Report on the Activities of the Department of Legal Cooperation and Information in executing The Inter-American Program for the Development of International Law

September 1999

Presentation 

1. Training concerning the Inter-American system
   
1. Background
   
2. Activities Designed for Training in the Inter-American Legal System
   
1. Regional Course in International Law for the Countries of the Andean Community
2. Regional Educational Program in Central America Concerning Inter-American Legal Instruments Pertaining to Legal and Judicial Cooperation
3. Training in Inter-American Legal Instruments Pertaining to Arbitration
4. Training in Inter-American Legal Instruments Pertaining to Weapons
5. Training in International Humanitarian law
6. Training Concerning the Inter-American Convention to Facilitate Assistance in Cases of Disaster and other Legal Instruments in Matters Related to Prevention of and Attention to Natural Disasters
2. Legal Information
   
1. Background
   
2. The Inter-American System of Legal Information: A new age in legal dissemination
   
1. A New Concept of Legal Information
2. The Inter-American System of Legal Information: Its Organization and Function
   
1. Conception and Progress
2. Components
3. Electronic Dissemination
   
1. Internet Pages
2. Electronic Mail
3. Data Bases
4. Legal Publications
5. Electronic Networks
3. Advances Attained in the Implementation of the Inter- American System of Legal Information
   
1. Dissemination through the Use of Electronic Means
   
1. Internet Pages
   
   1. Inter-American Treaties
   2. Charter of the Organization
   3. Resolutions of the General Assembly
   4. Themes Related to the Inter- American Legal Agenda
   5. Programs and Plans of Action
   6. Model Laws
   7. National Legal Instruments
   8. Legal Publications
      
2. Electronic Mail
   
3. Databases
2. Program of Electronic Networks
   
3. Program of Publications
3.   Looking Into the Future: Proposals for the Enhancement of Legal Information Within the OAS  Framework
   
   1. Consolidation of the Inter-American System of Legal Information
      
   1. Proposals for the Program of Electronic Dissemination
   2. Proposals for the Program of Inter-American Networks
   3. Proposals for the Program of Publications
   4. Proposal for the Publication of The Juridical Yearbook
   2. Creation of An Account or Specific Fund in the Program Budget of the OAS for the Financing of the Inter-American System of Legal Information

 

Department of Legal Cooperation and Information

 

Presentation

Endowed with more than 50 years of existence and comprised of 34 States, the Organization of American States (OAS) is the political and technical forum for the elaboration and adoption of legal instruments, both of a public and private character. Through these legal instruments, the OAS regulates international relations at the hemispheric level.

Over the last several years, the OAS has developed a productive dialogue concerning the consolidation and enhancement of the Inter-American Legal System. As a result, the General Assembly, the Inter-American Juridical Committee and General Secretariat have taken decisions of great importance.

The General Assembly has adopted measures that highlight this importance. Included among these measures are the "Declaration of Panama Concerning the Inter-American Contribution for the Development and Codification of International Law", approved by the General Assembly in their 1996 sessions, and the "Inter-American Program for the Development of International Law", adopted in 1997.

At the same time, the Inter-American Juridical Committee, the principal consultative body of the Organization in legal matters, has prepared studies as requested by the General Assembly concerning the different aspects of legal themes in the hemisphere.

In addition, the Secretary General having taken into account the support of the countries for the proposals contained in "The Law in a New Inter-American Order", restructured the legal area of the General Secretariat. As a result, the Secretariat for Legal Affairs has continued to provide support to the organs in matters of international law. The Secretariat has also begun to perform tasks in matters of cooperation and legal information in accordance with the mandates adopted by the General Assembly.

The Inter-American Program for the Development of International Law, without a doubt, constitutes a blueprint for the understanding, dissemination, application and strengthening of international law elaborated within the Inter-American System. For this reason, the General Secretariat, through the Secretariat for Legal Affairs and within the limited resources available, has progressively worked in the development and execution of this blueprint.

The General Assembly, in their 1999 sessions, approved Resolution 1617. This Resolution reaffirmed, "the necessity of continuing to carry out the various activities listed in the Inter-American Program for the Development of International Law as an indispensable means of strengthening international law", as well as assigning some mandates to the General Secretariat.

This document is a report on the activities developed by the Department of Legal Cooperation and Information of the Secretariat for Legal Affairs (the Department). These activities serve as a mechanism by which to execute the mandates and requests stipulated Resolution 1617 of the 1999 General Assembly and the Inter-American Program for the Development of International Law.

The document also refers to the actions and efforts developed in the area of teaching international law as well as the advances achieved in the consolidation of the Inter-American System of Legal Information that was referred to in the cited Inter-American Program.

The first part of the document presents some recent developments regarding the teaching of Inter-American international law and, especially, the coordination of subregional courses that are referred to in Number 2 of Resolution 1617 of 1999.

Finally, at the conclusion of the second part, the document presents specific proposals regarding the program of publications, as well as methods to ensure the most ample distribution of the legal developments occurring within the OAS framework. This latter part complies with the request formulated in Resolution 1617, Number 4 of the 1999 General Assembly. Similarly, in response to the request set out in Number 3 of said Resolution, the document includes a section related to the Inter-American Juridical Yearbook. As part of the Inter-American System of Legal Information, the document describes the efforts performed to promote and coordinate networks for the exchange of information referred to in Resolution 1617, Number 4 of 1999.

1. Training Concerning the Inter-American System

 

Background


Training in international law is among the actions set out in the "Inter-American Program for the Development of International Law". This area is, without a doubt, fundamental to the effective understanding and application of legal norms adopted within the framework of the Inter-American System.

Before the Inter-American Program, the Course on International Law, which has been organized annually since its creation in 1974, constituted the one effort in this field. The course is organized by the Inter-American Juridical Committee, in collaboration with the General Secretariat and the Getulio Vargas Foundation. The great quantity of candidates that compete for places each year has demonstrated the interest that exists in learning about the developments in Inter-American Law and the importance of promoting and supporting these types of activities.

Taking these facts into account, the Inter-American Program for the Development of International Law provided the need to, "organize, with the collaboration of institutions in the distinct Member States, courses at the subregional or national level concerning the distinct aspects of Inter-American Law". The Program also stated that it was necessary, "to bring the most decisive support" to the activities mentioned above.

The General Assembly, in Resolution 1557 of 1998, recommended that the General Secretariat, through the Secretariat for Legal Affairs and in consultation with the Inter-American Juridical Committee, should give priority to the stipulations contained within the chapter concerning the training of Inter-American International Law. Moreover, the General Secretariat should emphasize on the realization of courses at the subregional and national level.

Beginning in 1999, the General Secretariat, through the Secretariat for Legal Affairs, organized a subregional course pertaining to Inter-American aspects of International Law, held in Panama City, Panama, in compliance of stated mandates.

At the recent 1999 General Assembly sessions that took place in Guatemala, the General Assembly adopted Resolution 1617. This resolution urged, the General Secretariat, through the Secretariat for Legal Affairs (the Secretariat) and in consultation with the Committee on Juridical and Political Affairs of the Permanent Council, to continue organizing subregional courses on international law.

