect of their culture.
The symbolic event with a very limited guests owing to the ongoing pandemic restrictions was held at Carlton Ambassador’s Hotel in the presence of the Ambassador of Uruguay, H.E. Laura Dupuy Lasserre; the Ambassador of Chile, H.E. María Teresa de Jesús Infante Caffi; the Minister Counsellors from Panama; Armonia Belchieur; from Ecuador, Fernando Echevarria; from Nicaragua, Sherly Noguera; Counsellors in charge of Cultural Affairs of the embassies of Spain, Luis Tejero González; Mexico; Jorge Delgado; Consul de Argentina, Juna Ignacio; El Salvador, Susana Patricia Azucena Mancia; diplomats from Colombia, Peru.
From the heart of the Asociación Hispánica de La Haya, the accountant Xander Nootenboom, the secretary Monstserrat Barbera Poix, and the Webmaster Peggy Booig attended. Elvira Bergansius, a lawyer and only child of Edith proudly attended the intimate event with her partner.
Edith Bergansius is a major point of reference for the Spanish language and culture community in The Hague, and she is also a key partner to embassies of Spanish-speaking countries, thanks to her engagement in promoting the Spanish language and the culture by organizing countless cultural events attended by hundreds of guests.
Diplomat Magazine congratulates the Hispanic Association for its 100th anniversary and wishes Edith Bergansius many years of success.
To mark the anniversary of 140 years of diplomatic relations between The Netherlands and Romania, and in the context of the official visit to The Netherlands of H.E. Mr. Bogdan Aurescu, Romanian Minister for Foreign Affairs, H.E. Ms. Brândușa Ioana Predescu, Ambassador of Romania in The Hague received a Certificate of Merit in recognition of her outstanding contribution to strengthening Romania’s bilateral ties vis-à-vis the Kingdom of the Netherlands.
Particularly promoting strategic diplomatic engagement, her significant involvement with international organizations, her exceptional performance during the Romania’s presidency of the EU, her support to the Dutch and Romanian communities and in gratitude for her support to the diplomatic community and the media.
In times of restrictions, the symbolic ceremony took place in from of the commemorative plaque dedicated to the memory of the Romanian diplomat Prince Constantin Karadja, born in The Hague in 1889 and in presence of Minister Aurescu and diplomats from the Ministry of Foreign Affairs of Romania and the Embassy of Romania in The Hague.
After a successful completion of four years of a brilliant mission in The Hague, product of tireless efforts to make the voice of Romania heard in the international scenario, the presence and positive influence of Romania grew in every international organization notably OPCW, ICC, ICJ, Eurojust, Europol among others, her cultural program was all about quality and variety reaching out every segment of the Dutch society.
Graduated in Diplomacy and Defence; Predescu started her career as Member of the staff of the Office of the Prime Minister of Romania, followed by a position in the Foreign Affairs Ministry advisory team, from there Ambassador Predescu has been working as a diplomat in the foreign service of Romania for 27 years. During her distinguished diplomatic career, she has served in various diplomatic capacities abroad, both in the bilateral embassies and in permanent missions to international organizations in Vienna, Strasbourg, Berlin, München and Istanbul. While in the Foreign Ministry, she held different positions as head of the directorate for human rights and international organizations (OSCE, Council of Europe, human rights related UN agencies), the directorate for North America, the directorate for Western Balkans, the press and communication department acting at the same time as spokesperson of the Ministry.
She is a graduate of the University of Bucharest, Faculty of Philology, Department of Germanic Studies and of the Vienna Diplomatic Academy. She is also alumni of the Hertie School of Governance of Berlin. Besides Romanian, she is fluent in English, German, French and Dutch. In The Netherlands Ambassador Predescu was an Elected member on behalf of Romania in the Bureau of the Assembly of State Parties to the Rome Statute (ASP – ICC), Co-facilitator on behalf of Romania (together with Australia) of the working group on complementarity of the ASP-ICC and Member in the Bureau of the Group of Francophone Countries in The Hague.
She presented her Letters of credence to HM King Willem-Alexander on 24 August 2016. Ambassador Predescu’s ability to shortening distance, made everyone feel as personal friends. Her energy and enormous capabilities as a diplomat, her passionate and self-motivated personality will be missing. Diplomat Magazine wishes her the continuation of her brilliant career and future success in her professional and personal life.
