RULES
OF PROCEDURE FOR THE SIXTH INTER-AMERICAN SPECIALIZED CONFERENCE
ON PRIVATE INTERNATIONAL LAW
(Approved
at the first plenary session, held on February
4, 2002)
I.
NATURE AND PURPOSE OF THE CONFERENCE
Article
1. The Sixth Inter-American Specialized Conference
on Private International Law, called by the General
Assembly of the Organization of American States [AG/RES.
1393 (XXVI-O/96)], 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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