Activities Designed for the Training in the Inter-American Legal System

Taking into account, the background mentioned above and, especially, the mandates of the General Assembly, the General Secretariat, through the Department of Legal Cooperation and Information of the Secretariat for Legal Affairs, will develop the following activities concerning training in international law.

Regional Course in International Inter-American Law for the Countries of the Andean Community

In conjunction with the Institute for International Studies of the Catholic University of Peru, the General Secretariat is going to organize a course during the first semester of the year 2000. The course is entitled: "II Regional Course for the Modernization of International Law: Economic Integration and the Strengthening of Democracy in the Americas. Support for Inter-American Law: Balances and Perspectives".

The course, which will take place in the city of Lima, will be principally designed for international law professors from law schools within the Andean States. This design ensures a multiplier effect as it is anticipated that these professionals will teach the knowledge gained during the courses. It is also expected that these professionals will incorporate those teachings within their respective courses when they return to their countries.

To ensure the broadest participation of professors from the principal faculties of law in the designated sub-region, additional support is being arranged for scholarships that will facilitate the travel of these professionals to the site of the course.

As part of the broad multiplier effect, the lectures and teaching materials presented at this course will be distributed in a publication and incorporated into the Internet page of the OAS, as well as the host academic institution.

Regional Educational Program in Central America Concerning Inter-American Legal Instruments Pertaining to Legal and Judicial Cooperation

The law to be applied needs to be known by those who are sworn to assure its application. For this reason, it is fundamental that the judges in the Member Countries of the OAS know the content and scope of the different treaties and legal instruments adopted within the Inter-American System in the area of legal and judicial cooperation.

Taking into account this realization and the mandates of the General Assembly, the Secretariat has scheduled the development of a program for the "Training of Judicial Trainers" in the countries of Central America.

The course is going to be developed together with the Judicial Training School of El Salvador and its purpose is to train a minimum of forty-five (45) judges and other judicial officials (nine for each Central American country). The content of the training will consist of the scope and practical application of the legal and judicial cooperation instruments that are integrated in the Inter-American Legal System that have been ratified by the majority of the countries participating in the activity.

The course will also promote the exchange of information among the participants concerning the formalities that must be carried out as to the diverse types of requests and forms commonly used in judicial cooperation. It will also foster the creation of a virtual network for the exchange of information among the participating institutions. The institutions will also use this network to make these forms available, in electronic format, to the other members of the network.

It is hoped that the participants will organize and hold a course with a similar content within six months of returning to their respective countries. The use of this approach, usually known "training the trainers" will multiply the scope of this program.

As an incentive to these trainers, the project has provided the financing for this course. Included in this financing is the cost of honoraria for trainers and teaching materials. An effective follow up mechanism will be presented through the national offices of the OAS within each country. The intent of this mechanism is to ensure that the courses effectively achieve the objectives for which they were created.

During the execution of this program, the Department of Legal Cooperation of the Secretariat for Legal Affairs of the OAS, the Judicial Training School of El Salvador and the participating institutions will promote the inclusion of these courses as part of the regular annual curriculum offered by the schools of the participating countries.

At the conclusion of the program, a publication will be produced that will contain the presentations and documents presented during the course. This information will also be placed in the OAS INTERNET page and the corresponding sites for the judicial training schools in the region to ensure the broadest dissemination possible.

Training in Inter-American Legal Instruments Pertaining to Arbitration

During the next year, eight training courses will be held in the area of international commercial arbitration. Of these, one will be a regional course for the countries of Central America that will be developed in San Jose, Costa Rica. The other seven will be national workshops that will take place in Argentina, Brazil, the Dominican Republic, Mexico, Panama, Peru and Venezuela.

This training program will be developed by the Department in conjunction with the Inter-American Commercial Arbitration Commission, the Ibero-American Chambers of Commerce and the Central American Federation of Chambers of Commerce. The program will also have the support of the American Arbitration Association and other institutions.

These courses will continue the efforts initiated with training workshops previously developed in 1998. The courses were organized in conjunction with Inter-American Commercial Arbitration Commission and the Ibero-American Chambers of Commerce. The workshops took place in La Paz (Bolivia), Guayaquil (Ecuador), Asuncion (Paraguay), Bogota (Colombia) and Santiago (Chile).

A fundamental part of this program was the relationship between the training and the legal instruments adopted within the framework of the Inter-American Legal System in this field. These legal instruments included the "Inter-American Convention on Commercial Arbitration", adopted in Panama in 1975 and the "Inter-American Convention on Extraterritorial Validity of Foreign Judgements and Arbitral Awards" adopted in Montevideo in 1979.

Training in Inter-American Legal Instruments Pertaining to Weapons

The Department, in conjunction with the Ministry of Justice and Security of El Salvador, has prepared the first training activity in this area. This activity will also promote the ratification, particularly the incorporation into domestic law and application of the two Inter-American Conventions pertaining to weapons. These conventions are, "Inter-American Convention Against the Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials", adopted in November 1997, and the "Inter-American Convention on Transparency in Conventional Weapons Acquisitions adopted in June of 1999. Also as part of this meeting, participants will receive instruction concerning the Control of the International Movement of Firearms, Their Parts and Components, and Ammunition. This Model Regulation was adopted by the General Assembly through Resolution 1543 of 1998.

Training in International Humanitarian Law

In the development of the resolutions adopted by the General Assembly, the Department of Legal Cooperation and Information, together with the International Committee of the Red Cross and the Ministry of Foreign Relations and Culture of Costa Rica, will to develop a conference. This conference will conduct an in-depth study of international humanitarian law treaties and the Inter-American Conventions related to the protection of persons. It will also promote the incorporation of these international legal instruments into the internal law of the Member States of the OAS.

This program will be directed towards government authorities with specific responsibilities in this field, representing institutions such as the Ministries of Justice, the Interior, and the Foreign Service, as well as national, inter-institutional commissions or committees for International Humanitarian Law.

As a result of this activity, a virtual network will be created whose principal objective will be the exchange of information and the facilitation of cooperation in this field. The studies, presentations, and documents from this activity will be included in a publication and will be electronically disseminated through the WWW pages of the International Committee of the Red Cross, the OAS and the participating institutions.

Training Concerning the Inter-American Convention to Facilitate Disaster Assistance and other Legal Instruments Related to the Prevention of and Attention to Natural Disasters.

Together with the National Emergency Committee (COEN) of El Salvador, the Department will organize a conference for training and promoting the ratification and incorporation into domestic law of the Inter-American Convention to Facilitate Disaster Assistance adopted in June 1991. The Convention was adopted in Santiago Chile within the framework of the Organization of American States.

The exchange of information and experience concerning legislative developments in this area will also be part of this event. The conference will also discuss the basic elements that should characterize a domestic law. This law should allow governments to be able to count on the support of a modern legislation that is effective, efficient and flexible enough to confront the situations that arise with this type of phenomenon. It should also have the institutional structures and norms that have proven to be most effective in this field.

