THE HAGUE CONVENTION 2005 AND BOSNIA AND HERZEGOVINA
THE HAGUE CONVENTION 2005 AND BOSNIA AND HERZEGOVINA
Author(s): Jasmina AlihodžićSubject(s): Constitutional Law, International Law
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: the Hague Convention on Choice of Court Agreements; PIL Act; Bosnia and Herzegovina; exclusive choice of court agreement; recognition and enforcement;
Summary/Abstract: In October 2015, the Hague Convention on Choice of Court Agreements from 2005 entered into force. By comparing the relevant provisions of the Hague Convention 2005 with the corresponding provisions on choice of court agreements from Private International Law Act in Bosnia and Herzegovina (hereinafter: PIL Act BH), the author points out most of the shortcomings of the existing legislative solutions in BH, as well as the benefits that BH would certainly achieve had it made accession to the Hague Convention 2005. The later does not apply only to substantially improving the existing legislative solutions, but also to the fact that with accession to the Convention, BH would also fulfill its obligations under the Stabilization and Association Agreement in terms of harmonization of respective legislation with the relevant part of the acquis communautaire.
Journal: Anali Pravnog fakulteta Univerziteta u Zenici
- Issue Year: 9/2016
- Issue No: 18
- Page Range: 93-113
- Page Count: 21
- Language: English