Resolutions Adopted
CIDIP-VI/RES. 7/02
APPLICABLE LAW AND COMPETENCY OF INTERNATIONAL JURISDICTION WITH RESPECT TO EXTRACONTRACTUAL CIVIL LIABILITY
(Adopted at the third plenary session, held 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 the Inter-American Juridical Committee with examining the documentation on the subject and, bearing in mind the fore going guidelines, with issuing a report, and drawing up recommendations and possible solutions, all of which are to be presented to a meeting of experts.  

3. To request the General Assembly to convene a meeting of experts to consider, on the basis of the IJC report, the possibility of preparing an international instrument on the matter, to be presented to the OAS General Assembly at its regular session in 2003.