To ensure an ample exchange of experiences, the organizers will be looking for the participation of directors of programs concerning natural disasters in one of the participating countries as well as diverse government and non-governmental entities with experience in this area. They will also be looking for the active participation of organizations and institutions of recognized reputation in this field. These organizations include, among others, the Regional Unity for Latin America and the Caribbean of the Organization of the International Decade for the Reduction of Natural Disasters; the Center for Coordination for the Prevention of Natural Disasters in Central America; the Latin American Network of Social Studies for the Prevention of Disasters; the Regional Information Center Concerning Disasters and the Pan American Health Organization.

 

2. LEGAL INFORMATION

Background

The preservation and dissemination of the legal heritage of the Organization has been a constant concern of the Member States. They have expressed this concern in multiple resolutions that have come from the General Assembly and other organs of the OAS.

The countries have recognized the importance of collective action in the legal field, in the delineation of basic legal principles and in the search for viable legal solutions in a changing international context.

Through the years, within the framework of the OAS, sixty-six Inter-American Conventions have been adopted. These Conventions deal with themes such as the protection of human rights; the adoption of minors; the solution of controversies among states; commercial arbitration; the prevention of violence against women or the fight against distinct types of international crime.

At the same time, it becomes increasingly more evident that one of the comparative advantages of the Organization is in the legal field. From this standpoint, it is clear that the OAS, in addition to its function as a forum for political and technical discussion and a place for the discussion and adoption of Inter-American Legal Instruments, must also increase its work in the dissemination of these instruments. This work must also promote and facilitate of the widespread dissemination of inter-American legal themes.

Recognizing this dilemma, the Secretariat for Legal Affairs has undertaken, in the past, a production of a legal bibliography. This bibliography has allowed, together with the dissemination of the legal activity of the OAS and the text and status of signatures and ratifications of Inter-American Treaties, to obtain and publish the opinions and commentaries of the most distinguished jurists of the region. This was the case, particularly with the Inter-American Juridical Yearbook, discontinued in 1987.

The Secretariat for Legal Affairs has also produced monographs on distinct legal themes and texts that presented, in detail, the legal evolution of the region. Such was the case with the Inter-American System (1981), the recompilation The Inter-American System (1983) that the OAS co-edited with Oceana Publications as well as volumes concerning the various studies of the Inter-American Juridical Committee.

In the area of commercial law, the Secretariat produced the publication Statements of Law on Matters Affecting Business (1990). This publication synthesized the basic legislation in force in the Member States concerning regulations and commercial laws. The Secretariat has also published, in both English and Spanish, a collection of the constitutions of the Member States (1983).

As one can observe by the dates of the publications, during the years 1985 – 1991 the program of publication experienced a very successful period.

However, after 1991, internal restructuring of the Secretariat occurred due to the strain of financial resources. A gradual decrease of the budget allocated to the financing of legal publications occurred. And as a result, a significant and pronounced decline in the number of legal publications was triggered.

As shown by the following graph, the financial resources dedicated to the program of publication shows a decrease of 90.2% in resources of the Regular Fund for the financing of legal publication from the periods 1985 – 1991 and 1992 – 1999.



 

 

Beginning in 1991, this drastic reduction in the budget of the Regular Fund dedicated to the production of legal publications caused a great number of publications produced by the Secretariat for Legal Affairs to be financed with the resources provided from the Rotating Publications Fund or Fund 59.

The program of publications of the Secretariat also has limitation at other levels. From the point of view of production, these documents require the exclusive dedication of a secretary for almost a month charged with transcribing the texts and a legal officer dedicated to the reading and correction of mistakes.

From the point of view of distributing the published document, high costs existed with the mailing of these materials. This fact, coupled with the budgetary limitations caused by the reduction of resources of the Regular Fund, led to both a diminished distribution and audience. As a result, the scope and impact of this information was substantially diminished.

This Program also lacked a dynamic sales system that, at a minimum, should have covered the production costs of these publications. It is trues that a limited number of copies should be distributed free of charge. However, it is also true that one should promote or institute policies that cover the cost associated with distribution.

After a long and profound debate based on proposals presented by the Secretary General in the document Law in the New Inter-American Order, and enriched by the commentaries and support of the Member States, the legal area of the General Secretariat was restructured. This restructuring was a response, among other things, to the decrease in the dissemination in the legal activity of the Organization and the necessity to strengthen this area.

The importance of publications, as a means of disseminating knowledge and discussion concerning Inter-American legal themes, has been well recognized by the General Assembly of the Organization, particularly in the Inter-American Program for the Development of International Law. This Program was approved by the General Assembly that took place in Lima, Peru and in the resolutions adopted in the last two meetings of the General Assembly.

The recent creation of the Department of Legal Cooperation and Information has added to the development of a dynamic and modern program to disseminate legal information. This program proposes, through the use of technological advances, the developments in telecommunications and by the employment of modern techniques for the transmission and exchange of information, to compliment the mandates of the General Assembly and the General Secretariat in the theme of legal dissemination.

Pursuant to the mandate given to the Department in the matter of dissemination, the Department proposes to be both creative and imaginative. This original and imaginative approach refers to the design and use of mechanisms that utilize the multiple opportunities offered by the development of telecommunications technology over the last decade. This technology is designed to confront the challenges of the new millennium.

The Inter-American System of Legal Information: A new age in legal dissemination

The developments that have taken place in the in the field of telecommunications and information; the importance of strengthening and promoting the greatest possible dissemination of the Inter-American Legal System; the limitations on the financial and human resources present in the Department; and the budgetary austerity that confronts the Organization suggest that it is necessary to evaluate and revise the methods traditionally employed to disseminate Inter-American Legal Information.

Throughout this process, the Department of Legal has defined and implemented a new concept for the dissemination of Inter-American Legal Information. This new concept is illustrated within the Inter-American System of Legal Information.

This Inter-American System of Legal Information makes use of the modern technological advances that have taken place in the fields of telecommunications and information technology.

Described below are the basic elements of this new conceptualization of dissemination of legal information, the technological developments that allow for this approach and the three components comprising the system. Also described below are the benefits offered by this system and the advances that have been realized by the Department in the development, execution and enhancement of this new system of legal information.

A New Concept of Legal Information

Major advances in the fields of telecommunications and information have characterized the 1990’s, which has led to the description of the period as the decade of the Internet.

The possibilities that exist today for low cost, international communication, to know other cultures and the ease with which the individual can manage great quantities of information from home is comparable to the industrial revolution of its time.

The global range of the Internet makes it a mechanism for the dissemination of information and a means for the collaboration and interaction of individuals without regard to geographic location.

Studies completed in June and July of 1999 by two U.S. Companies, International Data Corporation (IDC) and the Computer Industry Almanac (CIA) differ as to which of the geographic regions, North America or Europe will dominate Internet use by the year 2005. However, both these studies estimate a similar figure in the number of Internet users, approximately 700 million, by 2005. In other words, the number of Internet users in the world will increase from 196 million (1999) to 717 million by the year 2005.

According to the United Nations, the population of the planet is estimated to be 5.9 billion. Using the figures above it is possible to calculate that, within five years, around 11% of the population will be using the Internet. Using the same estimates by the year 2015 around 23% of the population will have access to the Internet.

