Jonathan Harris, The Hague Trust Convention. Scope, Application and Preliminary Issues, Oxford – Portland Oregon, Hart Publishing, 2002, 529 pp.

Abstract

This book is the first monograph published in England devoted to a detailed analysis of the Hague Convention on the Law Applicable to Trusts and on their Recognition, concluded in The Hague on 1 July 1985. It is divided into two parts. The first one deals with the private international law rules concerning the creation of transnational trusts. This part is also named “Launching the Rocket.” In doing so the author refers to the image of the rocket-launcher and the rocket regularly invoked in relation to transnational trusts. As indicated by the author, the former concerns those preliminary matters necessary for creation of the trust, such as the capacity of the settlor to dispose of his property on trust. The latter governs matters affecting the trust once it has come into existence, such as the role of the trustee, the administration of the trust and the relationship between the trustee and the beneficiary; those matters are essentially covered by the Hague Trust Convention. In using the image of the rocket-launcher and the rocket, it is made clear that the subject-matter dealt with by the Hague Convention does not have to be taken into consideration if the pre-conditions for the formation of a trust are not satisfied. In other words, the rocket is not considered if it is not correctly launched. Indeed, each contracting State bound by the Hague Trust Convention has to apply its own national conflict of law rules to determine whether the rocket was succesfully launched (p 3).