CP/RES. 815 (1318/02)

ASSIGNMENT TO THE INTER-AMERICAN JURIDICAL COMMITTEE OF THE CIDIP TOPIC REGARDING THE APPLICABLE LAW AND COMPETENCY OF INTERNATIONAL JURISDICTION WITH RESPECT TO EXTRACONTRACTUAL CIVIL LIABILITY

THE PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES,

HAVING SEEN the Report of the Permanent Council on the Sixth Inter-American Specialized Conference on Private International Law (CIDIP-VI) (CIDIP-VI/doc.24/02 rev. 2);

TAKING INTO ACCOUNT that the Sixth Inter-American Specialized Conference on Private International Law (CIDIP-VI), in discussing the agenda item "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," decided, in resolution CIDIP-VI/RES. 7/02, to continue its work on the subject;

CONSIDERING that, under that CIDIP-VI resolution, it was also agreed to adopt, as a basis for considering an international instrument on applicable law and competency of international jurisdiction with respect to extracontractual civil liability, the following guidelines:

a.     The Inter-American Specialized Conference on Private International Law acknowledges the need to consider regulation of applicable law and competency of jurisdiction with respect to extracontractual civil liability. Therefore, the Conference is in favor of conducting a preliminary study to identify specific areas revealing 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 the aforementioned subject matter as proven to be relevant and are likely to be broadly accepted.

c. As regards the issues to be analyzed, the Conference recognizes the advisability of contemplating the reasonable expectation of plaintiffs that they will be able to sue before forums that are accessible and have a legal system in their favor, 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.

CONSIDERING also that, in resolution CIDIP-VI/RES.7/02, the Sixth Inter-American Specialized Conference on Private International Law acknowledged the need for the participation of other bodies of the Organization in the consideration of this topic, and requested the Permanent Council to entrust the Inter-American Juridical Committee with this task; and

BEARING IN MIND that, pursuant to Article 99 of the Charter of the Organization, the purpose of the Inter-American Juridical Committee is to serve the OAS as an advisory body on juridical matters; to promote the progressive development and the codification of international law; and to study juridical problems regarding the integration of developing countries of the Hemisphere, and the possibility of attaining uniformity in their legislation,

RESOLVES:

1.     To instruct the Inter-American Juridical Committee to examine the documentation on the topic regarding the applicable law and competency of international jurisdiction with respect to extracontractual civil liability, bearing in mind the guidelines set out in CIDIP-VI/RES.7/02.

2.     To instruct the Inter-American Juridical Committee to issue a report on the subject, drawing up recommendations and possible solutions, all of which are to be presented to the Permanent Council as soon as practicable, for its consideration and determination of future steps.