The study by the by the CIA also estimates that North America will have 230 million users and Central and South America will have 43.5 million users by 2005. In the United States, a study conducted by IDC estimates that around 60% of adults in the country will be using the network by the year 2003. By that same year the Internet will account for 7% of the Gross Domestic Product of the United States.

The generalized access to the Internet has not only revolutionized the field of information; it has also provided a powerful instrument that is both useful and agile in the general dissemination of information. It is now possible to circulate information among corporations, individuals all over the world in a matter of seconds.

As the number of users has increased, there has also been a significant increase in the quantity of information available. According to a study done by the NEC Research Institute there were already 320 million web pages created.

As the number of users continues to grow, each user is able to find the information they need without leaving their home or office. This fact has totally changed the concept of acquiring collections or printed materials. The recent technological revolution has made it possible to obtain information in accessible formats on line that offers a greater flexibility in its uses and application.

The development of the Internet represents one of the most important challenges ever experienced by editors and producers of this type of material. The amount of information available is enormous. The easy access of information only requires the use of a computer and modem, and has changed the role of libraries. It has even led to the closing of some school libraries in the United States.

The statistics also demonstrate that the Internet has become the cheapest and most efficient means to disseminate information. Governments, universities, international organizations, and private businesses have recognized this fact. Many of these organizations have created web pages as a means to disseminate information. In many cases, this information is only available through the Internet.

Major newspapers have not only included their daily editions on this electronic network; they are increasingly giving access to their clients to information that is only available on-line.

It is becoming increasingly clear that the expansion and consolidation of this new technology has revolutionized the traditional concept of publications.

Not only from the point of view of cost is it more economical to disseminate information using this new mechanism, particularly through the use of electronic methods such as the creation of WWW pages and electronic mail. Use of these means ensures that one will reach the desired audience in an immediate, actual, rapid, efficient and economic manner.

The Legal Bulletin offers a dramatic example of the differences that exist in the cost of producing, editing and distributing publications in traditional manner and in the use of this new technology. As can be seen in the graph below, the costs of producing, editing and distributing this publication using traditional means is US$5.000.00. Using the new alternatives offered by modern technology reduces this cost to $695.00. This figure represents a difference of 86.1% between cost of operation for both systems.



 

It should also be taken into consideration that the scope of a publication done by using traditions means is limited to the number of copies that can be produced. Increasing the number of copies proportionally increases the cost of publication. To the contrary, the electronic distribution of publications has a worldwide reach without any increase in the cost of distribution.

Among the other benefits offered by modern technology is the dramatic reduction of time necessary for the information to reach its destination. Documents sent via international mail can take three weeks on average. However, a publication sent electronically is received within seconds.

These aspects are clearly illustrated in this year’s Report for Human Development of the United Nations: "A document of 40 pages can be sent from Madagascar to Ivory Coast, for example, by messenger in five days at a cost of 75 dollars, by fax in 30 minutes at a cost of 45 dollars or by electronic mail in two minutes for less than 20 cents, and the possibility of sending the same document to hundreds of people at same time without extra cost".

Notwithstanding the continued publication of certain documents in their traditional form, it is more evident that the dissemination of information and news with legal content produced within the framework of our Organization should take advantage of what the Internet offers. Therefore, the OAS should use the Internet and electronic mail as the principle tools in developing this function.

Through the use of these mechanisms one can be assured that governments and their institutions, private businesses and civil society are well informed concerning the actions, decisions and activities of a legal content that take place within the OAS framework. This information can be made available in an immediate manner at the moment it is produced.

Parallel to these advances is the expansion and modernization of databases; the utilization of electronic mail; and the interactions that are made possible through telecommunications. These mediums allow governments, government institutions, private business, national and international organization and civil society to communicate with each other and exchange information in an immediate manner on a grand scale. This communication takes place via an electronic means that is rapid, reliable and secure.

Databases can also be consulted through the Internet thereby making it easy to catalog and store information.

This mechanism also facilitates the function of the General Secretariat, and in particular the Secretariat for Legal Affairs, in serving as the institutional memory for important processes. Such processes include the negotiations prior to the adoption of treaties that comprise the invaluable legal history of the Inter-American System.

The ability to provide a more ample dissemination of this information, at little or no cost to the user, will increase understanding and promote the interest and participation of the general public in themes related to the Inter-American Legal Agenda. Especially those themes that are discussed and developed within our Organizational framework.

The principle elements for the dissemination of legal activities, actions and decisions produced within the OAS framework should be: the use of the Internet and the creations and strengthening of budgetary networks. These elements are supported by the budgetary limitations facing the organization, the scarcity of resources available that can be used in the editing and distribution of documents, and the necessity to make rational use of the resources of the General Secretariat. These all suggest that the use of the INTERNET and the creation and strengthening of the electronic networks should be the principle element for the dissemination of the legal activities, actions and decisions produced within the OAS framework.

In the development of a methodology for the establishment of an efficient and reliable system for the distribution of information care should be taken to ensure that information is diffused in a rapid, advantageous manner at low cost. The development of this system should prepare the Secretariat to assume new responsibilities so as to take advantage of the opportunities and challenges presented by the new millennium.

The Inter-American System of Legal Information: Its Organization and Function

Conception and Progress

The Inter-American System of Legal Information is a mechanism that was created with the objective of obtaining the broadest possible diffusion of Inter-American Legal Themes. This dissemination should also be done in a manner that is economic, agile, efficient and suitable to take advantage of the technology, cyberspace and modern society.

This System proposes the use of modern technological advances, especially those offered by the Internet and electronic mail, for the dissemination of information and the creation and strengthening of relationships with businesses, editors and other institutions. The use of technology and the strengthening of relationships should produce a multiplier effect in legal production as well as in the dissemination of publications.

This System has been developed and enhanced to fulfill the mandates given by the General Assembly to the General Secretariat of this Organization in the Inter-American Program for the Development of International Law.

In this manner the Inter-American System of Legal Information, through the use its three components, offers to support the diffusion of those distinct aspects that make up the Inter-American Legal System. This system includes the Charter of the Organization, the Inter-American Treaties, the resolutions of the General Assembly and the distinct organs of the OAS, the documents of the Specialized Inter-American Conferences and the Meetings of Ministers of Justice. Also included in this system are the decisions with legal content or relevance that are periodically made by the organs of the OAS and those in which the General Secretariat participates.

Components

The Inter-American System of Legal Information is composed of three Programs, which is subdivided into 10 different activities. Each one of these Programs has been carefully designed and crafted with one single objective: to strengthen the various aspects that promote the knowledge, understanding and development of the Inter-American legal activities.

Illustrated in the Graph, is the structure of the Inter-American System of Legal Information.

A detailed description of each one of the Programs and subcomponents of the Inter-American System of Legal Information follows below.

Electronic Dissemination

The dissemination of information through the use of electronic methods is accomplished by the existence and utilization of three methods: electronic pages on the Internet, the electronic transfer of documents, and databases.

