OEA/Ser.P
AG/RES. 1772 (XXXI-O/01)
5 June 2001
Original: Spanish
ANNUAL REPORT OF THE INTER-AMERICAN JURIDICAL COMMITTEE
(Resolution adopted at the third plenary session, held on
June 5, 2001;
subject to review by the Style Committee)
THE GENERAL ASSEMBLY,
HAVING SEEN the observations and recommendations of the
Permanent Council on the Annual Report of the Inter-American
Juridical Committee (AG/doc.3463/01) and the presentation of the
report by the Chair of the Juridical Committee, Dr. Joćo
Grandino Rodas; and
CONSIDERING:
That Article 54.f of the Charter of the Organization of
American States establishes that one of the powers of the
General Assembly is to consider the observations and
recommendations presented by the Permanent Council, in
accordance with Article 91.f of the Charter, on the reports of
the organs and entities of the Organization;
That Article 53 of the OAS Charter establishes the
Inter-American Juridical Committee as one of the organs of the
Organization; and
That the Inter-American Juridical Committee presented its annual
report to the Permanent Council, which has submitted its
observations and recommendations thereon to the General
Assembly,
RESOLVES:
1. To welcome the report from the Inter-American Juridical
Committee (CJI) and to forward to the Committee the observations
and recommendations made by the Permanent Council of the
Organization on its annual report.
2. To express its satisfaction with the work of the
Inter-American Juridical Committee in dealing with the priority
concerns of the Organization in the area of law and, especially,
to recognize the support the Committee provides to the General
Assembly, the Permanent Council, and that Council's Committee on
Juridical and Political Affairs in preparing the studies
requested of it.
3. To thank the Inter-American Juridical Committee for
presenting document CJI/RES. 18, "Draft Legislative Guide
on Medical-Assisted Fertility," and to request that it
further study all human rights and biomedicine-related aspects,
with a view to presenting a report on the status of
international law governing the matter.
4. To thank the Inter-American Juridical Committee for
presenting the document "Study of the Rights and Duties of
the States under the 1982 U.N. Law of the Sea Convention: an
unofficial guide" (CJI/doc.48/99 rev. 3).
5. To take note of the decision by the Inter-American
Juridical Committee to make democracy in the inter-American
system one of its priorities and, in particular, its decision to
verify the existence of international legal provisions in the
Americas that stipulate that democracy is a right and an
obligation and, in this context, to request that the Committee
prepare a report on the matter.
6. To request the Inter-American Juridical Committee to
initiate studies for the design of the agenda and topics of the
next Inter-American Specialized Conferences on Private
International Law (CIDIP) in order to promote the development of
private international law in the inter-American system and to
present its proposal during the next Specialized Conference (CIDIP-VI)
to be held in Guatemala in November 2001.
7. To request the Inter-American Juridical Committee to
continue studying the different aspects of the enhancement of
the administration of justice in the Americas, focusing its
efforts at this time on the subject of the access of individuals
to justice, maintaining the necessary coordination and the
highest possible degree of cooperation with other organs,
agencies, and entities of the Organization that work in this
area, especially with the Justice Studies Center of the
Americas, based in Santiago, Chile.
8. To take note of the studies conducted by the
Inter-American Juridical Committee on legal aspects of
hemispheric security and to request that it continue to
contribute to the work of the Permanent Council Committee on
Hemispheric Security, as requested.
9. To request the Inter-American Juridical Committee to
pursue its studies on the subject of the legal dimension of
integration and of international trade, to limit that study to
the subject of competition law and the different forms of
protectionism in the Americas, and to conduct a preliminary
comparative analysis of existing laws and regulations on
competition or protectionism in member states, in such a way as
to include a document on the subject in its next annual report,
bearing in mind the efforts already under way in the
Organization and in other international institutions.
10. To welcome the decision of the Inter-American Juridical
Committee to hold its 58th regular meeting in Ottawa, Canada,
from March 12 through 23, 2001, and to recommend holding future
regular meetings in other member states, in accordance with
Article 105 of the Charter, so as to publicize more widely and
bring about a greater awareness of the work of the Committee,
bearing in mind that any regular meetings that the
Inter-American Juridical Committee decides to hold away from its
headquarters must be funded by that Committee's regular budget.
11. To reiterate that it is necessary to bring the
Inter-American Juridical Committee into closer rapport with the
political bodies of the Organization, especially with the
Permanent Council's Committee on Juridical and Political Affairs
and, in this regard, to call upon the Chair of the Juridical
Committee and the rapporteurs of the various topics that have
been included on its agenda, to meet with that Committee
whenever it so requests.
12. To encourage the Inter-American Juridical Committee to
continue to promote regularly the holding of joint meetings with
the legal advisors at the Ministries of Foreign Affairs of OAS
member states, especially on the occasion of the holding of
their meetings at the Organization's headquarters.
13. To underscore once again the importance of holding the
course in international law organized each year by the
Inter-American Juridical Committee and the OAS General
Secretariat as a contribution to a better understanding and
increased publicity of legal topics in the inter-American
system, and to support all efforts to make possible the
increased presence of professors and a greater number of
students receiving fellowships from all of the subregions in the
course, and to urge member states to bear in mind the
possibility of defraying the costs of participation by national
students and professors in it.
14. To support an information system through which the
Organization may disseminate to the region's universities its
expertise in the area of international law.
15. To take note of the agenda adopted by the Inter-American
Juridical Committee for its next regular meeting and recommend
that it focus its efforts on the topics indicated to be of
priority interest to the Organization, bearing in mind the
observations made by the member states on the presentation of
its report, and include the agreements and decisions adopted by
the General Assembly that are related to its area of competence.
16. To underscore the need to provide the Inter-American
Juridical Committee with the administrative and budgetary
support required to address adequately the current
inter-American legal agenda and to make the appropriate
recommendations.
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