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April 2019

President of the Inter-American Juridical Committee of the OAS presents annual report

President of the Inter-American Juridical Committee of the OAS presents annual report

On Thursday, April 11, 2019, the president of the Inter-American Juridical Committee (CJI), Dr. Ruth Correa Palacio, presented the annual report of the activities of the CJI during 2018 to the Committee on Juridical and Political Affairs (CAJP) of the Permanent Council. During her presentation, she referred to two Guidelines recently adopted by the CJI.

The first one, entitled the "Practical Guide for the Application of Jurisdictional Immunity of International Organizations," proposes guidelines with respect to particular issues that arise in the adoption of agreements involving international organizations, such as the objective, scope, and limits of jurisdictional immunities; the means of dispute resolution; observance of the domestic legal order; appearance before national courts; immunity from enforcement; and waiver of jurisdictional immunity.

The second one, entitled the "Guide on the Law Applicable to International Commercial Contracts in the Americas," incorporates recent advances in the law on this subject; it outlines the advantages of uniform interpretation of international legal instruments that are used in the settlement of disputes, it recommends that domestic legal regimes provide that a choice of law should be evident or appear clearly from the provisions of the contract, and it urges affirmation of and clear adherence to the internationally-recognized principle of party autonomy. The Guide includes specific recommendations directed to different stakeholders, namely, legislators, adjudicators and contracting parties. It represents an effort by the CJI to promote legal harmonization in order to stimulate economic integration, growth and development in the hemisphere. The Guide has already received a very positive response from the international community of experts, academics and specialized institutions.

Among the numerous activities carried out by the CJI, Dr. Correa Palacio made specific reference to the "VII Joint Meeting of the Legal Advisers of the Ministries of Foreign Affairs of OAS Member States" that was held in August of 2018 and at which topics of interest to the region that could be subject to codification and progressive development had been identified. The event brought together legal advisers from ten states, namely, Argentina, Bolivia, Brazil, Costa Rica, Ecuador, Haiti, Mexico, Peru, United States and Uruguay. The president made a special appeal to Central American and Caribbean delegates for participation by their advisers at the next meeting, which will take place in August of 2020. The president also reported on a meeting that the CJI had held with representatives from the Hague Conference on Private International Law and at which it had been possible to consider the working methods of both institutions and to better coordinate efforts for the codification and dissemination of private international law.

The president advised that the next session of the CJI will take place from July 31 to August 9, 2019 at its headquarters in Rio de Janeiro.

The annual report of the Committee can be consulted at the following link.

The CJI is the advisory body 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 attaining harmonization in 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. 

» Photo Gallery of the Presentation

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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