The Hague Conference on Private International Law had in 1961 in its Apostille Treaty or Apostille Convention abolished the Requirement for Legalization for Foreign Public Documents. The modalities through which the document is issued by a signatory country can be certified for legal purposes in all other signatory states are specified in the convention. Such a Certification is called an Apostille in French. Once you have this international certification, it suplements the local notarization of the document under a domestic law. What are these public documents? Birth Certificates, Death Certificates, Police Clearance Certificates, Academic Certificates, Marriage Certificates & Divorce Certificates and etc. Papua New Guinea is not a signatory to the convention. Therefore what does a country which is not a signatory to the convention deal with the public documents of its citizens to be certified for use in a foreign country? States that have not signed the Convention must specify how foreign legal documents can be certified for its use. Two countries may have a special convention on the recognition of each others public documents, but in practice this is infrequent. Otherwise, the document must be certified by the foreign ministry of the country where the document originated and then by the foreign ministry of the government where the document will be used; one of the certifications will often be performed at an embassy or consulate. In practice this means the document must be certified twice before it can have legal effect in the receiving country. For example, as a non-signatory, Canadian documents for use abroad must be certified by the Deputy Minister of Foreign Affairs in Ottawa or by a Canadian consular official abroad and subsequently by the relevant government office or consulate of the receiving state. ISSUES OF CONFLICTS OF LAW IN PRIVATE INTERNATIONAL LAW
Posted on: Thu, 06 Mar 2014 11:11:14 +0000
Recently Viewed Topics
© 2015