Sixth Inter-American Specialized Conference on Private International Law    
Final Act (Vol. I)

Resolutions Adopted
CIDIP-VI/RES. 8/02
STANDARDIZED COMMERCIAL DOCUMENTATION FOR INTERNATIONAL TRANSPORTATION, WITH SPECIAL REFERENCE TO THE 1989 INTER-AMERICAN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD, WITH THE POSSIBLE INCORPORATION OF AN ADDITIONAL PROTOCOL ON BILLS OF LADING
(Adopted at the third plenary session on February 8, 2002)

THE SIXTH INTER-AMERICAN SPECIALIZED CONFERENCE ON PRIVATE INTERNATIONAL LAW,  

CONSIDERING:  

That, pursuant to the agenda adopted by the General Assembly of the Organization of American States [AG/RES. 1613 (XXIX-O/99)], it was agreed to include for CIDIP-VI the topic “Conflicts of Laws on Extracontractual Liability, with an Emphasis on Competency of Jurisdiction and Applicable Law with Respect to Civil International Liability for Transboundary Pollution”; and 

 That addressing this topic requires the participation of other bodies of the Organization and, in particular, that of the Inter-American Juridical Committee, an organ whose purpose is to promote the progressive development and codification of international law,  

RESOLVES:  

1. To continue work on the subject and, in particular, to adopt the following guidelines, inter alia, to be taken into account in considering an international instrument on applicable law and competency of international jurisdiction with respect to extracontractual civil liability:  

a. The Inter-American Specialized Conference on Private International Law acknowledges the need to consider regulation of applicable law and competency of international jurisdiction with respect to extracontractual civil liability.  Therefore, the Conference is in favor of conducting a preliminary study to identify specific areas indicating the progressive development of regulation in this field through conflict of law solutions, as well as a comparative analysis of national norms currently in effect. 

b. That study may refer to such areas of this subject matter as prove to be relevant and may be generally accepted.  

c. As regards the issues to be analyzed, the Conference recognizes the advisability of contemplating the reasonable expectation of plaintiffs to sue before forums that are accessible and have a favorable legal system, as well as the reasonable expectations of defendants not to be sued and judged before forums or by laws lacking a reasonable connection with the subject of the suit or with the parties.  

2. To request the Permanent Council to entrust theInter-American Juridical Committee with examining thedocumentation on the subject and, bearing in mind theforegoing guidelines, with issuing a report, and drawing uprecommendations and possible solutions, all of which are to bepresented to a meeting of experts.  

3. To request the General Assembly to convene a meeting ofexperts to consider, on the basis of the IJC report, thepossibility of preparing an international instrument on thematter, to be presented to the OAS General Assembly at itsregular session in 2003.