The Benelux Uniform Law on Private International Law

Abstract

On July 3, 1969, a treaty was signed in Brussels by the governments of Belgium, Luxembourg, and the Netherlands, entitled, Treaty Concerning a Uniform Law on Private International Law.' The Treaty contains in appendix a Uniform Law on Private International Law, which the Parties undertake to enact as part of their domestic law.2 The Uniform Law's provisions become law of general application; that is, they will not be restricted in their application to Benelux relations.3 Thus the outer world has a direct interest in the Treaty which becomes effective six months after it has been ratified by all three States.4 Treaty and Uniform Law are in Dutch and French; an English translation prepared by the present writer appears at the end of this paper. This Comment is designed to give background information on the venture but also makes some general remarks concerning the desirability of the codification of rules of conflicts. The three governments involved have published a supporting Joint Memorandum with comments on the articles of the Treaty and the Uniform Law. While Treaty and Uniform Law stand on their own, the official comments must be consulted for questions of construction. They will be referred to where proper.