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March 2019
Inter-American Juridical Committee holds
ninety-fourth regular session
The
Inter-American Juridical Committee (CJI) held
its ninety-fourth regular session at its
headquarters in Rio de Janeiro from February 18
to 22.
During the session, the CJI unanimously adopted
a “Declaration
on the Situation in the Bolivarian Republic of
Venezuela,” (document CJI/DEC. 01
(XCIV-O/19)) which considers that the
“humanitarian assistance sent to the Bolivarian
Republic of Venezuela does not infringe the
principle of non-intervention in the domestic
matters of States” and that “the current crisis
in the Bolivarian Republic of Venezuela
constitutes a grave alteration of the democratic
order that must be resolved as soon as
possible.”
The CJI also adopted its “Guide to the Law
Applicable to International Commercial Contracts
in the Americas,” which will be published
shortly and transmitted to the political bodies
of the OAS for their information and
consideration. The guide was the product of hard
work and broad consultation among experts on the
subject. In view of the ongoing disparities in
the law applicable to international commercial
contracts in the region’s countries, the purpose
of the guide is to advance important aspects in
this area in order to promote legal
harmonization in the region and stimulate
economic integration, growth, and development in
the Hemisphere.
At the opportunity, the OAS Department of
International Law (DIL) submitted a report on
the results of a broad consultation that it
carried out throughout 2018 with the aim of
gathering input for a “Model Law 2.0 on Access
to Public Information,” as instructed by the OAS
General Assembly. The DIL reported that although
there were a number of issues that had yet to be
ironed out, it was in a position to present a
draft whose articles covered the topics of
active transparency, exceptions, archive
management, the preamble, and concluding
provisions of the Model Law 2.0. It also said
that the draft was couched in gender-aware
language, so that it might be one of the first
legal instruments of the inter-American system
in which a gender perspective was included from
inception. The CJI will begin its work on the
subject on the basis of these inputs.
There were a number of other ongoing topics with
which significant progress was made during the
session, including the validity of foreign
judicial decisions; binding and non-binding
agreements; cybersecurity; electronic warehouse
receipts for agricultural products; guidelines
for applying the conventionality principle; and
protection of personal data.
The CJI decided that it would hold its
ninety-fifth regular session at its headquarters
in Rio de Janeiro from July 31 to August 9,
2019. For that meeting, the CJI decided that it
would keep two items on its agenda in addition
to the aforementioned topics: foreign
interference in a state’s electoral process and
dissolution and liquidation of simplified
corporations.
The CJI is one of the advisory bodies to the OAS
on juridical matters. Its purpose is to promote
the progressive development and codification of
international law and to examine the possibility
of harmonizing the legislation of the countries
of the region. The Department of International
Law of the OAS Secretariat for Legal Affairs
serves as the Technical Secretariat of the CJI.
For further information on this matter, please contact the Department of International Law of the OAS – Technical Secretariat of the Inter-American Juridical Committee +1 202 370 0743.
»
Additional information on recent developments in the Committee's work can be seen on
this link
»
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