At its recent session from August 2 to 11, 2023, the CJI adopted a Guide to Best Practices that contains 32 standards for updating jurisdictional cooperation through the use of information and communication technologies, without modifying or replacing existing rules in treaty, legal, and regulatory texts, based on a practical interpretation of the law.

The work was carried out by Dr. Cecilia Fresnedo de Aguirre and responds to a mandate from the General Assembly that requested the CJI to facilitate “international cooperation in the inter-American system for the benefit of the societies of the Hemisphere” [resolution AG/RES. 2959 (L-O/20)].

In preparing the Guide, the author identified universal, regional and subregional conventions, in addition to regulations and practices in the OAS member states and studies of doctrine and jurisprudence both within and outside the region. The questionnaires sent to the States and experts in the region were invaluable and relied on the support of the American Association of Private International Law (ASADIP).

The Guide to Best Practices recommends mechanisms to make cooperation procedures under the inter-American conventions in force more effective and is basically intended for legal practitioners (judges and lawyers), without prejudice to regulatory developments that may arise in the light of technological advances.

Specifically, the Guide encourages the use of technological tools in relation to the use or processing of documents, where the law is silent in that regard or does not prohibit it, with full respect for the guarantees of due process. The Guide invites stakeholders to make use of technological resources, in particular electronic case files and institutional e-mails of officials, the processing of electronic domiciles in court, the use of videoconferencing, and the use of digital and physical signatures, whether digitalized or scanned, for court documents. In that sense, the Guide recognizes that court proceedings should be guided by the principle of evolutionary interpretation, to the extent that they are permitted by law and are technically and economically feasible. Indeed, in cases where domestic rules forbid the use of technological means, progressive development is encouraged.

Likewise, the Guide encourages practices to eliminate legal obstacles, facilitate the actions of central authorities, and ensure compliance with formalities without contravening fundamental principles of international public order. Special emphasis is given to proceedings in the area of letters rogatory. As with other similar texts, the CJI’s Guide to Best Practices contains non-binding suggestions and proposals for States (link to the Guide to Best Practices).

As part of the Secretariat for Legal Affairs, the Department of Internacional Law acts as technical secretariat of the CJI.

The CJI serves as advisory body on juridical matters to the OAS. Its main duty involves the promotions of the progressive development and codification of international law.