Declaration of South American professors of private international law on the future of the CIDIP process 

At the School of Law and Social Sciences of the National University of Cordoba, on the eighteenth of December, 2003, gathered together to discuss the future of the inter-American codification of private international law, by virtue of the invitation extended by the Integration Law Studies Center [Centro de Estudios del Derecho de la Integración], 

Convinced of the importance of this type of fruitful exchange of ideas among specialists in private international law in the region, 

Persuaded by the significant modernizing impact that inter-American conventions and other documents adopted by CIDIP have had on national and subregional private international law systems,

Wishing to pursue and improve a codification process which has produced clearly positive results, so that it may continue to generate common solutions to current legal problems,

Pleased with the past and present efforts pursued by the OAS, through its Department of Legal Affairs (and the entities which preceded it as such) and the Inter-American Juridical Committee, despite budget restrictions,

Concerned that the work that needs to be continued in the area of inter-American codification not be affected by these restrictions,

Guided by an integrationist spirit, that encompasses all the interests of the OAS member states regarding determination of the topics requiring hemispheric regulation, and the appropriate methodology in each case,

Aware of the situation of the member states and subregional integration groups in the hemisphere, within a much more highly inter-related world,

Conscious of the challenges all of this implies for the drafting of legal instruments that can provide appropriate and fair responses to the current context of legal systems in the region, and

Certain that the countries of South America should continue participating actively in the development of inter-American law and legal practices, thereby contributing their experience and best expertise, while ensuring that this development is also directed to improving effective access to justice on the part of their citizens,

WE DECLARE: 

That the international codification of private international law on a regional level continues to be necessary from a legal and political standpoint;

That the Americas, a pioneering continent in international efforts to harmonize and standardize private international law, has the historic duty to maintain this tradition, by cultivating a constructive dialogue with other codification forums in the world;

That the OAS continues to be the appropriate forum to continue developing the process of codification of private international law in the Americas;

That, in this regard, a certain permanence and specialization of work on private international law within this regional Organization would be ideal;

That, in order for this work to continue exercising its positive influence on national and subregional legal systems in our Hemisphere, it is essential to update its content and its methodology, so that they are adapted to today’s circumstances and needs;

That to this end, it is important that the thematic agenda for codification reflect the interests of the different countries and integration plans in the Americas in a balanced manner;

That, while there are issues of great importance in the area of trade, related to the different trade agreements being developed by countries of the Hemisphere, the exponential increase in international legal relations of private law in the hemisphere also calls for a need to take up issues more closely related to matters of civil and procedural law;

That among civil matters, there are various aspects of the protection of persons with insufficient faculties, the economic system of matrimony, and extracontractual liability, among others, that appear prima facie as lending themselves to inter-American regulations;

That, with regard to procedural matters, the problem of international jurisdiction in matters of private international law and the review of regulations related to the extraterritorial validity of judicial decisions should be given priority on the regional agenda;

That, with reference to regulations on international contracting, special attention should be paid to aspects of private international law pertaining to contracts concluded by workers and by consumers;

That whatever matters are taken up by the regional entity, the solutions determined should be guided by criteria of reasonability and justice, attention should be paid to their relationship with already existing conventional texts, and, above all, they should be directed to solving the problems currently arising in our countries;

That it is vitally important that our governments establish national and multinational working groups in charge of maximizing efforts in relation to future CIDIP processes;

That to this end, it would be useful if, in addition to the channels of cooperation among authorities, there were other channels of cooperation such as the ones existing in academic spheres, which should participate actively in the codification process;

That all of the undersigned, to the extent of the possibilities of each one, are committed to persuading the authorities of our respective countries of the significance of CIDIP’s work and of the enormous importance of ensuring that Latin American states continue to play an active and decisive role in this inter-American forum; and

That, in addition, the undersigned will undertake to disseminate this document as widely as possible in academic, legal, and political circles, and especially among the authorities working on the codification of law at national, subregional, and inter-American levels;

 And they sign this declaration: 

Didier Opertti Badán

Diego P. Fernández Arroyo

Fabio Mastrangelo

Adriana Dreyzin de Klor

Cecilia Fresnedo de Aguirre 

María Blanca Noodt Taquela

Beatriz Pallarés

Carlos Rodriguez Tissera

Gualberto Lucas Sosa

Analía Consolo

Luiz Octávio Pimentel

Ndia M. Mondino de Reinaldi

Paula María All

Carlos Echegaray

Remo José Gori

Roberto Vicario

María Cecilia Azar

Milton Feuillade

Mabel Solano

Mariana Rodríguez Saá

María Alejandra Manassero

Mariana Caillet Bois

Carolina Iud

Carolina Harrington

Luciana Manfredi

M. Nasrim El Chaer

Marina Romero Aragüena

Débora R. Jalom

CP12294E05