Certificate of Merit – Ceremony of Merit- Farewell ceremony
Bright, reflexive, more mature than her age, with an extraordinary sense of duty mixed with a highly open personality: Kateryna Denysova, like other sons and daughters of diplomats, really sees the world differently. We met her in The Hague, where her father is posted and where she works as a volunteer in Diplomat Magazine’s Junior Team. This is her story, directly in her words.
Hello! I am Kateryna. I’ve been born and raised in Ukraine, although at the age of 12 I moved to the United States with my parents. It was my first experience living abroad and I have to say that it was fantastic! I got an opportunity to explore another culture and meet different people. I have always been interested in observing how I can adapt to a new setting, which I also plan to keep on doing in the future.
Now that I’m a student, I still can’t imagine my life without exploring new countries. Thus, because of my deep interest in the dynamic nature of the international environment, I chose to enroll in the BA International Studies at Leiden University. Since then, The Netherlands has become my third home. Here there are so many cultures coming together, both in the academic and in the social environment, that you are always stimulated and inspired.
Living in several countries gave me a lot of valuable experience in communicating with people from different cultural backgrounds. What fascinates me the most is learning new languages to be able to communicate with others freely. Therefore, during my stay in the United States, I was able to improve my language skills not only in English, but also in French and Spanish. Currently, in The Netherlands, I’m also learning Dutch with the help of my friends who are native speakers.
Along with my studies, I volunteer in an NGO where I help to establish communications between government officials and the local community. This is a great opportunity to make a difference in the world, even if it is a small contribution. Fascinated by international affairs, in the future I would like to pursue my career in international organizations with a focus on communications and public affairs.
Best of luck for your future enterprises, Kateryna!
Prime Minister Viktor Orbán’s response to George Soros.
MTI-OS – Budapest, December 13, 2020
George Soros is shedding crocodile tears. While this will not return the money that the speculator has stolen from millions of people, families and businesses, it does provide some modest satisfaction. The most corrupt man and network in the world has good reason to be disappointed. Europe has not surrendered; Soros’ grandiose plan has been suspended by the European Council. The spotlight is now on budget resources, the recovery fund, and who has access to what and how. We live in a materialistic world, whether we like it or not, which is why the Union’s funds have so far been kept under strict European supervision by multiple parties in all Member States. The issue here is about something else.
Who will govern Europe in the future? That’s what was really at stake at last week’s meeting. Will Europe be governed by the governments elected by the citizens of Member States and their council, or will Soros succeed in building a new power structure? A network of NGOs disseminating liberal, post-national and post-Christian ideas, along with the mainstream left-wing and right-wing media conveying and reinforcing their ideas; a significant group of MEPs; the Soros envoys brought to the Commission; and a so-called rule of law mechanism linking them all together.
The plan is as simple as it is grandiose. A Soros financial center funding thousands of NGOs, research institutes, analytical workshops and activists who influence the direction of mainstream media. It buys up and links a critical mass of MEPs and puts the people who work for him in key positions at the Commission, such as Timmermans and Jourova. Finally, they push through a piece of legislation that sets political preconditions – gender, migration, an open society, liberal democracy – for Member States to have access to EU funds.
Countries that insist on their national sovereignty, Christian roots and traditional family model, such as Poland and Hungary, must be strung up in this carefully devised noose. And the reluctant, like the better-off Central European countries and the recalcitrant Scandinavians, must be relegated to perform public penance to better understand the essence of liberal reasoning.
Fortunately, at the last minute, European governments came to their senses. They read the country reports on the rule of law, which György Soros and Frans Timmermans dictated to Ms. Jourova. Suddenly, everyone understood that the verdict had already been handed down before the trial and that other trials would take place after Hungary and Poland.
The decision of the European Council last week was an open declaration of opposition to György Soros’ attempt to take power. Political issues cannot be linked to financial issues, subjective criteria cannot be the basis for financial decisions, and the legal procedure laid down in the Treaty of the European Union cannot be circumvented Soros-style. The European Union has maintained its unity and won.
George Soros lost. It would be time for Europeans to finally send him home to America. There is no explanation as to why we Europeans tolerate an American speculator building and buying an EU system of influence with American money. Until European leaders take this last step, we will have to face attempts by him and his people to seize power over and over again. The migration and gender action plans from the Soros workshop are already on the table. It’s high time to put an end to George Soros’ European joy ride.
