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REPORT ON THE ACTIVITES OF THE DEPARTMENT OF LEGAL COOPERATION AND INFORMATION

DEPARTMENT OF LEGAL COOPERATION AND INFORMATION
SECRETARIAT FOR LEGAL AFFAIRS
GENERAL SECRETARIAT

ORGANIZATION OF AMERICAN STATES
WASHINGTON, D.C., APRIL 1999

INDEX

PRESENTATION

CHAPTER ONE: AREAS IN WHICH THE DEPARTMENT HAS DEVELOPED COOPERATION ACTVITIES

I. ENHANCING THE INTER-AMERICAN LEGAL SYSTEM

A. Preparation of Studies and Analytical Document

1. The Law in A New Inter-American Order
2. The Inter-American Legal System: A Comparative Presentation of The Inter-American Treaties 1947-1997
3. Legal Cooperation: A Tool for Enhancing the Inter-American Legal System

B. Assisting in the Dissemination of the Inter-American Legal System Through the INTERNET

C. Assisting in the Dissemination, Ratification and Implementation of Inter-American Treaties

1. The Inter-American Convention Against Corruption
2. The Inter-American Convention against the Illicit Manufacturing of and Trafficking in Weapons, Munitions, Explosives and Other Related Materials

II. ASSISTING WITH THE INTER-AMERICAN LEGAL AGENDA

A. THE FIGHT AGAINST CORRUPTION

1. Workshops to the Disseminate and Implement the Inter-American Convention Against Corruption
2. Workshop on Combating Bribery in International Business Transactions
3. International Conference on The Role of the OAS in the Fight Against Corruption
4. Inter-American Network of Institutions and Experts in the Fight against Corruption
5. Anti-Corruption Information System
6. Donor Consultative Group in Matter of Responsibility/Anti-Corruption in Latin America and the Caribbean
7. The Status of Criminal Legislation in Relation to the Inter-American Convention against Corruption
8. Global Anti-Corruption Forum

III. ADMINISTRATION OF JUSTICE

A. Judicial Reforms in Latin America: Advances and Obstacles for the New Century

B. Assisting in the Development of Documents for the Meetings of Ministers of Justice

IV. ECONOMIC INTEGRATION AND FREE TRADE

A. Training and the Exchange of Information and Experience Concerning Arbitration in Latin America

B. Arbitration as an Alternative Means for the Solution of Disputes and the Legal Development of the Americas

C. Conference on Resolving Disputes in the Global Marketplace

V. THE LEGAL FRAMEWORK FOR ECONOMIC DEVELOPMENT

VI. INTERNATIONAL HUMANITARIAN LAW

A. Conference on Forced Migrations in Central America and the Caribbean

B. Adaptation of National Criminal Legislation to Norms of International Humanitarian Law

C. Promotion of and Respect for International Humanitarian Law

D. Legal Instruments Against The Manufacture of and Traffic in Weapons, Munitions, Explosives and Related Materials.

VII. LEGAL CONSULTING FOR MEMBER STATES

VIII. COOPERATION WITH OTHER INSTITUTIONS

CHAPTER II: DISSEMINATION OF LEGAL INFORMATION

I. THE INTER-AMERICAN SYSTEM OF LEGAL INFORMATION

II. PROGRAM OF LEGAL PUBLICATIONS

 


PRESENTATION

This document presents a report concerning the legal cooperation and dissemination activities undertaken by the Department of Legal Cooperation and Information of the Secretariat for Legal Affairs.

The document is divided into two parts. The first part of the document presents a description of the programs, projects and activities executed by the Department. The second part of the document refers to the mechanisms utilized in the areas of legal information as well as the activities undertaken in this area.

In the matter of legal cooperation, the Department has participated in 41 conferences, seminars, workshops and meetings concerning the different areas of the Inter-American Legal Agenda to date. Almost 3,000 people have participated in these activities include diplomats, attorneys general, prosecutors, ministers, judges, lawyers as well as representatives of civil society and academia. These participants have come from 24 Member States of the Organization.

The financing of the activities of the Department of Legal Cooperation and Information has been provided by the Organization of American States as well through the support and contributions of other institutions and international organisms. However, the contribution of the OAS represents only 17% of the total cost. National institutions in the participating countries, foundations, NGOs and other international organizations have provided the remaining 83%.