Internet Pages

According to recent studies, 320 million WWW pages existed as of April of 1998. The high number of pages demonstrates the importance of the web as a method of dissemination of information by all the sectors of society, both public and private institutions.

The WWW represents an agile and dynamic tool, which has become the most economic and efficient method to disseminate information. Web pages offer its uses the capability to conduct searches and other useful innovations for the attainment of information and educational training. It also allows the opportunity to conduct interactive courses, publish documents in electronic formats, such as journals and bulletins (for other useful and important advantages of the WWW, see section 2.1.).

Finally, it is also possible to create and conduct electronic forums and conferences through the use of electronic pages, which serves as one of the primary advantages of the Internet, i.e., to serve as a means of communication for groups with global reach.

Electronic Mail

The use of electronic mail increases the distribution and dissemination of publications, documents of a legislative and juridical nature, which are produced within the framework of our Organization, and recent juridical developments.

In general, the task to disseminate information through electronic mail is accomplished by two means. The first consists in the dissemination of information by placing the publication, document or relevant legal instrument within the general body of the electronic mail. The second consists in the electronic delivery of the file containing the publication, document or legal instrument as an attachment. Depending on the complexity and size of the file, the recipient of the electronic mail may also receive a brief description of the publication or relevant legal information, and can be referred to a WWW address for a complete description of the text. The technological advances available in electronic mail programs allow its users to reach the transmitted information by links - contained within the body of the letter – with a simple click of a mouse.

To facilitate this task, the Department has elaborated a distribution list, which is still expanding, that to this date is composed of 500 members. The distribution list contains the electronic addresses of all the Permanent Missions before the OAS, and numerous addresses from legislative assemblies or congresses, courts and ministers of justice, the offices of Attorneys and Solicitor General, faculties of law and social science, specialized research centers, specialized libraries and state bar associations.

Electronic mail also provides other applications, which are more sophisticated, but equally as important. One of those applications consists in the newly created communication platform electronic mail establishes between governments and the general public. Traditionally, communications, informational inquiries, and document requests are completed by regular mail, telephone, and by facsimile. Electronic mail has added a new dimension to the availability and possibilities of communication.

In addition, electronic mail permits professionals to participate in group discussions and to be in close contact with colleagues or others with similar interests. This method of communication proves to be a useful instrument for the continued professional development of any professional.

One may or may not actively participate in the above activities, but it is always beneficial to be informed of the latest developments on the relevant field of practice, and to resolve daily affairs.

Further, it is not a requirement to be continually subscribed to a discussion group to rely on electronic mail in search of information or concrete documentation. Users may simply request information occasionally and even informally.

As a result, the existence of electronic discussion groups greatly facilitates the exchange of experiences and information between individuals located anywhere in the world.

The creation of listservs, an automated server system, contributes to the creation and maintenance of group discussions. Listserv serves primarily as a server for the preparation of highly solicited documentation, which provides direct access to the user; who sends electronic messages containing a series of commands. Then, the server automatically responds to the user.

Another benefit of these servers is that they resolve the administrative task of maintaining and updating a distribution list. The server easily allows for subscribers to be added or deleted from a particular distribution list.

In general, a list server is used to discuss a selected topic. A list may be opened or closed, and may or may not have a moderator. An open list allows any individual to subscribe to it, while a closed list requires some type of approval or code. If a moderator is used, he or she decides whether a submitted document is or is not distributed to the subscribers of the list.

The applications of electronic mail allow a double utilization of the benefits it provides. On the one hand, the user can maintain its contact with other professionals and specialists on a given field, and on the other it still provides new electronic services to its user.

However, the aforementioned examples require a more sophisticated and complex service, due to the significant human, technological, and economic investment involved.

Databases

In the dissemination of legal information, there are various databases, some with international reach, which are valuable contributions to legal practice. Ultramodern software, high capacity storage systems, and highly developed search systems support these databases.

Some of these databases may only be accessed through the Internet, and only after paying a subscription or membership fee. Frequently, more databases of legal interest enjoy favorable recognition; such is the case for the database maintained by the Law Library of the Library of Congress of the United States.

WESTLAW and LEXIS/NEXIS are among the major commercial databases related to legal topics, as well as others currently being developed in the technological market about national law of the individual countries.

In this area, it is necessary to promote a stronger coordination and collaboration to ensure the inclusion of the relevant legal principles within the various national laws.

Other aspects to be considered include the tasks associated with the management of Internet resources, as well as other Networks or Databases, currently under operation. The continued development and strengthening of the Internet offer new possibilities, which until now were unexpected.

The relatively low cost associated with the creation of "home pages" and WWW servers has permitted numerous academic, cultural, commercial, and governmental institutions, among others, to establish and conduct services via the WWW.

The quantity of databases related to legal, commercial, and governmental information coupled with the access to the Internet, represent a potential and informative labyrinth, where the user is sometimes left disoriented.

Presented with the above situation, a remarkable task would be to become a qualified guide and organizer to assist the user in selecting the path to reach the most pertinent and relevant information to him or her.

Such task represents a valuable alternative for users who are lost in the cybernetic realm, and is presently being accomplished through the resources of other Networks operating in the Internet. The challenge the task represents is quite complex, for it requires the guide to know, select or analyze the multiple search networks, relevant information, quality and organization of the information, subject matter, and how current is the information. Above all, the guide must present to the user the information in an organized and simple, yet useful, form.

Legal Publications

It is necessary to strengthen and extend the activities developed for the publication of legal instruments. Some of the periodic publications previously published must be reinitiated, such as the Inter-American Juridical Yearbook, to comply with the objectives stated in the Inter-American Program for the Development of International Law. One of the specific objectives is to provide a forum for the most qualified doctrine about the different aspects and subjects of Inter-American law, including existing topics, as wells as new developments within the framework of the new hemispheric agenda.

Other publications must also be reinitiated and created with the objective of creating a place designated for the collection of valuable doctrine dealing with the activities of the Organization.

During the realization of the above-mentioned task, the Department must promote the establishment of commercial agreements with publishers and other institutions, to promote the co-publishing of our legal instruments. The goal is to minimize the costs of production borne by the General Secretariat and to maximize the dissemination of the publications. Also, the Internet and the electronic mail will be used, both in the sales and distribution of the publications.

Electronic Networks

The creation of the proposed networks would establish a series of interconnections, which would allow its members the ability to exercise their faculties at a multilateral scale. More importantly, the interaction would be performed in a safe, reliable, and fast electronic location. The networks would have two components.

A first component would provide its members to debate on line in a safe and private forum, using the Internet as its base. These networks will facilitate the exchange of information and cooperation among its members. Documents would be exchanged between all the members through the simple press of a button.

The second component would present to the general public, via a WWW page, specialized information about the particular topics contained within the network. The information may also be complemented with the possibility of conducting debates from any part of the world via electronic means.

Other applications include the broadcast of live images (feeds) from conferences and meetings, allowing interested groups to "assist" these meetings, without incurring the travel expenses and logistical problems associated with physical attendance.

In the same fashion that networks would be developed for authorities, ministers, magistrates, judges, attorneys, and experts, etc., it would be possible to create subnetworks with different levels of access, that would function in a similar fashion. These subnetworks would offer similar benefits for the exchange and processing of information.

