Nasrin Qahtan Abdul Razzaq-researcher and academic
This research paper discussed the pros and cons of joining The Hague Convention on private international law in a comprehensive and concise manner, while presenting a set of proposed recommendations at a time when Iraq is seeking to regulate various international relations by developing unified international legal rules as other countries seeking to join The Hague Convention, which is the result of serious attempts and initiatives towards the unification of international provisions, both at the global level، These efforts culminated in the signing of the statute of The Hague Conference in 1995, which came up with unified rules for various topics, including private international law, as it dealt with topics, most notably child support, their protection, adoption, parental responsibility, as well as intellectual property, and the proposal of Iraq’s accession to this convention may be subject to many criticisms, it is necessary to indicate the positive aspects of Iraq’s accession to this convention, and the negative side that may appear.
The first axis: The Hague Convention of 1996 on the jurisdiction, applicable law, recognition, implementation, and cooperation in the field of parental responsibility, and measures for the protection of children of October 19, 1996.
Based on the requirements for the protection of children in situations of an international character, and the desire of states to avoid conflicts that may arise, this convention sets out international guarantees concerning the article of jurisdiction, the applicable law, the recognition of child protection measures, and ensure their implementation by establishing common and unified foundations for states to ratify it, taking into account the supreme interest in the protection of children.
Objectives of the convention:
To identify the competent state as the holder of authority about actions related to the child, his protection, as well as the applicable law.
Determine the applicable law on parental responsibility.
Ensure recognition of the decisions and actions of all ratifying states of the treaty.
Concerns associated with the ratification of the convention and its proposed solutions:
The Iraqi legislator fears that the provisions of this agreement may affect the sovereignty of Iraq, by accepting the application of international texts that may seem at first glance contrary to what is prevailing in Iraq, but the reality makes the legislator face an urgent need to find international uniform rules, as Article (8) of The Hague Convention of 1996 allowed the competent state to grant authority to another state, if the latter is better able to achieve the best interest of the child, especially in our current time, which has witnessed an increase in cases of marriages with a foreign element, and the effects of these special relations; which requires a period of a long time of legal proceedings in determining the applicable law in all private relations، However, the ratification of The Hague Convention, which contains unified international clauses that define unified objective rules for all member states in a way that avoids differences in the rules of conflict.
Some items may contradict the internal law or the Iraqi constitution, and what is the position of the National judge Does he apply the provisions of the international treaty or the application of domestic law Does the judge observe the hierarchy of legal norms This raises Iraqi legislative and political concerns, and we find the subject of ratification that will make the convention a source of private international law, the relationship between domestic law and the convention must be an integrative relationship and not a contradiction, as the main objective of the convention is to unify the rules of the dispute, for example, The Hague treaty on the unification of some rules of، The Will aims to unify objective rules, such as the Vienna Convention on the international sale of goods of 1980, the treaty that unified the law applicable to industrial property at the Paris conference, and literary and industrial property, by giving the solution directly without going through the rules of attribution according to one of the techniques and methods of resolving special international disputes.