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private
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Seventh Inter-American Specialized Conference on Private
International Law
Preliminary report on selection of topics for CIDIP-VII |
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PERMANENT COUNCIL OF THE
ORGANIZATION OF AMERICAN
STATES COMMITTEE ON
JURIDICAL AND POLITICAL
AFFAIRS |
OEA/Ser.G
P/CAJP-2094/03
22 October 2003
Original: Spanish |
SELECTION OF AGENDA TOPICS FOR
SEVENTH INTER-AMERICAN SPECIALIZED
CONFERENCES ON PRIVATE INTERNATIONAL
LAW (CIDIP-VII)
--Preliminary Background and
Guidelines--
October 16, 2003
(Document prepared by the Department
of International Law - Secretariat for Legal Affairs (SLA))
II.
CIDIP Process
The
CIDIP process is the principal
instrument of the OAS in the
development of private international
law in the Western Hemisphere and
plays an extremely important role
the codification and harmonization
of private international law
throughout the region. The OAS
recurrently holds CIDIP Conferences
approximately every four to six
years.
The
influence of the CIDIP process in
the Americas is evident by the
quantity and quality of instruments
it has produced and subsequently
approved by OAS Member States. To
date, CIDIP has adopted 25
instruments, 21 of which are
currently in effect. Additionally,
many CIDIP conventions have received
large numbers of ratifications
thereby establishing a high standard
for codification of private
international law.
As the
region moves toward greater economic
integration, the importance of the
CIDIP process is reinforced by
greater movement of persons, goods
and services across borders. This
interdependence, in turn, requires
greater harmonization and
standardization of private
international law. As a result of
these needs, the most recent CIDIP
Conferences have begun to move
beyond procedural law topics
predominant in earlier Conferences
(e.g., jurisdiction, choice of law,
enforcement of judgments, etc.) and
have to move towards reforming areas
of substantive law (e.g., commercial
law, banking law, transportation
law, etc.). In addition, CIDIP has
also begun to use methods for
drafting legal instruments that are
different from traditional
conventions, also predominant in
earlier Conferences.
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