Netherlands International Law Review


The Hague Conference and Dutch Choice of Law: Some Criticism and a Suggestion

Th. M. de Boer*

For one hundred years, the Netherlands has been the host country of the Hague Conference on Private International Law. The Dutchman Tobias Asser—attorney, Professor of law at the University of Amsterdam, diplomat, and an indefatigable proponent of international legal cooperation—was not only one of its founders, but also chairman of the first four conferences in 1893,1894,1900 and 1904. He was succeeded by B.C.J. Loder, a former member of the Dutch Hoge Raad (Supreme Court), who was chairman in 1925 and 1928. Since then, all of Asser's successors have been prominent Dutch conflicts scholars: J. Offerhaus, L.I. de Winter and J.C. Schultsz. In this light, it would be surprising if the conventions created by the Hague Conference had no impact on the development of Dutch private international law, or, conversely, if Dutch conflicts theory had not influenced the debates in the Peace Palace.


* Member of the Board of Editors.