The Department of International Law participated in the XII Conference of the American Association of Private International Law (ASADIP) on 8-9 November in Santa Cruz, Bolivia, which was held in partnership with the Universidad Católica Boliviana “San Pablo.” The theme of the annual conference this year was “The Family.” Presentations and discussions focused on private international law as it impacts various aspects of familial relationships across borders, including adoption, enforcement of support obligations, extrajudicial agreements by mediation or arbitration, and estate planning, among others. Panelists considered challenges in the resolution of these matters due to differences in the domestic laws of states, differences that have become more pronounced in recent years in the recognition of new forms of family structures that result from same-sex marriage, adoption by such couples, and emerging technologies that enable assisted reproduction. Panelists also considered the impact of these issues within the context of international and regional migration and the interface with other areas of law that seek to protect the rights of the child and to prevent human trafficking.

The Department of International Law took part in a panel discussion that also included the Hague Conference on Private International Law to consider International Legal Cooperation in Civil Procedure as a Tool for the Protection of Families. This included an overview of 1) OAS instruments that have been developed to address these issues, namely, the Inter-American Conventions on Conflict of Laws Concerning the Adoption of Minors (1984); International Return of Children (1989); Support Obligations (1989); and International Traffic in Minors (1994) and 2) efforts undertaken to encourage and facilitate international legal cooperation, such as the Family Law Network.

Cooperation between the General Secretariat of the OAS and ASADIP was formalized in 2008 through a cooperation agreement. Since then, the Department of International Law and ASADIP have combined efforts to channel academic and legal research and other cooperative activities for the progressive development of private international law within the regional legal system. For example, the Department has turned to ASADIP members in the course of its role as technical secretariat to the Inter-American Juridical Committee; on the subject of international contracts, ASADIP members have assisted significantly with this work by responding to questionnaires, offering comments and other assistance.

In recent years, such efforts have been encouraged by OAS Member States by means of a mandate from the General Assembly to the Department “to promote a greater dissemination of private international law among member states, in collaboration with other organizations and associations that work in this area, to include the United Nations Commission on International Trade Law, the Hague Conference on Private International Law, the International Institute for the Unification of Private Law (UNIDROIT), and the American Association of Private International Law (ASADIP)” [International Law AG/ RES. 2909]. The Department of International Law has participated in several of the previous meetings of ASADIP, which have considered the themes of corporations (2017), international contracts (2016), access to justice (2015), among others.

These meetings serve as an important forum to foster and strengthen connections with other international, academic, and intergovernmental institutions, government officials, academics, practitioners and law students for the furtherance and promotion of private international law.

» For additional information about the Department, please visit our Website