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OEA/Ser.G
CP/RES. 960 (1714/09)
16 September 2009
Original: Spanish
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CP/RES. 960 (1714/09)
DRAFT RULES OF PROCEDURE OF THE SEVENTH INTER-AMERICAN
SPECIALIZED CONFERENCE ON PRIVATE INTERNATIONAL LAW (CIDIP-VII)
(Adopted at the meeting of September 16, 2009)
THE PERMANENT COUNCIL OF
THE ORGANIZATION OF AMERICAN STATES,
HAVING SEEN the Report of the Committee on Juridical and Political
Affairs on the Draft Rules of Procedure of the Seventh Inter-American
Specialized Conference on Private International Law (CIDIP-VII); and
CONSIDERING that through resolution AG/RES. 1923 (XXXIII-O/03) on the
convocation of the Seventh Inter-American Specialized Conference on
Private International Law, the General Assembly requested the General
Secretariat to prepare the technical and information documents that
might be necessary to facilitate the preparation of CIDIP-VII, as it had
done for previous specialized conferences on Private International Law,
RESOLVES:
To transmit the attached draft Rules of Procedure of CIDIP-VII to the
Seventh Inter-American Specialized Conference on Private International
Law for final approval:
RULES OF PROCEDURE FOR THE SEVENTH INTER-AMERICAN SPECIALIZED CONFERENCE
ON PRIVATE INTERNATIONAL LAW
I. NATURE AND PURPOSE OF THE CONFERENCE
Article 1. The Seventh Inter-American Specialized Conference on Private
International Law, convened by the General Assembly of the Organization
of American States through resolution AG/RES. 1923 (XXXIII-O/03), is an
Inter-American Specialized Conference, in conformity with the provisions
of Article 122 of the Charter of the Organization and resolution AG/RES.
85 (II-O/72) of the General Assembly, which establishes the Standards
for Inter-American Specialized Conferences.
Article 2. The Conference is meeting to consider the topics listed on
the draft agenda approved by the Permanent Council of the Organization,
the draft conventions and other documents prepared by the Inter-American
Juridical Committee, and the studies, proposals, and draft international
instruments presented by the member states on topics on the agenda, and
to incorporate the results in international conventions or in such other
instruments as it might deem appropriate.
II. PARTICIPANTS
Article 3. The governments of the member states of the Organization may
accredit delegations to the Conference. The delegates must be accredited
by the Ministry of Foreign Affairs of the individual country, and to
sign the conventions the Conference approves, the heads of delegation
must have full powers.
Article 4. The governments may also accredit advisers with the power to
participate in the deliberations.
Article 5. The Secretary General of the Organization or the
representative whom he designates shall participate with voice but
without vote in the Conference, as provided in Article 110 of the
Charter of the Organization.
Article 6. A representative of the Inter-American Juridical Committee
may participate in the Conference, with voice but without vote.
Article 7. The governments of those states that have been accorded
permanent observer status may accredit observers to the Conference in
accordance with the provisions of the resolutions of the General
Assembly and the Permanent Council, after informing the Secretary
General, in writing, of their intention to do so.
The following entities may also accredit observers to the Conference:
a. The Inter-American specialized organizations and American regional
intergovernmental agencies;
b. The United Nations and its specialized agencies;
c. International or national organizations that maintain relations of
cooperation with the Organization, or, aside from this case, when the
Permanent Council so decides;
d. The governments of states that are not members of the Organization
and do not enjoy permanent observer status, when such governments
express, in writing, an interest in attending and the Permanent Council
so authorizes.
The General Secretariat shall issue invitations to the international
institutions mentioned in subparagraphs a, b, and c of this article.
Article 8. Persons of recognized competence in the topics to be
considered at the Conference may attend as special guests, when the
Permanent Council or the Conference so decides.
Article 9. The observers and special guests may speak at the sessions of
the Conference or meetings of its committees, when invited by the
President or the corresponding Chairman to do so.
The Chairman of a working group, after consulting its members, may
extend an invitation to participate to any observer or special guest who
might be able to advise said working group during its deliberations.
The General Secretariat shall provide to the participants mentioned in
this Article the official documents of the Conference, except when a
decision has been taken to restrict their distribution.
III. PRESIDENT
Article 10. The government of the host country of the Conference shall
designate a provisional president, who shall serve until the Conference
elects its President.
Article 11. The President of the Conference shall be elected by the vote
of a majority of the accredited delegations.
Article 12. The President shall have the following duties:
a. To preside over the sessions of the Conference and to submit to it
for consideration the matters listed on the order of business;
b. To recognize the delegates in the order in which they request to
speak, and in accordance with these rules of procedure;
c. To decide on points of order that arise in the discussions of the
Conference, without prejudice to the right of the delegations
established in Article 25 of these rules of procedure;
d. To submit to a vote any questions that so require and to announce the
results;
e. Through the Secretariat, to transmit the order of business of the
plenary session to the participants, as far in advance of each session
as possible;
f. To take such measures as he considers appropriate to advance the work
and to see that these rules of procedure are observed.