In the field of legal information, the Department has created a system of information, available through the INTERNET, which is comprised of more than 3,500 documents containing information of legal interest.

Each month more than one thousand users from many of the Member States as well as other regions consult this page making it among the top 10% most visited pages of the OAS. Within the substantive areas of the General Secretariat of the OAS, the page receives the greatest majority of visits.

The Department has also developed and disseminated a total of twelve documents related to legal cooperation, the improvement of the Inter-American Legal System, the administration of justice, the fight against corruption and Inter-American Treaties.

As a result of the cooperation projects and activities, the Department has published four books concerning corruption, the administration of justice and the Inter-American Legal System. In addition, the Department has also published the Charter of the OAS and three editions of the Inter-American Convention Against Corruption. The Department also periodically published a Legal Bulletin and participates in one dedicated to the fight against corruption.

The work that has been developed up until now in the area of cooperation as well as in the area of legal information confirms the immense potential that the OAS has in this field. This work also confirms the importance of moving forward on these issues to consolidate and enhance the Inter-American System.

CHAPTER ONE: AREAS IN WHICH THE DEPARTMENT HAS DEVELOPED COOPERATION ACTIVITIES

The Department of Legal Cooperation and Information has developed cooperation projects and activities related to a variety of issues. These issues are the enhancement of Inter-American Legal System, providing assistance in matters related to the Inter-American Legal Agenda, administration of justice, economic integration and free trade, legal and economic development, international humanitarian law and legal assistance to Member States. The content and description of these activities are further developed below.

I. ENHANCING THE INTER-AMERICAN LEGAL SYSTEM

This program is comprised of the following projects: i. The Preparation of Studies and Analytical Documents, ii. Providing Assistance in the Dissemination of the Inter-American Legal System and iii. The Ratification and Implementation of Inter-American Treaties. Each of these areas contributes to the enhancement of the Inter-American Legal System.

A. PREPARATION OF STUDIES AND ANALYTICAL DOCUMENTS

The Department of Legal Cooperation and Information has actively worked on the preparation of studies as part of a long process in which the General Secretariat, the Permanent Council and the Inter-American Juridical Committee have also participated. This process defines in a systematic manner the contribution of the Inter-American Legal System in the regulation of international relations and the formulation of proposals to advance and define the actions that are necessary to improve this system.

In the development of this work, the Department of Legal Cooperation and Information has participated in the preparation of the following documents:

1. The Law in A New Inter-American Order: This document has served as a point of departure in the dialogue concerning the new law that the countries of the hemisphere have demanded and the collective definition of the legal agenda of the Organization for the new millennium.

This working document represents a balance of the contributions of the Inter-American System in the regulation of international relations; analyzes the legal themes for this region; and proposes ways to improve efficiency in the legal field.

The Permanent Council of the Organization and the Inter-American Juridical Committee received The Law in A New Inter-American Order with great interest. The document also received generous recognition from the General Assembly.

2. The Inter-American Legal System: A Comparative Presentation of The Inter-American Treaties 1947 - 1997: One of the objectives of this working document was to advance and promote a systematic process of collective reflection concerning the most important themes of the Inter-American Legal System. These themes include the place of the Inter-American Legal System in the universal legal system that was developed under the United Nations auspices and in the diverse sub-regional frameworks for integration that have been created and consolidated in the Hemisphere.

The document contains a systematic presentation of Inter-American treaties approved since the adoption of the OAS Charter in 1948 and developed under the OAS framework.

More than arriving at conclusions, the document is intended to be an instrument that helps countries to define the type of actions, especially in matter of legal cooperation, that they decide to undertake for the development and enhancement of the Inter-American System.

Comparative charts illustrate the principal areas in which the codification of international law has concentrated. They also show legal production through the years, the status of signatures and ratifications of the legal instruments that comprise this system and identify instruments that are in force.

The Second Edition has been recently finalized.

3. Legal Cooperation: A Tool for Enhancing the Inter-American Legal System: This document was prepared with the objective to move forward in determining areas in which the Department considers that the legal cooperation OAS should be concentrated, their orientation and the principal instruments or mechanisms.

The document defines a plan of work, to be developed and strengthened over the short and medium term, concerning areas of priority and new mandates.

It is precisely the putting into practice of this work plan that the Department of Legal Cooperation and Information has focused the projects, activities and actions of legal and judicial cooperation that has been developed.

