AG/RES. 1846 (XXXII-O/02)
INTER-AMERICAN
SPECIALIZED CONFERENCES
ON
PRIVATE INTERNATIONAL LAW
(Adopted at the fourth plenary session held on June
4, 2002)
THE GENERAL ASSEMBLY,
HAVING SEEN the Report of the Permanent Council on the Sixth
Inter-American Specialized Conference on Private International Law (CIDIP-VI)
(CP/doc.3590/02);
TAKING INTO ACCOUNT that, through resolutions AG/RES. 1393 (XXVI-O/96)
and AG/RES. 1765 (XXXI-O/01), it convened CIDIP-VI with the agenda approved by
the Permanent Council through resolution CP/RES. 744 (1185/99); and
CONSIDERING:
That the Sixth Inter-American Specialized Conference on Private
International Law (CIDIP-VI) was held at OAS headquarters in Washington, D.C.,
from February 4 to 8, 2002, and approved the Model Inter-American Law on
Secured Transactions, the Non-Negotiable Inter-American Uniform Through Bill
of Lading for the International Carriage of Goods by Road, and the Negotiable
Inter-American Uniform Through Bill of Lading for the International Carriage
of Goods by Road;
That all the Inter-American Specialized Conferences on Private
International Law have adopted important conventions and other international
instruments which made significant achievements in private international law;
That, in the preamble of resolution CIDIP-VI/RES. 1/02, the member
states represented at CIDIP-VI reiterated “the necessity of continued,
in-depth study of various specific topics, with a view to the approval of the
texts of conventions and other international instruments as part of the
process of codification and progressive development of international law”;
That, in that same resolution, CIDIP-VI resolved to request the General
Assembly to convene the Seventh Inter-American Specialized Conference on
Private International Law (CIDIP-VII);
That CIDIP-VI, in the preamble of that same resolution, stated that the
agenda for CIDIP-VII “should reflect the desires of all Member States of the
OAS, that a broader consultation with Member States should be had, and, to
that end, the Permanent Council of the OAS should be requested to create
mechanisms for the consultation of governments, and for the presentation of
the results of those consultations to the General Assembly”;
That CIDIP-VI resolved to continue the discussion of
possible future topics for CIDIP-VII, and to request the General Secretariat
to “organize a consultation of governmental and non-governmental experts
aimed solely at discussing the future of CIDIP and other topics that are
appropriate for treatment at CIDIP-VII, and to undertake feasibility studies
on those topics for submission to the Member States”;
That the Inter-American Juridical Committee presented to CIDIP-VI a
report entitled “CIDIP-VII and Beyond” (CIDIP-VI/doc.10/02);
That, in the document “The Law in a New Inter-American Order”
(CP/doc.2744/96), the Secretary General stressed the importance to the region
of the development of private international law within the framework of CIDIP;
That the Charter of the Organization of American States provides that
specialized conferences shall be held whenever the General Assembly or the
Meeting of Consultation of Ministers of Foreign Affairs so decides, on its own
initiative or at the request of one of the councils or specialized
organizations; and
That, accordingly, it is deemed necessary to convene CIDIP-VII and to
continue the process of development and codification of private international
law which began in Panama (CIDIP-I, 1975) and continued in Montevideo
(CIDIP-II, 1979), in La Paz (CIDIP-III, 1984), in Montevideo (CIDIP-IV, 1989),
in Mexico City (CIDIP-V, 1994), and at OAS headquarters in Washington, D.C.
(CIDIP-VI, 2002),
RESOLVES:
1.
To congratulate the Sixth Inter-American Specialized Conference on
Private International Law on its successful conclusion and to welcome the
resolutions adopted during CIDIP-VI.
2.
To encourage member states to take advantage of the achievements of
CIDIP-VI by adopting laws and practices consistent with the Model
Inter-American Law on Secured Transactions, the Non-Negotiable Inter-American
Uniform Through Bill of Lading for the International Carriage of Goods by
Road, and the Negotiable Inter-American Uniform Through Bill of Lading for the
International Carriage of Goods by Road, and by promoting the use of these
instruments.
3.
To request the General Secretariat to organize consultations of
governmental and nongovernmental experts aimed at:
a. Discussing the future
of the Inter-American Specialized Conferences on Private International Law,
bearing in mind resolution CIDIP-VI/RES. 1/02, as well as topics that would be
appropriate for consideration at CIDIP-VII, and to undertake feasibility
studies on those topics for submission to the member states; and
b.
With regard to operative paragraph 3 of resolution CIDIP-VI/RES. 7/02,
examining the report to be prepared by the Inter-American Juridical Committee
pursuant to the mandate contained in resolution CP/RES. 815 (1318/02).
4.
To instruct the Inter-American Juridical Committee and the General
Secretariat to support the consultation of governmental and nongovernmental
experts, and to prepare such reports, recommendations, and other materials as
are necessary for the completion of the consultations.
5.
To instruct the General Secretariat to submit the reports and the
conclusions of the consultations with governmental and nongovernmental experts
to the Permanent Council.
6.
To instruct the Permanent Council to prepare the draft agenda for the
Seventh Inter-American Specialized Conference on Private International Law
(CIDIP-VII) and to propose a date and a site for CIDIP-VII, taking into
account the results of consultations with governmental and nongovernmental
experts.
7.
To request the General Secretariat to include in due course such items
as are required in the proposed program-budget of the Organization, within
available resources, to carry out the preparatory work required for CIDIP-VII,
including the consultations with experts.
8.
To request the Permanent Council to report to the General Assembly at
its thirty-third regular session on the implementation of this resolution.