On Wednesday 9 December 2020, the Ambassador of the Republic of Cameroon to the Kingdom of the Netherlands, H.E. Ms. MadeleineLiguemoh Ondoua, presented her Letters of Credence to the King of the Netherlands, His Majesty Willem-Alexander Claus George Ferdinand.
In prelude to the event that unfolded in solemnity and pomp, the King’s Chamberlain received and led the Ambassador to the palace after the performance of the National Anthem of the Republic of Cameroon and the associated military honours reserved for the occasion. Upon fulfilment of all relevant official and ceremonial requirements, King Willem-Alexander granted an audience to the Ambassador in the course of which they reviewed the state of cooperation between Cameroon and the Netherlands.
A diplomat by profession H.E. Madeleine Liguemoh Ondoua started her career at the Ministry of External Relations in 2005 and in the hierarchical order of the corps she is at the rank of Minister Plenipotentiary. She gained admission into the International Relations Institute of Cameroon (IRIC) in 1994, after obtaining a Bachelor’s degree in Francophone Private Law from the University of Yaoundé II in 1994. At IRIC, she obtained a Professional Master’s degree in 1997, a Diploma of Higher Specialized Studies in 1999 and a Doctorate in International Relations in 2005. From there she was integrated into the Ministry of External Relations as an official in the Department of Information, Documentation and Diplomatic Archives.
With regard to important markers in the evolution of her career she served as an Assistant Research Officer in the Department of Legal Affairs and Treaties from 2006 to 2011 and from 2011 to 2017, she was a Sub-Director in the Department of Cameroonians Abroad. In 2017, the wave of appointments and deployment of Cameroonian diplomats abroad led her to occupy the post of First Counsellor at the Cameroonian Embassy in Berne (Switzerland). Her tenure in this position lasted from 7 November 2017 to 11 September 2020, when she was appointed as Ambassador Extraordinary and Plenipotentiary of the Republic of Cameroon to the Kingdom of the Netherlands.
A trail of capacity building endeavours at home and abroad including training seminars on dispute settlement organised by the World Trade Organization (WTO), IRIC and the Higher Institute of Public Management (ISMP), equally underpin H.E. Liguemoh Ondoua’s career and academic progression.
She has also built a solid foundation on years of social engagement in interprofessional associations and active participation in key projects. She has notably served as Vice-President of the association regrouping Cameroonian female diplomats (Dynamique des Femmes de la Diplomatie Camerounaise, DYFEDCAM) and she was a member of the International Women’s Organisation (IWO) in Uganda. She was the Editor -in-Chief of the journal for Women in Cameroonian Diplomacy “Diploladies” and she served as the President of the Scientific Committee of the first Diaspora Forum (FODIAS) organized by the Government of Cameroon.
Moreover, the mother of two is an awardee of the prestigious Henry Dunant Award issued by Ugandan Red Cross Society in 2002.
The Sultanate of Oman celebrated the 50th Anniversary of its National Day; a première under the novel leadership of His Majesty Sultan Haitham bin Tariq bin Taimur Al Said. The latter took power in January 2020 from the late Sultan Qaboos bin Said bin Taimur, father of the Omani Renaissance.
Sultan Haitham bin Tariq has vowed to ensure the continuation and preservation of the Sultanate by building on his predecessor’s legacy.
His Majesty Sultan Haitham bin Tariq Al Said
His Majesty the Sultan is the Head of State, Chair of the Council of Ministers as well as the Supreme Commander of the Armed Forces. He is the symbol of national unity and the guardian of the preservation, and the protection thereof.
Sultan Haitham was born in Muscat on 11 October 1955. After receiving his elementary education at the Sa’idiyya School in Muscat, he moved abroad to pursue his studies – following the wishes of his late father, Sayyid Tariq bin Taimur Al Said. First, then Sayyid Haitham moved to Lebanon, where he attended Broumana High School. Subsequently he moved to the United Kingdom, where he pursued his secondary studies and attended university at the prestigious University of Oxford.
During his career, Sultan Haitham held a number of important positions, which prepared him to eventually take on the leadership of Oman in January 2020. First, the would-be Sultan became involved in the work of the Omani Ministry of Foreign Affairs, where he reached the crucial position of Secretary General.