B. ASSISTING IN THE DISSEMINATION OF THE INTER-AMERICAN LEGAL SYSTEM THROUGH THE INTERNET

The general availability of INTERNET access and use has not only revolutionized the field of information technology; it is also a powerful, useful and agile instrument for the dissemination of information.

The Department of Legal Cooperation and Information has developed through the INTERNET and the creation of a "World Wide Web (WWW)" page, containing information concerning the distinct components and aspects that form the Inter-American Legal System. This service is available to Member States of the OAS and the general public.

On this page, one can find information concerning all the Inter-American Treaties. In addition to the text of these treaties, the status of ratifications, adhesions, reservations, declarations, denunciations, and information transmitted by the States corresponding to the 264 Inter-American Treaties in both English and Spanish is also included.

The page also contains the text of the Charter of the OAS and resolutions of the General Assembly classified by year and subject matter. In addition, the page provides information concerning documents, recommendation and conclusions of specialized conferences related to the Meetings of Ministers of Justice and other important legal meetings organized by the OAS.

Through this page it is possible to obtain access to other international treaty databases developed by governments, other international organizations and academic institutions.

A system of information specializing in the area of corruption has also been created. This system contains, among other documents, information on the Inter-American Convention Against Corruption, the Inter-American Program to Combat Corruption and mandates of the Summits of the Americas and resolutions of the General Assembly that refer to this theme. This system also contains information concerning the projects and activities in which the General Secretariat has participated in this area.

Since January of this year, this page has received approximately 3,000 visits. This statistic places the site in the top 10% of the pages most often visited at the OAS and, within the substantive areas, this page receives the highest number of visitors.

As has been mentioned on other occasions, the Department is certain that the use of this automated mechanism carrying out the work of the Secretariat for Legal Affairs not only constitutes to more efficiently serve the Member States. It also allows for a major increase in the productivity in this area and the better use of resources.

C. ASSISTING IN THE DISSEMINATION, RATIFICATION AND IMPLEMENTATION OF INTER-AMERICAN TREATIES

As has been recognized by the Member States of the Organization on several occasions, the OAS has a long and recognized role in the creation and production of international legal instruments. The OAS constitutes an important forum where the political will of the countries converges to define Inter-American norms. This forum has allowed for the creation of the rich legal patrimony that is comprised of 64 Inter-American Treaties. The treaties deal with a variety of themes such as international commerce, the prevention of violence against women, the adoption of minors and commercial arbitration.

However, some of the Conventions adopted are not in force throughout the Hemisphere because the process of ratification has not been completed in accordance with the legal requirements of each country.

The adoption of an Inter-American Convention involves considerable effort on the part of governments. This effort is first reflected in the process of discussion and decision-making concerning the suitability of adopting a treaty. Later, it is reflected in a process that includes the preparation of a first draft and the arduous and intense negotiations in perfecting and adopting the final version.

This process is still not concluded. Without the ratification and implementation of the obligations established in a Convention in the national law, this long and costly process of negotiating, improving and adopting these instruments remains without practical application.

The Organization, through its distinct political organs, has a crucial role in each of the phases to adopt Inter-American Conventions. However, after the adoption of these texts, the General Secretariat is often limited to serving as the depository of the instrument and maintaining a register concerning the state of signatures and ratifications.

The enhancement of the Inter-American Legal System, through the drive to ratify and implement the legal instruments that comprise it, constitutes the first and most important challenge in matters of legal cooperation among the countries of the hemisphere.

For this reason, part of the work on which the Department has concentrated concerns the development and implementation of a process of cooperative action to help governments in the area of implementing, in their national legislation, the norms set out in international treaties. These are obligations that they have agreed to through the adoption and ratification of treaties. The Department believes this work represents a line of action that should be amplified and studied in depth.

This work has been started by two projects that are further described below. These projects represent an excellent opportunity to surpass some of the difficulties confronting states in this matter and to improve the cooperative mechanisms through which the General Secretariat can assist countries in this work.

This work has increasingly been shown to be one of the main areas necessary to enhance the Inter-American System.

1. The Inter-American Convention Against Corruption

During 1998, three workshops were held in Costa Rica, Colombia and Venezuela. These workshops addressed and disseminated information concerning the nature, content and scope of the Inter-American Convention Against Corruption.

