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HCCH Monthly Update: April 2021

On 14 April, the Working Group on the Practical Handbook on the Operation of the 2000 Protection of Adults Convention met for the first time. Comprised of experts with experience in the operation or implementation of the 2000 Protection of Adults Convention, the Working Group will meet via videoconference every two weeks, between 14 April and 23 June, in order to continue the development of a draft Practical Handbook on the operation of the Convention. More information on the 2000 Protection of Adults Convention is available here.

On 20 April, the Permanent Bureau announced the launch of the Legal Guide to Uniform Instruments in the Area of International Commercial Contracts, with a Focus on Sales, a joint publication of the Secretariats of UNCITRAL, UNIDROIT and the HCCH. The Legal Guide offers an overview of the principal legislative texts prepared by each organisation and illustrates how these texts interact to achieve the shared goals of predictability and flexibility. It is intended as a user-friendly resource for those interested in the adoption, application, and interpretation of uniform contract law. More information is available here.

On 22 April, the HCCH participated in the online international seminar “The Practical Operation of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, organised by the German Foundation for International Legal Cooperation (IRZ) and the Ministry of Education and Science of the Republic of Kazakhstan. The seminar was attended by more than 100 participants from Germany, Kazakhstan and Turkey. This event was a follow-up to the seminar on the HCCH 1980 Child Abduction Convention held on 9 December 2020. The recording of the seminar is available here.

On 29 April, Professor William Duncan, former Deputy Secretary General of the HCCH, received an honorary doctorate from Trinity College Dublin, the highest form of recognition from the College. This honour follows his Presidential Distinguished Service Award for the Irish Abroad in November 2020 and is a further tribute to Professor Duncan’s life-long contribution to academic research, law reform, and children’s rights both in Ireland and abroad. On behalf of the HCCH, the Permanent Bureau congratulates Professor Duncan on being awarded this prestigious honour.

Vacancy: The HCCH is currently seeking a(n) (Assistant) Legal Officer. The deadline for the submission of applications is this Sunday, 2 May 2021 (00:00 CEST). More information is available here.

These monthly updates are published by the Permanent Bureau of the Hague Conference on Private International Law (HCCH), providing an overview of the latest developments. More information and materials are available on the HCCH website.

The Changing Global Landscape for Foreign Judgments: Lecture by Professor Yeo Tiong Min on 6 May 2021

Professor Yeo Tiong Min, SC (honoris causa) will be delivering the Yong Pung How Professorship of Law Lecture 2021 on Thursday, 6 May 2021, 5:00 to 6:00 pm (Singapore time). The title of the talk is ‘The Changing Global Landscape for Foreign Judgments.’ The synopsis is as follows:

There have been significant advances in the global landscape for the recognition and enforcement of foreign judgments in recent years. The two most significant international developments have been the coming into force in 2015 of the 2005 Hague Convention on Choice of Court Agreements, and the completion in 2019 of the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. Singapore has responded to the global environment, in bringing the former Convention into force under Singapore law in 2016, and in making extensive amendments to the Reciprocal Enforcement of Foreign Judgments Act in 2019. 2020 also saw the publication of the second edition of the Multilateral Memorandum on Enforcement of Commercial Judgments for Money by the Standing International Forum of Commercial Courts and the Asian Principles for the Recognition and Enforcement of Foreign Judgments by the Asian Business Law Institute. The lecture will review these and other developments and their implications for Singapore law.

The webinar is free of charge. Further details and the link for registration may be found here.

Trade, Law and Development: Call for Submissions

Posted at the request of Sahil Verma, Managing Editor, Trade, Law and Development

Special Issue on Trade and Technology: Rebooting Global Trade for the Digital
Millennium
Issue 13.1 | Summer’21

Founded in 2009, the philosophy of Trade, Law and Development has been to generate and
sustain a constructive and democratic debate on emergent issues in international economic law
and to serve as a forum for the discussion and distribution of ideas. In keeping with these ideals,
the Board of Editors is pleased to announce “Trade and Technology: Rebooting Global Trade for the
Digital Millennium” as the theme for its next Special Issue (Vol. XIII, No. 1).

The WTO framework emerged out of the requirement to promote comparative advantages of
countries in the post-Industrial Revolution era. However, the developments that followed via
Ministerial Conferences, Council discussions and Appellate Body Reports have not moved away
from the traditional methods of trading involving brick-and-mortar factories, recognised fiat
currency, etc. With the unstoppable growth in digital innovation and dense proliferation of the
Internet and ICTs, International Economic Law and its framers must go back to the negotiating
table to chalk out a novel framework relevant for the new digital millennium.

E-Commerce emerged as the virtual marketplace connecting consumers to sellers across borders.
Artificial Intelligence (AI) holds enormous potential to solve efficiency deficits in manufacturing,
public health and education. 3D Printing is expected to meet demand shortages of essentials like
hearing aids. Blockchain and Digital Currencies could change payments and banking services as
we know it along with possible implications for trade finance opportunities. This Issue aims to
foster stimulating discussions on what these developments mean for trade as we know it.

In addition to these developments, the COVID-19 outbreak provides strong impetus for
countries to relook their digital trade and investment policies as reliance on digital resources
increase. While some steps have been taken to include digital technologies in regional trade
agreements, a more comprehensive and cohesive framework is yet to emerge in this regard.

Moreover, given the significance of these issues, governments across the world have begun
implementing rules and regulations for data privacy, cyber security, etc. The differences across
regulatory regimes could cause problems as to their interoperability across countries. The impact
of these regulations on the international trade level is yet to be seen.

An illustrative list of areas under the theme that authors could write upon are:

E-commerce
Artificial Intelligence Summer, 2021
Vol. XIII, No. 1
Implications for Trade Facilitation
Blockchain
Data Protection and Security
Competitiveness and Digital Taxation
Digital Divide between Advanced Economies and Developing World
Impact on Investment
Trade Policy
Implications for Gender Equality

These sub-issues are not exhaustive, and the Journal is open to receiving submissions on all
aspects related to Trade and Technology and its impact on the global trading system. This special
issue, currently scheduled for publication in Summer 2021, will provide an ideal platform to
deliberate on such issues related to trade and technology. Accordingly, the Board of Editors
of Trade, Law and Development is pleased to invite original, unpublished manuscripts for the
Special Issue on Trade and Technology: Rebooting Global Trade for the Digital Millennium for publication
as ‘Articles’, ‘Notes’, ‘Comments’ and ‘Book Reviews’.

Manuscripts may be submitted via e-mail or ExpressO.

In case of any queries, please feel free to contact us at: editors[at]tradelawdevelopment[dot]com.