Eventually then Sayyid Haitham bin Tariq worked as Minister of Heritage and Culture for nearly 18 years, during which he further approached the grandeur of Omani history, heritage, and culture. In addition, he assumed the chairmanship of several committees, the most important of which was the main committee for the future vision “Oman 2040”.
As a culmination to his successful career, H.M. Sultan Haitham bin Tariq took executive power in Oman on 11 January 2020, succeeding the late Sultan Qaboos bin Said bin Taimur in a smooth transition of power that was appreciated and admired throughout the world. In his first speech after his inauguration as monarch, H.M. Sultan Haitham commended the achievements of his predecessor and pledged to build upon his legacy.
He also affirmed that he would follow the footsteps of the late Sultan in foreign policy, stressing the principles he had set for the Sultanate’s foreign policy based on peaceful coexistence between nations and peoples, good neighbourhood, non-interference in the internal affairs of others, and respect for the sovereignty of states.
Besideshis involvement in politics, H.M. Sultan Haitham has wide interests, including sports. For instance, from 1983 to 1986 he chaired the first Omani Football Association, overseeing the establishment of many organizational aspects in the work of football and sports clubs in the Sultanate. During this time period, the Sultanate hosted the seventh Gulf Cup. His Majesty also chaired the organizing committee of the second Asian Beach Games that the Sultanate hosted in 2010.
Decorations and honours received by His Majesty
During his career, His Majesty Sultan Haitham bin Tariq has received several royal decorations, in the forefront of which was the Order of Alrusoukh (Firmness), which he received from the late Sultan Qaboos bin Said in November 2010, in addition to the Order of Al Said, the Order of Oman and the Order of the Omani Renaissance.
In March 2001 he was also awarded the Decoration of Honour for Services provided by the Republic of Austria, and in December 2006 he received the King Abdul Aziz Sash (First Class). He received an Honorary Knighthood, Grand Cross of the Royal Victorian Order from the United Kingdom in November of 2010.
Oman and The Netherlands
The bilateral relations between the Sultanate of Oman and the Kingdom of the Netherlands are witnessing a close and continuous development at all levels.
This year, His Majesty King Willem-Alexander of the Kingdom of Netherlands paid a visit to the Sultanate and met with His Majesty Haitham bin Tariq, Sultan of Oman. The Dutch monarch presented his condolences on the demise of late Sultan Qaboos bin Said.
His Excellency Sayyid Badr bin Hamad bin Hamoud Al Busaidi, Foreign Minister of Oman, also conducted a virtual conference with His Excellency Stef Blok, Minister of Foreign Affairs of the Kingdom of the Netherlands. Their Excellencies the foreign ministers of both countries discussed most of the bilateral political and economic issues.
Another virtual meeting was performed between several parties in the Sultanate of Oman and the Kingdom of the Netherlands with the participation of Their Excellencies Ambassador Sheikh Dr. Abdullah bin Salim bin Hamed Al Harthi and Ambassador Laetitia van Asch, and a wide number of companies from both countries.
The Sultanate of Oman and the Kingdom of the Netherlands will continue to strengthen their partnership and will work side to side to prosper, widen and deepen cooperation at political, economic and social levels.
Oman is distinguished by its geographical position and its easy access to its neighbours (Asia, Africa and Gulf States) which attracts Dutch Companies to invest in several sectors.
Oman provides enormous opportunities and facilities to all kind of investment. The Sultanate with its unique location offers many chances to expand its economical connections beyond its borders. With that in mind, Oman bids a number of incentives encouraging foreign businesses, such as low tax, cheap energy, skilled labour and land allocation by the Government.
Oman
Foreign Policy and the Future Vision
As soon as he assumed power, in his first nation address, His Majesty Sultan Haitham reaffirmed the permanent stands of the Sultanate’s foreign policy, saying that the Sultanate advocates peaceful co-existence among nations, good neighbourliness and non-interference in the internal affairs of other countries. His Majesty the Sultan moreover stressed that he would follow the footsteps of the late Sultan Qaboos bin Said bin Taimur.
In his allocution, His Majesty the Sultan said, “We shall trace the course of the late Sultan, reaffirming the fundamentals of our country’s foreign policy based on peaceful co-existence with nations, good neighbourliness, non-interference in the internal affairs of others, respect for countries’ sovereignty and international cooperation in various spheres.”