The activities organized in these three countries had 275 participants representing the public sector, civil society and the private sector. The workshops also had the participation of officials of the highest level and included Presidents of the Republic, presidential advisors, ministers, attorneys general and prosecutors.

This project contributed to the promotion of the efforts of the governments in moving to ratify and implement the norms and principles of the Convention in their domestic legislation according to the constitutional requirements and the dispositions of the national legislation.

2. The Inter-American Convention Against the Illicit Manufacture of and Trafficking in Weapons, Munitions, Explosives and Other Related Materials

The Department of Legal Cooperation, in association with the Center for Peace and Reconciliation of the Arias Foundation and the British American Security Information Council (BASIC) has worked on the design and development of an international conference. This conference will assist countries in the implementation of the Inter-American Convention Against the Illicit Manufacture of and Trafficking in Weapons, Munitions, Explosives and Other Related Material.

These organizations are recognized leaders in the area of research and training in the area of arms control. The Center for Peace and Reconciliation is part of the Arias Foundation for Peace founded by the Nobel Laureate Oscar Arias Sánchez.

As part of the activities of this project there will be a comparative study concerning the status of domestic legislation with respect to the obligations contained in the convention. To date, thirty-two countries have signed the Convention and four have ratified it.

The conference that will take place will serve as a forum for the dissemination of the studies. It will also contribute to the fruitful exchange of experience. Representatives of the Member States, civil society and international experts in this matter will participate. The conference will deal with the content, scope and implementation mechanisms of both the Convention mentioned above and the Draft Convention on Transparency in Conventional Arms Acquisitions in the Americas.

II. ASSISTING WITH THE INTER-AMERICAN LEGAL AGENDA

The Department of Legal Cooperation has been assisting in other areas in which the General Assembly of the Organization, the Permanent Council, the Specialized Conferences and the competent organs of the OAS as well as Presidential Summits and the Meetings of the Ministers of Justice have assigned mandates to the General Secretariat of the OAS.

The work that has been done in this field has been concentrated mainly in assisting countries in the fight against corruption and the area of administration of justice. The Department hopes to expand these activities according to the redefinition of priorities and areas of action in the Inter-American agenda.

A. THE FIGHT AGAINST CORRUPTION

The Inter-American Convention Against Corruption, adopted on March 29, 1996, is the most important legal instrument in the hemisphere to prevent, detect, sanction and eradicate corruption.

The countries have attached a great deal of importance to the fight against corruption. The Heads of State and Government offered their decisive support in this area at the Miami and Santiago Summits. The General Assembly of the OAS also supported these efforts, especially through the adoption of the Inter-American Program to Combat Corruption (AG/Res. 1477 (XXVII-O/97)). Given this background, the Department of Legal Cooperation and Information has designed and developed a program to help countries in the fight against this problem.

One of the principal components of this program is the assistance that is being offered to countries in the adaptation of their legislation to the principles and dispositions of the Convention. The details of this program are explained below.

1. Workshops to Disseminate and Implement the Inter-American Convention Against Corruption.

The general objective of this project is to diffuse the nature, content and scope of the Inter-American Convention Against Corruption. The objective is to also assist in the promotion of government efforts to ratify and implement, in their internal law, the norms and principles of the Convention according to the constitutional guidelines and dispositions of the national legislation.

The methodology of the national workshops promoted, among the participating countries, a better understanding of the principles of the Convention. It also created a forum for discussion and analysis of the scope of their disposition and the possibilities, methods and alternatives for implementation.

Given the success of this initiative, the Inter-American Development Bank and the US-CIDI Fund will finance a project explained in more detail below that will allow for the expansion of this initiative. This initiative will help twelve Member States in adapting their national legislation to the dispositions of the Convention.

2. Workshop on Combating Bribery in International Business Transactions

In conjunction with the OECD and the Government of Argentina, a workshop was organized on combating bribery in international business transactions. The participants discussed in detail the content and scope of the Inter-American Convention Against Corruption and OECD Convention Against Transnational Bribery. In addition to the participation of organizations representing civil society, officials from the World Bank, the International Monetary Fund and the Inter-American Development Bank also attended.

In conjunction with this activity, a working meeting took place in which representatives of the OAS and OECD discussed distinct alternatives for the establishment of permanent cooperative relations and for continued cooperative efforts in this area.

