AG/RES. 1922 (XXXIII-O/03)

FOLLOW-UP ACTIVITIES ON THE MODEL INTER-AMERICAN LAW ON SECURED TRANSACTIONS AND THE UNIFORM THROUGH BILLS OF LADING FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD 

(Resolution adopted at the fourth plenary session, held on June 10, 2003) 

            THE GENERAL ASSEMBLY, 

            HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4156/03 add. 3), in particular as it pertains to the Inter-American Specialized Conference on Private International Law; 

CONSIDERING: 

            That CIDIP-VI, which took place in Washington, D.C., from February 4 to 8, 2002, adopted the Model Inter-American Law on Secured Transactions (CIDIP-VI/RES. 5/02) and the Negotiable and Non-Negotiable Inter-American Uniform Through Bills of Lading for the International Carriage of Goods by Road (CIDIP-VI/RES. 8/02), and decided to continue work on the topic of Applicable Law and Competency of International Jurisdiction with Respect to Extra-Contractual Civil Liability (CIDIP-VI/RES. 7/02); 

            That CIDIP-VI, in these same resolutions, and the General Assembly, in resolution AG/RES. 1846 (XXXII-O/02), encouraged member states to take advantage of the achievements of CIDIP-VI by adopting laws and practices consistent with the documents it had adopted; 

            That the General Assembly, in this same resolution, reiterated the calls by CIDIP-VI for broader consultation with member states and requested that the Permanent Council, with the assistance of the General Secretariat, organize consultations of governmental and nongovernmental experts to discuss the resolutions adopted at CIDIP-VI, institutionalize mechanisms for such consultations, and report the results of these efforts to the General Assembly; 

            That the General Assembly, in the same resolution, the Permanent Council, in resolution CP/RES. 815 (1318/02), and the member states, in resolution CIDIP-VI/RES. 7/02, instructed the Inter-American Juridical Committee to prepare a report on the topic of Applicable Law and Competency of International Jurisdiction with Respect to Extra-Contractual Civil Liability and to support the consultations of governmental and nongovernmental experts on that topic; and 

            That the General Secretariat of the OAS and the Secretariat of the International Institute for the Unification of Private Law (UNIDROIT) established collaborative relations, with particular emphasis on cooperation in matters of private international law (OEA/Ser.D/V.25/72); that there is a need to coordinate efforts in the promotion and implementation of OAS and UNIDROIT instruments to foster greater success and prevent duplication of efforts; and that UNIDROIT, having recently approved the Cape Town Convention on International Interests in Mobile Equipment and the protocols thereto, has expressed interest in working with the General Secretariat in a joint implementation effort concerning the Model Inter-American Law on Secured Transactions, 

RESOLVES: 

            1.         To instruct the General Secretariat to facilitate consultations with groups of experts and develop mechanisms and strategies for follow-up on the promotion, adoption, and implementation of documents approved at CIDIP-VI and for fostering broader consultation among member states. 

            2.         To instruct the General Secretariat to provide assistance to member states that have requested it and are engaged in enacting legislation consistent with the Model Inter-American Law on Secured Transactions and/or encouraging the use of the Negotiable and Non-Negotiable Uniform Through Bills of Lading for the International Carriage of Goods by Road. 

            3.         To instruct the Permanent Council, with the assistance of the General Secretariat, to coordinate and cooperate with UNIDROIT on the joint promotion and implementation of the Cape Town Convention on International Interests in Mobile Equipment and the protocols thereto, on the one hand, and the OAS Model Inter-American Law on Secured Transactions, on the other, and to explore joint efforts with other international organizations engaged in drafting related instruments, including the Hague Conference on Private International Law, the United Nations Commission on International Trade Law (UNCITRAL), the Inter-American Development Bank, and the International Civil Aviation Organization, among others. 

            4.         To request the Permanent Council to report to the General Assembly at its thirty-fourth regular session on the implementation of this resolution, in accordance with resources allocated in the program-budget of the Organization and other resources.