Article 13. The heads of delegation shall be vice-presidents of the
Conference and shall replace the President in his absence, following the
order of precedence established by lot by the Permanent Council.
IV. SECRETARIAT
Article 14. The General Secretariat of the Organization of American
States shall render technical and secretariat services to the
Conference. These services shall be under the direction of the official
designated for that purpose by the Secretary General of the
Organization.
V. SESSIONS OF THE CONFERENCE
Article 15. The Conference shall hold a preliminary session, an
inaugural session, plenary sessions, and a closing session.
Article 16. Immediately after the inaugural session, the heads of
delegation shall hold a preliminary session with the following order of
business:
a. Agreement on the election of the President;
b. Agreement on the draft agenda;
c. Agreement on the draft rules of procedure;
d. Agreement on the committees and the topics to be assigned to them;
e. Agreement on the membership of the Credentials Committee and of the
Style Committee;
f. Agreement on the maximum time allowed the delegations for presenting
proposals or amendments;
g. Agreement on the approximate duration of the Conference; and
h. Miscellaneous matters.
Article 17. The agreements reached at the preliminary session shall be
formally adopted at the first plenary session.
Article 18. The plenary sessions of the Conference shall be public,
unless it decides otherwise. Meetings of the Credentials Committee and
of the working groups shall also be private unless the body concerned
decides otherwise.
VI. DISCUSSIONS AND PROCEDURES
Article 19. English, French, Portuguese, and Spanish shall be the
official languages of the Conference.
Article 20. A majority of the accredited delegations at the Conference
shall constitute a quorum for plenary sessions. One third of the
delegations forming the committees and working groups shall constitute
the quorum needed for those bodies to meet. Nevertheless, in order for a
vote to be taken, the presence at the session or meeting concerned of at
least a majority of the delegations that are members of those bodies
shall be required.
Article 21. Draft international instruments, proposals for substitutions
or amendments thereto and draft resolutions shall be presented in
writing to the Secretariat by the deadline provided for in subparagraph
f of Article 16, and may not be discussed until twenty-four hours after
they have been distributed to the delegations. Nevertheless, the
Conference of the committee concerned, as the case may be, may, by the
vote of a majority of the delegations accredited to the Conference,
authorize discussion of proposals or amendments that have neither been
presented by the deadline nor distribute in time. Amendments to draft
resolutions may be offered during the discussion of such resolutions.
A proposal shall be considered to be an amendment to a draft only when
it changes said draft. A proposal that would totally replace the
original draft or that is not related to it shall not be considered to
be an amendment.
Article 22. Drafts that institute or recommend activities that have
financial implications for the Organization shall be accompanied by a
cost estimate; the Secretariat shall provide such cooperation as may be
necessary in this regard.
Article 23. A proposal or an amendment may be withdrawn by its proponent
before it has been put to a vote. Any delegation may resubmit a proposal
or amendment that has been withdrawn.
Article 24. For reconsideration of a decision taken in a plenary session
of the Conference, the approval of the corresponding motion by the vote
of two thirds of the delegations accredited to the Conference shall be
required. For reconsideration of a decision taken by a committee or
working group, the approval of the motion by two thirds of the
delegations that are members of those bodies shall be required.
Article 25. During the discussion of a topic, any delegation may raise a
point of order, which shall be decided upon immediately by the President
or the chairman, as the case may be. Any delegation may appeal this
decision, in which case the appeal shall be put to a vote.
While raising a point of order, a delegation may not go into the
substance of the matter under discussion.
Article 26. The President or the chairman, as the case may be, or any
delegation may propose suspension of discussion. Only two delegations
may speak in favor of and two against, such a motion, which shall be put
to a vote immediately.
Article 27. The President or the chairman, as the case may be, or any
delegation, when he or it considers that a topic has been discussed
sufficiently, may propose that the discussion be closed. Only two
delegations may speak in favor of, and two against, the motion, and it
shall be put to a vote immediately.
Article 28. During any discussion, the President or the chairman, as the
case may be, or any delegation may propose that the session or meeting
be suspended or adjourned. Such a motion shall be put to a vote
immediately and without discussion.
Article 29. Decisions on the matters dealt with in articles 25, 26, 27,
and 28 shall be taken by the vote of a majority of the delegations
present.
Article 30. Except as provided in Article 25, the following motions
shall have precedence over other motions or proposals, in the order set
forth below:
a. Suspension of the session;
b. Adjournment of the session;
c. Suspension of discussion of the topic under consideration;
d. Close of discussion of the topic under consideration.
Article 31. The provisions contained in Articles 19, 22, 23, 25, 26, 27,
28, 29, and 30 shall govern the plenary sessions and the meetings of the
committees and working groups.
VII. VOTING
Article 32. Each delegation shall have the right to one vote.
Article 33. In plenary sessions and committee meetings, decisions shall
be adopted by a majority vote of the delegations accredited to the
Conference. Such a majority vote shall also be required to amend these
Rules of Procedure.