3. International Conference Concerning The Role of the OAS in the Fight Against Corruption

This past October, the Legislative Assembly of El Salvador, the Central American Inter-Parliamentary Commission Against Corruption and Drug Activity and the Salvadoran Institute for Democracy organized an international conference concerning The Role of the OAS in the Fight Against Corruption. The Department of Legal Cooperation actively participated in this event.

Attending this event, in addition to the members of the Inter-American Inter-Parliamentary Commission, were high ranking public officials including the President of the Legislative Assembly, the Attorney General and Chief Prosecutor of the Republic as well as representatives of civil society.

Officials of the Department of Legal Cooperation were also invited to participate in the IV Meeting of the Central American Inter-Parliamentary Commission Against Corruption and Drug Activity. This meeting allowed for an exchange of experience and opinions concerning the activities developed by the two organizations in the fight against corruption and the importance of joining forces in areas of common interest.

4. Inter-American Network of Institutions and Experts in the Fight Against Corruption.

The creation of this network is in response to an initiative of the Secretary General of the Organization that was made during the Symposium on the Strengthening of Probity in the Hemisphere that took place in Santiago in November 1998.

The objective is to promote a better exchange of information and experience in order to cooperate and coordinate actions at the hemispheric level in matters concerning the fight against corruption.

This network, which is the process of improvement and expansion, is already comprised of 56 public institutions and organization representing civil society from 19 Member States of the Organization.

5. Anti-Corruption Information System

This information service concerning the fight against corruption can be consulted through the page maintained by the Department on the INTERNET. The network allows for examination in a systematic and permanent manner, the developments and actions that have taken place in the hemisphere in the fight against corruption.

Documents that can be examined on this system include, in addition to the Inter-American Convention Against Corruption, the Inter-American Program of Cooperation to Combat Corruption and the pronouncements of the Summits of the Americas and General Assembly related to this theme. Other documents include those related to the Symposium on Enhancing Probity in the Hemisphere, the studies and resolutions of the Inter-American Juridical Committee and a summary of the work of other international organizations in the fight against corruption with links to their respective pages. Also included is a compilation of the national ethical norms for the correct and proper execution of public duties.

6. Donor Consultative Group in Matters of Responsibility/Anti-Corruption in Latin America and the Caribbean.

The Department of Legal Cooperation is a member of the Donor Consultative Group in Matters of Responsibility/Anti-Corruption in Latin American and the Caribbean. This group meets quarterly. The September meeting of the Group will be under the direction of the Department.

The objective of this group is to maximize the effectiveness of projects and promote the efficient use of resources in the areas of government procurement, the management of public finances and anti-corruption. This objective is met through the exchange of information among multilateral institutions, bilateral agencies and governments.

Some of the other institutions participating in the Group are the United States Agency for International Development (USAID), the Canadian Agency for International Development (CIDA), the World Bank, the Inter-American Development Bank and the United Nations Development Program.

7. The Status of Criminal Legislation in Relation to the Inter-American Convention Against Corruption.

This project will offer effective assistance to countries in the implementation of the Inter-American Convention Against Corruption. It will develop, for each of the participating countries, a technical research project that will analyze the state of criminal legislation according to the obligations set out in the Convention. These research projects will also identify modifications that may be necessary in this legislation and develop a proposal concerning the content and elements of the text that should be adopted into the national law in order to adapt to the obligations set out in the Convention.

The research projects will allow for assistance to countries in the consolidation of forces interested in fighting corruption through the development and establishment of a modern and uniform legislation according to the criteria and principles of the Convention.

This research will be disseminated, analyzed and enriched by the workshops that will be organized for this purpose. High-level government officials with the power to make decisions in matters related to the fight against corruption, international experts, academics and representatives of civil society would participate in these workshops.

These workshops will allow for the creation of space for the discussion and analysis of specific recommendations. They will promote a dialogue concerning the elements necessary to allow for the establishment of a national strategy to obtain the prompt and effective implementation of the Convention.

Transparency International, the leading International organization representing civil society in this matter, will assist in the preparation of final reports for each workshop. Transparency International will also assist in the dissemination of these reports through the creation of an INTERNET forum. This forum will facilitate the broad dissemination of the research projects and the final reports.

In addition, this forum will also facilitate the follow up and monitoring of this process, in particular the actions begun by governments as a result of this project.