The security measures in place will provide control over the network and how to access a particular network, and will support the creation and maintenance of various levels. It will also serve as a mechanism to monitor the internal and external processes; thereby assuring that only authorized users can enter the system. Different applications offer various levels of security, such as passwords and screens.

A secured screen is a computerized protection of multiple levels, installed between internal networks or within an internal network and the Internet, which offers only one safe connecting point. All data entering the network must go through this lock. The security screen of multiple levels restricts the access to the important information. Codes are assigned to the transmitted data to guarantee that the delivered documents, regardless of their final destination, can only be accessed by the intended user. The codes assigned to the data are created through the use of complex logarithms to protect important data with tracking applications.

One of the principal advantages of this system consists in the high speed by which the activities can be carried out and information can be exchanged. Networks are a permanent and instantaneous communication system, which can be consulted 24 hours a day, seven days a week.

These networks are expected to be extremely dynamic, and self sustained by the work performed by its members.

Advances Attained through the Implementation of the Inter-American System of Legal Information

As previously mentioned, the Department of Legal Cooperation and Information, through the Inter-American System of Legal Information, complies with its mandate to disseminate the legal doctrine and instruments. The dissemination is accomplished in an economical and efficient manner, with a broad reach. A process adapted to the advantages offered by the current technology and modern society.

The advances attained by the Department in the implementation of each of the programs and components of the System are described in the proceeding sections.

Dissemination through the use of Electronic Methods

Dissemination through the use of electronic methods has been completed through the use of electronic pages created in the Internet, electronic mail, and the creation and application of databases.

Internet Pages

The general access and use of the Internet has allowed the Department of Legal Cooperation and Information to place valuable legal information at the electronic reach of the Member States of the OAS, public officials, political leaders, investors, academia, students, political experts, among others. The information presented to the mentioned individuals in regards to the Inter-American legal instruments is precise, accurate and comprehensive, and includes: the updated text of the Charter of the Organization, including the Protocol of Washington; the resolutions of the General Assembly; other documents prepared by the Secretariat for Legal Affairs; the Legal Bulletin; and information about the Internship Program of the stated Secretariat.

Inter-American Treaties

The Department completed the digitalization, verification of the original texts, and final editing of the total Inter-American treaties, approved in the framework of the OAS after 1947, in the Spanish language.

In addition to the texts, the present state of signatures, ratification, reservations, declarations, statements and information transmitted by the States parties to the documents, corresponding to the 264 Inter-American treaties, in English and Spanish.

The Department is also completing the last phase of digitalization, revision, and editing of the full texts of the Inter-American treaties, adopted within the OAS framework in the English language. Currently, half of those documents may be consulted by the Member States and by the general public in the Inter-American System of Legal Information.

Both the search of the texts, as well as the current state of signatures and ratification of the Inter-American treaties can be performed through the use of two different sources: use of the index – classified by year, subject and alphabetical order, and search engine contained at the Department’s web page. Both tools assist the users to obtain the information in the most efficient manner.

This section, especially the state of signatures and ratification of the treaties, is updated the first day of each month.

Also, the section contains valuable links to other databases related to international treaties that exist in the Internet, created and maintained by governments, other international organizations and universities.

Charter of the Organization

The Charter of the Organization of American States is also included in the Inter-American System of Legal Information in the four official languages of the Organization including the Protocol of Washington in December 1992 within the framework of the Sixteenth Special Session of the General Assembly.

Resolutions of the General Assembly

The text of the resolutions adopted by the General Assembly, beginning in 1995, has also been included in this system in both English and Spanish. Also included in this system are resolutions adopted before 1995 that are most frequently consulted.

In addition, the Department has prepared an index that will assist in searching for resolutions adopted at the 1998 General Assembly that was held in Lima, Peru. The index is classified by subject matter.

Themes Related to the Inter-American Legal Agenda

The principal resolutions, documents and plans of action related to larger themes of the Inter-American Legal Agenda are presented in this section. These themes include the promotion of democracy, human rights, economic integration, sustainable development and the fight against corruption.

Within each one of these themes, related legal documents of major importance have been included as well as links to related information. For example, within the theme of the fight against corruption a complete system of information has been developed. This information includes: the Inter-American Convention Against Corruption, the pronouncements of the Summits of the Americas and the General Assembly on the matter, and documents concerning the Symposium for the Enhancement of Probity in the Hemisphere. It also includes studies and resolutions of the Inter-American Juridical Committee, a summary of the work of other organizations in the fight against corruption with links to their respective pages and a compilation of national ethical norms for the for the correct and proper fulfillment of the Public Function.

Programs and Plans of Action

Given the great importance that these programs and plans of action have, this section includes the plans of action adopted at the Summits of the Americas as well as those approved by the General Assembly of the Organization. These themes include hemispheric cooperation to prevent, combat and eliminate terrorism and cooperation to combat corruption.

Model Laws

This section includes the model law adopted within the framework of the Inter-American Drug Abuse Control Commission (CICAD). Also included are the criteria prepared by the Inter-American Juridical Committee for the preparation of legislation in the areas of transnational bribery and illicit enrichment.

National Legal Instruments

Included here is the ability to search, by country, for national legal instruments such as constitutions and commercial and electoral laws among others.

Legal Publications

This section contains the publications that have been prepared by the Secretariat for Legal Affairs and the Inter-American Juridical Committee. In this section, it is possible to obtain access to the complete texts of the different bulletins, books and documents.

The success of this page is reflected in the number of recorded visits from users. It is one of the most visited sites of the Organization. From June 19 to August 16 this page received one quarter of all the hits received by the entire Organization.

This page, which is in the process of expansion, has approximately twelve thousand archives including the links. It can be consulted at:

http://www.oas.org/JURIDICO/english/Publi2.htm.

As has been stated on several occasions, it is hoped that the use of these automated means in the work of the Secretariat for Legal Affairs does not only constitute a mechanism for offering the most efficient service to the Member States and more effective legal dissemination. These means should also allow for a major increase in the productivity of this area and promote the better use of human resources in activities of greater intellectual content.

Electronic Mail

The use of electronic mail permitted a greater diffusion of legal activities and publications. To facilitate the electronic distribution of documents, a distribution list has been created and is being expanded. To date, the list contains 250 members. Already included on this list are representatives of all the Member States, the Permanent Missions of the OAS and the Legislative Assemblies or Congresses of the countries. Also included are Courts, Ministries of Justice, Attorneys General, Faculties of Law and Political Science, specialized research centers private law firms etc.

Databases

At present there are a great number of legal databases. For some years, universities, specialized institutions and commercial businesses have developed these systems. Each time and with increasing frequency more specialized and ultramodern software is used to provide services through these databases.

Just within in the United States, around 600,000 lawyers, judges, professors legislators and law students utilize the legal databases of one of these companies: WESTLAW or LEXIS.

In addition to containing national legislation, these databases include important material concerning the distinct branches of international law.

