JURIDICAL AND HUMAN RIGHTS ACTIVITIES
The activities of the Inter-American Juridical Committee, the Inter-American
Commission on Human Rights and the Inter-American Court of Human Rights, summarized in
this chapter, are described in greater detail in the reports that each of those bodies
prepares pursuant to Article 90.f of the Charter of the Organization.
INTER-AMERICAN JURIDICAL COMMITTEE
TOPICS:
The Inter-American Juridical Committee is one of the organs through which the
Organization of American States accomplishes its purposes (Article 52 of the Charter).
Chapter XV of the Charter defines its composition, duties, responsibilities and functions.
The purpose of the Inter-American Juridical Committee is to serve the Organization as an
advisory body on juridical matters; to promote the progressive development and
codification of international law, and to study juridical problems associated with the
integration of the developing countries of the hemisphere. The Committee has its
headquarters in Rio de Janeiro. It consists of 11 jurists who are nationals of the member
States and who are elected by the General Assembly. Vacancies that occur for reasons other
than the normal expiration of the terms of the members of the Committee are filled by the
Permanent Council.
The Committee held two sessions in 1994, the first in January and the second in
August. It also held the Twenty-first Course on International Law, organized in
cooperation with the Secretariat for Legal Affairs of the OAS.
First regular session
- The agenda for the Juridical Committee's first regular session included topics resulting
from mandates received from the General Assembly and the Permanent Council. The Committee
approved reports and adopted resolutions on those topics: implementation of the
"Enterprise for the Americas" Initiative, especially the issues of facilitating
international action by individuals and corporate entities and of establishing a body of
basic principles essential to regulation of the securities markets; update of the document
on the development of environmental law in the Americas; study of the legal dimensions of
integration, particularly the methods for settling disputes in the subregional integration
and free trade systems; enhancement of the administration of justice: facilitating access
to the courts, human rights and delayed justice, protection of and guarantees for judges
and attorneys practicing their profession; peaceful settlement of disputes; freedom of
information; human rights and the principle of non-intervention; the legal approach to
corruption in the Americas; democracy in the inter-American system, and the legal aspects
of the external debt.
- In its resolution on the "Methods for settling disputes in the integration and
free-trade systems", the Committee resolved to continue to conduct special studies on
this issue and decided to do a study analyzing and comparing the conflict-resolution
systems and to prepare recommendations on how best to improve them, and on the
advisability of developing procedures for settling disputes in those integration systems
where such procedures would be useful.
- The Committee forwarded to the Permanent Council its report on the modernization of
environmental law in the Americas and created a working group to further the studies into
the regulation and oversight of securities markets in the hemisphere.
Second regular session
- At its second session, the Committee discussed and approved a number of reports and
resolutions. It took up the reports presented by the respective rapporteur on the methods
used to settle disputes in the Central American Integration System (SICA), in the Latin
American Integration Association (ALADI), in CARICOM and in the Group of Three. It decided
to combine these studies with those already presented on MERCOSUR and NAFTA to prepare a
document highlighting analogies, similarities and possible differences among the various
integration systems in the region.
- It also took up the report on Democracy in the Inter-American System and forwarded it to
the Secretary General, noting that the report illustrates that the body of international
rules and regulations on this subject is so progressive that it is a real tribute to the
Organization of American States and raises issues that, given the development of
international law, are of great interest to the Committee and to other competent bodies of
the Organization.
- The Committee examined the Report on the various procedures that the OAS and the UN
offer for settling differences, as well as observations and suggestions as to the
relevance and application of the Pact of Bogota.
- As for the "Enhancement of the Administration of Justice in the Americas", the
Committee examined the "Report on the protection of and guarantees for judges and
attorneys practicing their profession" and made recommendations to various organs of
the Organization.
Course on International Law
- Organized by the Inter-American Juridical Committee in cooperation with the General
Secretariat and the Getulio Vargas Foundation, the XXI Course on International Law was
held during the second session. Fellows from almost all the member countries participated.
- The professors lectured on the following topics of international law, international
relations and the inter-American system: CIDIP-V; the law of the sea; the United Nations
Conference on Fish Populations; international environmental law; new aspects of
international economic law; the inter-American system and the protection of democracy; the
Uruguay Round and the prospects for international trade; controlling legal status and
settling conflicts in ALADI; the present status of codification on international
liability; international jurisdiction; refuge and repatriation; general conditions that
apply to contracts; the links between business and the State; reservations to treaties;
the recent activity of the International Court of Justice; international humanitarian law;
legal aspects of the foreign debt. The students, in turn, set up two working groups: the
first on cooperative relations between the OAS and the United Nations in the wake of the
Cold War, and the second on humanitarian law and nonintervention.
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