Extracontractual Civil Liability

In August 2003, the Inter-American Juridical Committee (CJI) adopted unanimously resolution “The applicable law and competency of international jurisdiction with respect to extracontractual civil liability”, which recommends in a first stage to adopt instruments regulating to jurisdiction and choice of law with respect to specific sub-categories of non-contractual civil liability, and only afterwards, pursue to the adoption of a general Inter-American instrument to address jurisdiction and choice of law for the entire field of non-contractual liability. Attached to the resolution are six reports submitted during the analysis of this issue by the co-rapporteurs.

In addressing this topic, the Inter-American Juridical Committee discussed the following documents over the years that serve as background information: 

• 2002
  CJI/doc.97/02 Recommendations and possible solutions proposed to the topic related to the law applicable to international jurisdictional competence with respect to extracontractual civil responsibility (Presented by Dr. Ana Elizabeth Villalta Vizcarra)
  CJI/doc.104/02 rev.2 The desirability of pursuing the negotiation of an inter-American instrument on choice of law and competency of international jurisdiction with respect to non-contractual civil liability: a framework of analysis and agenda for research (Presented by Dr. Carlos Manuel Vázquez)
  CJI/RES.50 (LXI-O/02) The applicable law and competency of international jurisdiction with respect to extracontractual civil liability (resolution adopted unanimously by the Inter- Juridical Committee)

• 2003
  CJI/doc.119/03 The applicable law and competency of international jurisdiction in regard to extracontractual civil liability (Presented by Dr. Ana Elizabeth Villalta Vizcarra)
  CJI/doc.122/03 corr.1 Jurisdiction and choice of law for non-contractual obligations – Part I: hemispheric approaches to jurisdiction and applicable law for non-contractual civil liability (Presented by Dr. Carlos Manuel Vázquez)
  CJI/RES.55 (LXII-O/03) Applicable law and competence of international jurisdiction on non-contractual liability (resolution adopted by the Inter- Juridical Committee)
  CJI/doc.130/03 Applicable law and competence of international jurisdiction concerning non-contractual civil liability (Presented by Dr. Ana Elizabeth Villalta Vizcarra)
  CJI/doc.133/03 Jurisdiction and choice of law for non-contractual obligations – Part II: specific types of non-contractual liability potentially suitable for treatment in an inter-American private international law instrument (Presented by Dr. Carlos Manuel Vázquez)
  CJI/RES.59 (LXIII-O/03) The applicable law and competency of international jurisdiciton with respect to extracontractual civil liability (resolution adopted unanimously by the Inter- Juridical Committee)