Recognizing the importance and power of these databases, the Department of Legal Cooperation and Information has proposed promoting consortiums with these companies, universities and research centers to ensure that they include and diffuse the rich heritage of the Inter-American Legal System. These consortia will also promote, through our information system, the use of this valuable material within these databases.

There are many benefits to these types of consortia. First, the consortia will increase the dissemination of the Inter-American Legal System, particularly the treaties and the resolutions adopted by the political bodies of the Organization at the hemispheric and global level.

Second, these databases provide users with high-level search engines where the information is already stored and processed through these extremely sophisticated and advanced systems.

Third, these consortia lessen the cost related with maintaining and acquiring the equipment necessary for the dissemination of legal information.

With these objectives in mind, the Department has already initiated conversations with two companies and with the Library of Congress of the United States.

The establishment of the first of these consortia has been negotiated with WESTLAW. WESTLAW is a well-known company in the field with a database that gives access to more than 600,000 people around the United States.

This database not only includes the jurisprudence and legislation of the 50 states as well as the opinions of federal courts, publications and trials; it is also has an important collection of materials on international public and private law.

The establishment of a consortium of this nature increases the dissemination in the United States. This company has also expressed an interest in expanding their market in the rest of the hemisphere.

A second initiative has been directed towards the establishment of an agreement with LEXIS NEXIS. Towards this end, the Department has also begun negotiations with this company which is comparable to WESTLAW. Both companies compete in the marketplace for the electronic dissemination of legal information. The Department will soon have a meeting with the Director of Government and Legislative Affairs to discuss and explore this possibility.

The third initiative of this nature has been to establish an agreement with the database of the Library of Congress of the United States entitled the Global Legal Information Network (GLIN).

GLIN is a federation comprised of government agencies that contribute and provide national legal information to the database of GLIN. The data is temporarily stored in a central server located in the Library of Congress in Washington, D.C. It can be consulted through national stations (located in the central offices of participating member institutions) and by users of the Library of Congress.

The countries and institutions participating in GLIN include: the World Bank, the Inter-American Development Bank, NASA, Albania, Argentina, Brazil, Korea, the United States, Guatemala, Kuwait, Lithuania, Mauritania, MERCOSUR, Mexico, Rumania, Ukraine and Uruguay. The Republic of Peru requested membership in September of 1999. The countries of Costa Rica, Honduras, Nicaragua, and Paraguay are presently completing the necessary requirements or determining their interest in GLIN as are 6 other countries or institutions from around the world.

Participation in GLIN will strengthen the efforts of the Department in disseminating information within the hemisphere as well as in other countries and institutions around the world.

The Department participated in the Sixth Meeting of the Directors of GLIN that took place in Washington, D.C. from September 14-16, 1999 at the Inter-American Development Bank. During the activities and presentations made at this meeting, the Department also established contacts with Parliamentarians, Deputies, librarians, judges and other professionals charged with the administration of this system in their countries.

Soon the Department will participate in a training session where several its members will be instructed in the use of this database. After the successful completion of the training, the Department hopes to include the Inter-American Treaties and the resolutions adopted within the OAS framework.

The initiatives above are only an example of what the Department has been doing in this area. The Department hopes to increase their efforts over the next several months so as to encourage establishment of these types of consortia with companies and institutions of a similar nature.

Program of Electronic Networks

An electronic information system allows for the simultaneous interaction between persons located in different regions of the world. Its members, using the advances of cyberspace to connect to an electronic page on the WWW where they can select various options: (i) enter chatrooms where participants can engage in dialogue on matters of interest, (ii) provide information, documents or share experiences in a forum which can be open or closed, (iii) ask questions and request information and (iv) establish meetings with other participants in private rooms with the participation of the moderator.

The Department has begun to create networks with characteristics that were mentioned in section 2.2.5 of this document.

A good example in this area is the Inter-American Network of Institutions and Experts in the Fight Against Corruption. The creation of this network was in response to an initiative made by the Secretary General during the Symposium for the Strengthening of Probity in the Hemisphere that took place in Santiago in November of 1998.

The objective of this network is to promote a greater exchange of information and experience in order to cooperate and coordinate actions within the hemisphere in the fight against corruption.

This network, which is in the process of being enhanced and expanded, already has 56 participating public institutions and organizations from civil society representing 19 member countries of the Organization.

Similarly, the Department has begun to compile information, in particular the identification of institutions and experts for the constitution and creation of other electronic networks in matters of international law. These networks will have sub-networks in international public and private law, constitutional law, commercial arbitration and sustainable development.

Program of Publications

The importance of publishing certain legal documents in a traditional printed format continues to be one of the primary responsibilities of the Department.

The legal publications that have been produced in the framework of this Organization are recognized for their excellence and academic value. There are also, without a doubt, an effective mechanism to promote the development, teaching and dissemination of the Inter-American Legal System and its most recent developments.

The Program of Publications has been elaborated within a scheme that allows for the production of bibliography and documents in a clear and timely manner. These publications contribute to the enhancement of the Inter-American Legal System as well as the strengthening of democratic institutions. They also contribute to the development and application of this System.

It is necessary to further strengthen this program through a comprehensive policy that deals with the production, edition, and distribution of documents that assures the academic excellence of the publications. This program should also ensure a greater dissemination of these publications in agreement with the principles of production, editing reproduction and distribution that were set out in section 2.2.4.

Despite the budgetary reductions facing the funds for legal publications, the Department of Legal Cooperation and Information have produced thirteen documents and publications mentioned below. These publications are related to the enhancement of the Inter-American Legal System, the administration of justice, the fight against corruption and Inter-American Treaties.

• Legal Cooperation: A Tool for Enhancing the Inter-American Legal System
• The Inter-American Legal System: A Comparative Presentation of the Inter-American Treaties (1947 – 1999).
• A Comparative Presentation by Country of the Inter-American Treaties Adopted within the Framework of the OAS.
• Three volumes of the Legal Bulletin.
• The Dissemination and Implementation of the Inter-American Convention Against Corruption: Costa Rica.
• The International Fight Against Corruption and the Impact in Venezuela.
• The Inter-American Convention Against Corruption (Spanish, English, French and Portuguese).
• Legal Reform in Latin America: An Unfinished Work.
• Special Edition of the Georgetown University Journal of Law and Policy in International Business.
• Participation in the Periodic Publication entitled Anti-Corruption Responsibility.

It is worth noting that of the total number of documents that have been published, only six have been financed with the regular fund. The remaining were financed by external resources obtained through cooperation projects and activities.

Looking into the Future: Proposals for the Enhancement of Legal information within the framework of the OAS

Consolidation of the Inter-American System of Legal Information

The development and training concerning international law requires a system of information that keeps current as the law develops. Combining its efforts and objectives in order to accomplish the task of disseminating its legal heritage, the Department of Legal Cooperation and Information has continually reevaluated and modified the mechanisms used for the dissemination of information, in accordance with the technological advances previously mentioned. In fact, the Department has adjusted and modernized its traditional concept of dissemination, taking into account the advantages that cyberspace can offer and the demands of a modern society.