This stance was reaffirmed by the Sultanate’s Government last September in a speech delivered by Foreign Minister Sayyid Badr bin Hamad Al Busaidi before the 75th general assembly of the United Nations. Sayyid Badr said, “His Majesty the Sultan has reaffirmed beyond any doubt that the Sultanate will continue the prudent policy set by the late His Majesty Sultan Qaboos bin Said bin Taimur, Founder of Oman’s Modern Renaissance and architect of its foreign policy and its international relations over the past 50 years.”
In addition, the principles of Omani foreign policy as established in its blessed renaissance espouse dialogue as a means for solving disputes. They also support values of tolerance, justice equality and the settlement of conflicts in accordance with the UN charter and rules of the International Law. This enhanced the Sultanate’s regional and international status and made it a lighthouse of peace and security.
It is worth noting that Omani foreign policy principles are derived from basics of Oman’s centuries-old civilisation and original values of Omani society that indicate a sincere desire to promote humanity and moderation. As a result, the Sultanate is widely accepted as mediator in the international arena.
By Dr Christophe Bernasconi, HCCH Secretary General.
As you read these lines, millions of people are actively engaged in international exchanges or otherwise involved in cross-border situations. Work, business, studies, shopping, travel, relationships – these can all easily be the source of cross-border interactions between people and commercial operators. Even in times of limited mobility, we cross borders, online and offline. This world – our world – is a world of private international law.
The reality of this world is that interconnectivity is more present, and more important, than ever. Yet, interconnectivity across borders also means interaction of different legal systems. The resulting challenges can be inherently complex, giving rise to the need for rules that guide people and commercial operators, pointing them to the applicable legal system and offering effective means of cooperation to overcome the challenges of cross-border legal procedures.
The mandate of the Hague Conference on Private International Law (HCCH) is to unify these rules, so that all across the world, they “point” in the same direction. This provides legal certainty and predictability – key attributes for effective cross-broader commerce, foreign investment and peaceful relations between individuals across borders.
A Rich Tradition of Effective Multilateralism
With its origins dating back to 1893 – the year of the very first “Hague Conference” convened by Tobias Asser – the HCCH is the oldest intergovernmental organisation based in The Hague. It also is the only one with a legislative mandate. And while it may not be well-known to a wider audience, its work has a significant practical impact on people’s lives and on cross-border trade and commerce.
For over 125 years, the HCCH has been a respected forum for effective multilateralism, bringing nations together to develop legal frameworks designed to facilitate cross-border mobility, transactions, and dispute resolution for individuals, families, and companies across the globe.
The HCCH executes its mandate primarily through the negotiation and adoption of international treaties: the HCCH Conventions. These Conventions provide clarity and direction in cross-border relations across three main areas: international family and child protection law, international legal cooperation and transnational litigation, as well as international commercial and financial law.
As an intergovernmental organisation, the steadily increasing HCCH membership is testament to the significance of its work. Membership has almost doubled in the last two decades and today, the Organisation has 85 Members (84 Member States and the European Union), with several States currently in the process of joining. Many non-Members have either signed or become Contracting Parties to one or more HCCH Conventions, meaning that over 150 States are connected to our work worldwide.
By joining HCCH Conventions, States benefit from an extensive legal cooperation network and implement uniform international standards, eliminating the need to independently negotiate hundreds of bilateral agreements. In fact, while globally, there are over 930 instances of an HCCH Convention being brought into force for a State, more than 29,000 bilateral agreements would be needed to achieve an equivalent network of treaty relations. This shows how effective multilateralism through HCCH Conventions can be!
Members determine the work programme of the HCCH and of its secretariat, the Permanent Bureau. Notably, they actively participate in the negotiation of new Conventions, ensuring that the voice of each Member is part of the global dialogue and its interests are taken into account. Members also benefit from priority access to post-Convention assistance, which effectively supports the proper implementation and sound practical operation of the HCCH Conventions.
Committed to regional engagement, the Permanent Bureau has two Regional Offices: the Regional Office for Latin America and the Caribbean, in Buenos Aires, Argentina, and the Regional Office for Asia and the Pacific, in the Hong Kong Special Administrative Region of the People’s Republic of China. The work of these Regional Offices is invaluable in assisting the Organisation to increase its visibility in these regions and to be responsive to their respective needs.