Article 34. In the working groups, decisions shall be taken by the vote
of a majority of the delegations present.
Article 35. Votes shall be taken by a show of hands, but any delegation
may request a roll-call vote, which shall be taken beginning with the
delegation of the country whose name shall be drawn by lot by the
President or the chairman, as the case may be, and continuing in the
order of precedence of the delegations.
No delegation may interrupt the voting, except for a point of order
relating to the manner in which it is being conducted. The voting shall
be considered terminated when the President or the chairman, as the case
may be, has announced the results.
Article 36. Amendments intended to replace or alter a specific proposal
on a draft convention or draft resolution shall be put to a vote before
a vote is taken on the proposal in question. The amendment that departs
furthest from the original text shall be put to a vote first. The others
shall be voted on in like order. In case of doubt in this regard they
shall be considered in the order in which they were submitted.
Article 37. Amendments intended to add to a proposal on a draft
convention or a draft resolution shall be put to a vote once all the
proposals on the draft in question have been put to a vote. If any of
the amendments concerned could replace each other, or if any of them is
intended to amend another, the provisions of the preceding article shall
apply, and consideration shall be given to the original text or the one
submitted first.
Article 38. When the adoption of one amendment necessarily entails the
exclusion of another or of a specific proposal on a draft convention or
draft resolution, the excluded amendment or proposal shall not be put to
a vote.
Article 39. Once all amendments to a draft and all the proposals on the
draft in question have been put to a vote, the vote shall be taken on
the revised version of the draft.
Article 40. Articles 32, 35, 36, 37, 38, and 39 shall govern the plenary
sessions and the meetings of committees and working groups.
VIII. COMMITTEES OF THE CONFERENCE
Article 41. The Conference shall organize the committees it considers
necessary to study the various topics on the agenda. Each delegation
shall have the right to be represented on each of the committees.
Article 42. Each committee shall elect a chairman, a vice chairman, and
a rapporteur from among its members.
Article 43. Each committee shall be responsible solely for the study and
discussion of the topics assigned to it, and shall submit the
corresponding recommendations to a plenary session.
Article 44. When necessary, the committees may establish working groups.
The delegations that are not members of a working group shall have the
right to participate in its discussions with voice but without vote.
Article 45. In addition to the committees that the Conference decides to
organize, a Credentials Committee and a Style Committee shall be
established.
Article 46. The Credentials Committee shall be composed of three
delegations elected at the first plenary session. The Committee shall
examine the credentials of the delegations and submit a report thereon
to the Conference.
Article 47. The Style Committee shall be composed of delegations elected
at the first plenary session, each of whom shall represent one of the
four official languages. The Style Committee shall receive the drafts
adopted by the committees before they are submitted to a plenary session
for consideration, and shall introduce in them such style changes as it
deems necessary. If it notes that a draft suffers from defects of form
that it cannot correct without altering the substance thereof, the Style
Committee shall raise the question in a plenary session. In addition,
the Style Committee shall be responsible for the coordination of the
texts of the documents mentioned in Article 52, in the official
languages of the Conference.
Article 48. The reports of the committees shall be prepared by the
rapporteurs and shall contain a summary of the background information, a
list of the drafts and amendments studied, the substance of the
discussion, the results of the votes taken, and the complete text of the
draft conventions and draft resolutions approved.
Article 49. The reports of the committees shall be delivered to the
Secretariat in advance of the plenary session at which they are to be
discussed, for distribution to all the delegations.
Article 50. Summary minutes of the plenary sessions and of the meetings
of the committees shall be prepared, and the verbatim texts of such
statements as the delegations request or the committees agree to include
may be added.
Article 51. The minutes shall be prepared and distributed as soon as
possible. They shall be published first in provisional form and
afterwards in final form, once their text has been revised in accordance
with any style corrections included at the request of the delegations.
IX. CONVENTIONS AND FINAL ACT
Article 52. The conventions approved by the Conference shall be
published in English, French, Portuguese, and Spanish. The final act,
which shall be published in the same languages, shall include the
resolutions, recommendations, and decisions adopted by the Conference.
Article 53. Any reservations or statements made during the Conference
with respect to the conventions shall appear in the respective
instruments, and any made on the resolutions shall appear in the final
act. Those reservations and statements may be made in the appropriate
committee or, at the latest, in the plenary session in which a vote is
taken on the corresponding convention or resolution. Before the
conventions are signed, the Secretariat shall read aloud any
reservations or statements made, the texts of which shall be forwarded
in due course, and in writing, to the Secretariat of the Conference so
that it may distribute them to the delegations.
Article 54. The General Secretariat of the Organization shall publish
the documents mentioned in Article 52 as soon as possible and shall send
certified copies of them, in the four official languages, to the
governments of the member states of the Organization of American States
and to the participants referred to in Chapter II. The General
Secretariat shall also publish the minutes and documents of the
Conference.
Article 55. The General Secretariat of the Organization of American
States shall serve as the repository for the documents and archives of
the Conference.
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