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Brief History of the Inter-American Juridical Committee
The oldest antecedent of the Inter-American
Juridical Committee is the Permanent Commission of Jurisconsults of
Rio de Janeiro set up in 1906 by the 3rd American International
Conference. Its first meeting took place in 1912, although its period of
greatest importance was during the year 1927, when twelve draft
conventions on public international law were approved, as well as the
Bustamante Code in the field of private international law.
on, in 1933, during the 7th Pan-American Conference of Montevideo, the
National Commissions for Codification of International Law was
installed, as well as the Inter-American Commission of Experts, whose
first session was held in the city of Washington, D.C., in April 1937.
From 26 September to 3 October of 1939 was held the 1st Meeting of
Ministers of Foreign Affairs of the American Republics, on which
occasion was set up the Inter-American Committee for Neutrality. This
Committee was active for more than two years until 1942, when it was
transformed into the Inter-American Juridical Committee through
resolution XXVI of the 3rd Meeting of Consultation of Ministers of
Foreign Affairs held in Rio de Janeiro. It was also determined that the
Inter-American Juridical Committee would have its headquarters in the
city of Rio de Janeiro.
In 1948, the 9th American International Conference held in Bogotá
adopted the Charter of the Organization of the American States, through
which was created the Inter-American Council of Jurisconsults, with one
representative for each Member State with functions involving
consultation and juridical development in juridical matters of the OAS.
Its permanent commission would be the Inter-American Juridical Committee
itself, comprised of nine jurists from the Member States and assigned
with full technical autonomy to undertake preparatory studies and work
commissioned by certain bodies of the Organization.
Later on, in 1967, the 3rd Extraordinary Inter-American Conference held
in Buenos Aires, Argentina, approved the Protocol for Reforms of the
Charter of the Organization of American States, or the Protocol of
Buenos Aires, which closed the Inter-American Council of Jurisconsults,
whose functions were transferred to the Inter-American Juridical
Committee, thus raising it to the level of principal agency of the OAS.
The Inter-American Juridical Committee, according to article 99 of the
Charter, has the following basic attributes:
... to serve the Organization as an advisory body on juridical
matters; to promote the progressive development and the codification of
international law; and to study juridical problems related to the
integration of the developing countries of the Hemisphere and, insofar
as may appear desirable, the possibility of attaining uniformity in
their legislation.
According to article 100 of the Charter, it is also competent to:
... undertake the studies and preparatory work assigned to it by the
General Assembly, Meeting of Consultation of Ministers of Foreign
Affairs, or the Councils of the Organization. It may also, on its own
initiative, undertake such studies and preparatory work as it considers
advisible, and suggest the holding of specialized juridical conferences.
The Inter-American Juridical Committee has its headquarters in
the city of Rio de Janeiro, but in special cases it may hold meetings
elsewhere, opportunely designated after consulting with the
corresponding Member State. Furthermore, it is comprised of eleven
national jurists from the Member States of the Organization, which
represent the whole of the States and enjoy full technical autonomy.