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June 2019
Celebrating the 130th anniversary of the Treaties of Montevideo of 1889 on private international law
In celebration of the 130th
Anniversary of the Treaties of Montevideo of
1889, a conference was held in Montevideo,
Uruguay on the 5th and 6th of June, organized by
the Uruguayan Institute of Private International
Law of the Faculty of Law of the University of
the Republic. The objective was to consider the
legacy of these treaties and their application
in the current international context, while also
reflecting on the future of the progressive
development of private international law within
the region.
The Treaties of Montevideo were adopted during
the First South American Congress of Private
International Law held in that city. After
arduous negotiations that lasted from August
1888 to February 1889, eight treaties and an
additional protocol were concluded, which
addressed the major conflict of laws issues of
the time and provided universal solutions. The
Treaties of Montevideo covered the topics of
international civil law, international
commercial law, international procedural law,
international criminal law, international
intellectual property (specifically copyrights,
trademarks, and patents) and self-employed
professionals. An Additional Protocol to the
Treaties of Private International Law was also
adopted.
During the conference, numerous experts in
private international law from different
countries of the region and several
international organizations reflected on the
solutions provided by these treaties - which are
still in force - in relation to current regional
problems and on concrete alternatives to the
progressive development of this subject. Among
these alternatives, the Organization of American
States (OAS) presented itself as an Organization
that historically has made important
contributions to private international law and
that continues to play a fundamental role in
this field today.
It was recalled by the Director of the OAS
Department of International Law, who was among
the attendees, that the Declaration of Panama on
the Inter-American Contribution to the
Development and Codification of International
Law, approved by the General Assembly in 1996,
states that "the OAS is the principal and
irreplaceable forum in which member states, on
an equal footing, adopt legal provisions in both
public and private international law to govern
their relations at the hemispheric level."
The OAS was also represented by Dr. José Moreno,
member of the Inter-American Juridical Committee
(CJI) and rapporteur on the subject of the law
applicable to international commercial contracts
in the Americas, on which topic a Guide was
approved by said Committee this year. Work is
currently being undertaken by the CJI in private
international law in the topics of electronic
warehouse receipts for agricultural products,
simplified companies, and the extraterritorial
effectiveness of foreign judgments and arbitral
awards; this evidences the continuous
progressive development of private international
law within the OAS through one of its most
important organs, that is, the CJI.
For further information on this matter, please contact the Department of International Law of the Secretariat for Legal Affairs of the OAS +1 202 370 0743.
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