Conscious that the interaction between the Programs of Electronic Method, Publications, and Electronic Network would continue the development and training concerning international law, the Department has envisioned the consolidation of the above mentioned programs under an Inter-American System of Legal Information. The consolidation of these programs would increase the efficiency and capacity of the Inter-American System of Legal Information and it would function as a unique system of diffusion.

In order to consolidate this integral program of legal information that has been described in the previous pages, it is important to advance in three largest areas that comprise the Inter-American System of Legal Information as set out the proposals presented below.

Proposals for the Program of Electronic Dissemination

After participating and witnessing the success that the diffusion of legal instruments has obtained by electronic means, the Department proposes to continue the strengthening and expansion of the program of electronic methods in its three main areas in order to insure the ample distribution of this legal heritage.

With more than 700 million Internet users worldwide the estimated by 2005, the placement and storage of legal instruments in the archives and database of the Internet page of the Department will continue to be the most effective method to disseminate the aforementioned instruments.

In order to expand and effectively modernize the information on the Internet, additional resources are required. Some of the most essential resources required include equipment and technical support that sustains, expands, and modernizes the amount of information stored on the internet page, such as a server, hardware, software PDF, HTML, etc.

In addition, the dissemination of information through e-mail will also benefit through the expansion of equipment and technical support. Moreover, it is necessary to update and continue the expansion of the list of subscribers to our publications circulated through e-mail, such as the Legal Bulletin.

Finally, the Department wishes to strengthen the partnership with the databases previously mentioned, GLIN, WESTLAW and LEXIS/NEXIS. The participation with the above mentioned entities will also require the strengthening of equipment and technical support for the continual revision, printing and preparation of the legal instruments in electronic format.

Proposals for the Program of the Inter-American Networks

The interaction and exchange of information between governmental authorities, non-governmental agencies, academic and research centers, civil society organizations and other entities of legal importance need to be supported and nourished.

The Department will continue the task of identifying institutions and experts in different subjects that could participate in the various networks. However, the expansion of resources in equipment and technical support will facilitate and set in motion the virtual networks, in the different areas of the Inter-American Legal Agenda. It is important to note that this program requires technical equipment with superior memory and speed than ordinary systems.

Proposals for the Program of Publications

Based on in-depth and useful conversations with various publication departments of major international institutions like the World Bank, the Inter-American Development Bank and the Council of Europe, the Department has reevaluated its process and method of disseminating publications.

First, the Department is convinced that certain legal publications are commercially viable. These publications would not only increase the quantity and excellence of the publications, but would also generate funds to offset the budgetary reduction and contribute to the creation of new publications. The Department will also work on implementation of a pricing policy for the sale of publications that have greater commercial potential. The marketing of these publications can be done through traditional methods and through the Internet page of the Department.

Second, the Department wishes to resume the printing of various legal publications. In order to achieve this objective, the department will advance in the realization of co-publishing agreements with specialized companies. The Department has contacted various editorial companies that are recently working with international organizations in co-publishing documents such as OCEANA, Oxford University Press, Mundi-Prensa Libros, John Hopkins, the World Bank and Nijhoff.

Co-publishing agreements would reduce publishing expenses and would insure the effective distribution of the publications. In addition, it could generate subsequent funds for the printing of new publications. The funds generated by the publications sold can be directed to a specific fund that would be strictly used for financing future legal publications.

Proposals for the Publication of the Juridical Yearbook

One of the most important publications for the development and training concerning Inter-American International Law was the Inter-American Juridical Yearbook. This document contained the most accredited doctrine of the hemisphere in order to disseminate the various aspects and topics of the Inter-American Legal System and the new developments of the hemisphere. The validity and importance of the legal yearbook is based on the periodic dissemination of the legal development of the Inter-American System. Even though governments, legal institutions and private companies successfully embraced the yearbook, it was discontinued in 1987 due to financial limitations.

By means of various resolutions, and more recently through Resolution AG/RES. 1617 (XXVIII-O/99), the General Assembly requested that the General Secretariat "renew without delay the publication of the Inter-American Juridical Yearbook." The General Secretariat understands the importance and urgency of renewing the above-mentioned publication would require the necessary resources for the completion of this task.

Furthermore, the Inter-American Juridical Yearbook should be renewed as a publication of the utmost excellence and of great academic value, both within the institution and internationally. Its should also be published in both English and Spanish.

To insure the academic rigor of the articles that would be published in the Juridical Yearbook, an Editing Committee would be established. This Committee would be comprised of members who would have the highest academic qualifications.

The objective of the Committee would be to assess the articles that are proposed and recommend those that should be published due to their importance and academic value to the Inter-American International Legal System. Moreover, the Committee will establish procedures for the submission of articles. The articles submitted would compete to be selected and published in the Inter-American Juridical Yearbook.

Second, the Department would renew the publication of the Juridical Yearbook through the possibility of co-publishing with an established publishing company. Due to its content and importance, the yearbook would posses a great commercial value that should be exploited and used for the regeneration of the Publications Program.

Taking into account such commercial value, the Department has begun to explore the possibility of co-publishing with the WESTGROUP editorial company. The WESTLAW Company, previously referenced in Section 2.3.1.2., is a branch of WEST GROUP.

Finally, the Inter-American Juridical Yearbook will be placed within the various databases and on Internet, without prejudice to its publication and distribution under traditional methods, in limited quantities for distribution and sale.

Creation of an Account or Specific Fund in the Program- Budget of the OAS for the Financing of the Inter-American System of Legal Information.

As expressed before, the Internet system facilitates the distribution of information at a very low cost. However, one should rely on a minimum budget in order to insure an adequate performance of Inter-American System of Legal Information as previously expressed in this report to ensure the effective consolidation and operation of this system.

According to estimated figures calculated by the Department of Legal Cooperation and Information, in order to guarantee the publication of pending documents, as well as the adequate functioning of the Inter-American System of Legal Information would require additional resources in the amount of eighty-eight thousand five hundred dollars (US$88,500)

These resources would allow the financing of:

• A Program of Electronic Dissemination - Equipment and technical support to sustain, expand, and update the amount of data stored on the page including a server, related hardware and software (a machine for the database for the WWW, PDF, HTML). These resources would allow for the development and updating of the database, technical coordination and the acquisition of licenses for e-mail.
• Program of Publications- Publication (in conjunction with a publishing company) of the " Inter-American Juridical Yearbook" in a bilingual edition. Also, the publication of Conventions, in the official languages of the OAS, that have not been published: "Inter-American Convention against the Manufacture of and Illicit Trafficking in Firearms, Munitions, Explosives and Other Related Materials"; " Inter-American Convention Concerning Transparency in the Acquisition of Conventional Arms" and "Inter-American Convention for the Elimination of All Forms of Discrimination Against Persons with Disability".
• Program of Networks - Equipment and technical support to maintain the electronic information and the interaction of the participants, including a server, related hardware and software (a machine for the database for the WWW, PDF, HTML). These resources would allow for the development and updating of the database, technical coordination and the acquisition of licenses for e-mail.

The amount requested for the consolidation of the Inter-American System of Legal Information represents 0.10% of the total budget allocated to the Organization, which was approved by the General Assembly in the Program-Budget for the year 2000.