HCCH 125 Anniversary HM King Willem – Alexander and Dr Christophe Bernasconi Photography Sicco van Grieken.
Practical Tools for Modern Times
HCCH Conventions are widely used in practice, most of them several thousands of times each year around the world. In the case of the Apostille Convention, which facilitates the recognition of public documents abroad, it is even millions of times each year. HCCH Conventions thus have a direct, practical impact on peoples’ lives and commercial transactions, effectively benefiting all those involved in cross-border interactions.
HCCH Conventions do not seek to alter substantive domestic laws. They respect legal, cultural, and religious diversity. HCCH Conventions are like bridges, connecting different legal systems while simultaneously ensuring autonomy at the national level. Achieving consensus in developing the Conventions may not always be easy, but the HCCH has a remarkable ability to evolve and adapt to the world around it, engaging with a wide range of dedicated experts, including representatives of government, the judiciary, academia, and the broader legal profession.
Just last year, we saw what the culmination of this work looks like, with the adoption of our most recent international instrument, the HCCH 2019 Judgments Convention. This Convention, dealing with the recognition and enforcement of foreign judgments in civil or commercial matters, fills an important gap in the private international law landscape and is a potential gamechanger for international dispute resolution. It will be essential in reducing transactional and litigation costs in international dealings, ultimately promoting effective access to justice for all and facilitating cross-border trade and commerce.
HCCH Signing of the Final Act of the HCCH 2019 Photography Sicco van Grieken.
The adoption of any Convention is of course a momentous occasion and I was pleased that we were once again able to celebrate the adoption of this Convention in the hallowed halls of the Peace Palace. However, ensuring the effective practical operation of a Convention requires further work – work which I am proud to say is also a key part of what we do at the HCCH. Our post-Convention activities take a variety of different forms, ranging from official meetings for authorities to share experiences and exchange best practices, to the publication of official Handbooks and Guides. By monitoring and supporting their practical operation, the HCCH ensures that its Conventions remain effective and that they keep pace with the latest legal and technological developments.
The events of this year have reinforced the importance of this post-Convention work, with COVID-19 triggering a series of new challenges, not only in everyday life, but in accessing legal and administrative processes. Although the pandemic may have temporarily stifled cross-border movement, we remain individuals in a globalised world and private international law issues abound.
The work of the HCCH is more relevant than ever before, providing valuable assistance in navigating the new reality in which we find ourselves. Our many years of work pioneering the electronic authentication and recognition of public documents under the Apostille Convention has proven essential; the publication of our Guide on the use of video-link under the Evidence Convention proved particularly timely; and the application of the Child Abduction Convention has been at the centre of international family law discussions in times of COVID-19. These Conventions, together with a number of others, including those on intercountry adoption and the recovery of child support abroad, are considered “core” HCCH Conventions.
The pandemic has affected our lives in ways we never expected and it will almost certainly have a lasting impact on our lives in the future. Fortunately, the HCCH Permanent Bureau was well set up to work remotely and our team adjusted quickly to the changes, which allowed day‑to‑day business to continue largely uninterrupted. We will continue our work in fulfilment of our mandate, in particular with a view to finding ways to harness the power of technology as we continue to promote effective access to justice for all and encourage cross-border trade and commerce.
Global Engagement
As mentioned, we live in a world of private international law. Despite the new challenges, cross-border connections and relationships continue to flourish, helped in no small part by technological innovation. If anything, recent world events have served only to underscore the need for legal certainty across borders, and for practical, effective multilateralism – a relatable form of multilateralism that makes a real difference to people’s lives.
The participation of as many countries and regions as possible in the work of the HCCH is central to its operation. With this in mind, universality and inclusiveness were enshrined as pillars of the HCCH Strategic Plan 2019-2022 and as Secretary General, I am proud to say that they remain high priorities for me, personally.
The diplomatic corps plays a key role in our efforts to increase the visibility of the HCCH and to convey our message to the capitals of the world. Being based in The Hague, the city of peace and justice, the HCCH has already had the privilege of engaging with many of the States represented here. Yet there remains a lot of work to be done. It is my hope that we will have the privilege of welcoming many more States to be part of our work in the future and I remain committed to facilitating their involvement, both as Contracting Parties to HCCH Conventions and as Members of the Organisation.
