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November 2021
Recent Developments in Private International Law
The 51st General Assembly held on November 11th
and 12th adopted a resolution that, for the
first time, includes a dedicated section on
private international law (PIL), indicating the
increasing importance of the subject to OAS
Member States (International Law,
AG/doc.5730/21, Section ii). It was resolved
that the Committee on Juridical and Political
Affairs discuss strategies for the OAS to resume
its activities in codification and progressive
development of PIL, that the Department of
International Law (DIL) continue to promote
greater dissemination of PIL instruments,
organize joint meetings with areas specializing
in PIL in Member States, and continue working in
collaboration with other international
organizations active in the field, and that
states parties to various inter-American
conventions maintain up-to-date designated
Central Authorities under those conventions.
On November 4 & 5th, DIL in collaboration with
the American Association of Private
International Law (ASADIP), sponsored the
XIV
ASADIP Conference on “Private International Law
and Modern Technologies,” which was held in
virtual form. The annual conference is the
pre-eminent regional forum for PIL but was not
held in 2020 due to the Covid-pandemic. The
inaugural session of the XIV Conference provided
an overview of the challenges posed by digital
transformation, which were considered in greater
depth by 5 panels with presentations by 35
experts over the next two days that examined new
technologies in relation to PIL specifically on
the following topics: data and regulatory
conflict; implications for traditional PIL
connecting factors; artificial intelligence,
blockchain and smart contracts; transnational
dispute resolution and international judicial
cooperation. DIL participated in a special panel
together with representatives from the United
Nations Commission on International Trade Law
(UNCITRAL), the International Institute for the
Unification of Private Law (UNIDROIT) and the
Hague Conference on Private International Law
(HCCH) to discuss impacts of technology on PIL
codification. Aspects of these discussions will
be taken into consideration by the
Inter-American Juridical Committee, which has
included onto its agenda the topic of “new
technologies and their relevance to legal
cooperation.” For those interested, a recording
of the event will be posted to the
ASADIP
website in due course.
Recently, the Ukraine deposited instruments of
accession to the Inter-American Convention on
Support Obligations (adopted July 15th, 1989 at
CIDIP-IV) and to the Inter-American on Proof of
and Information on Foreign Law (adopted May 8th,
1979 at CIDIP-II). Details may be found at the
following DIL website: [summary table].
On September 26th, DIL co-sponsored a
webinar on “Cross-border Trade Finance” together
with the Kozolchyk National Law Center
to consider relevant OAS and UNCITRAL
instruments, specifically, the Model
Inter-American Law on Secured Transactions, the
UN Convention on Independent Guarantees and
Stand-by Letters of Credit and the UN Convention
on the Assignment of Receivables in
International Trade. While the OAS Model Law, as
well as the UNCITRAL Model, pave the way for a
“paradigm shift” towards asset-based lending,
these two Conventions form part of the package
of legislative reforms that can further improve
secured lending, and particularly trade finance.
States may either implement the Model Law and
then move towards adding more specialized
financing norms or build their frameworks
incrementally by ratifying the Conventions
first. The webinar highlighted the fundamental
features of both Conventions and explained how
their implementation may enhance commercial
frameworks in the region. For those interested
in a recording of the webinar, please contact
[email protected].
»
To visit the DIL’s web page on Private International Law,
click here.
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