The participation of the principal multilateral organizations as well as government representatives, Transparency International and other organizations representing civil society will allow for the creation and consolidation of networks for the exchange of information and cooperation. These networks will facilitate the establishment and improvement of cooperative relations and the exchange of information among institutions participating in this project. It will also allow for secure and private on-line debates. This secure network will facilitate the exchange of information concerning the politics, programs, and legislation promulgated by governments as part of the implementation process for the Convention.

The consolidation of this network will create a catalytic effect that will stimulate a more extensive debate concerning this matter and facilitate the creation of a consensus on this same theme.

The project will also contribute to promoting the greater participation of the Organization in matters concerning the implementation of Inter-American Treaties. It will also encourage a greater impact in the application of conventions in national legal systems.

The project proposes the application of a new mechanism of cooperation that will assist governments in the complex area of the implementation of Inter-American Conventions.

T4he creation of a Coordinating Committee, comprised of participating institutions- facilitators, executors and sponsors- will be responsible for the coordination and evaluation of the activities of the project. This Committee also represents an innovative mechanism for Inter-American cooperation. The combined work of these organizations and entities will allow for the testing and development of a new form of coordination, execution and evaluation of projects with the combined participation of the public and private sector.

This projects constitutes the most important hemispheric initiative for technical cooperation in the fight against corruption, jointly undertaken by the two regional organization of major importance, the Inter-American Development Bank (IDB) and the Organization of American States.

The research will assist in complying with the mandates arising from the Miami and Santiago Summits and the Inter-American Program of Cooperation in the Fight Against Corruption adopted by the General Assembly of the OAS.

This project will allow assist twelve Member States in adapting their national legislation to dispositions established in the Convention.

8. Global Anti-Corruption Forum

The first Global Anti-Corruption Forum was organized by the U.S. Vice President Al Gore this past February. Delegation from 86 different countries participated in this event. These delegations included presidents, ministers, and high government officials as well as representatives of civil society. The participants used this opportunity to discuss the different aspects related to this problem.

The Director of the Department of Legal Cooperation was one of the panelists at a special session concerning Global and Regional Anti-Corruption Frameworks in the Fight Against Corruption that took place on February 25.

During the closing session of this forum Vice President of the United States Al Gore emphasized the work of the Organization of American States in the adoption of concrete measure to confront corruption in the hemisphere. He also made special mention of the cooperation project developed by the OAS in conjunction with the IDB for the implementation of the Inter-American Convention Against Corruption.

III. ADMINISTRATION OF JUSTICE

A. JUDICIAL REFORMS IN LATIN AMERICA: ADVANCES AND OBSTACLES FOR THE NEW CENTURY

From July 28- 31, 1998, the Department of Legal Cooperation and Information, with the cooperation of the Corporation for Excellence in Justice held an international seminar in Santa Fé de Bogotá, Colombia concerning judicial reform in Latin America. The Tinker Foundation, the Inter-American Development Bank and the World Bank also participated in this event.

Thirty-two panelists from twelve countries and more than 200 people of high professional level from throughout the region participated in this event which allowed for a meaningful debate and professional exchange of experience.

During the conference there was an analysis concerning new elements of justice. There was also several questions posed including the following: How can public institutions, with the assistance of civil society and international organizations respond more effectively to the need for justice for the entire population? How to develop the managerial capacity to formulate and execute policies for judicial administration? How to develop a motivated personnel with high output? How to improve legal and judicial cooperation among our countries to strengthen legal systems in the Americas?

The conference also emphasized the importance that the large-scale reforms of the model of justice in the countries of the region not follow a top down model. It is necessary to be innovative and take into account cultural, organizational and operational changes in such a way so as to develop a system of justice that is attuned to the national reality and social diversity of the countries. In addition, the necessity of being able to count on a coherent, harmonious and transparent judicial systems that reach the citizen and encourage the importance of justice between the state institutions and civil society.

As a result of this event, a book was published entitled: Reformas Judiciales en América Latina: Una Tarea Inconclusa. This book contains the presentations made by the panelists during this event.

B. ASSISTING IN THE DEVELOPMENT OF DOCUMENTS FOR MEETINGS OF THE MINISTERS OF JUSTICE.

The Department of Legal Cooperation participated in the development of a document entitled: Legal and Judicial Cooperation in the Americas that was presented at the First Meeting of Ministers of Justice or Attorneys General of the Americas.

This document provides, to the competent national authorities, an evaluation of the actual state of Inter-American norms pertaining to matters of legal and judicial cooperation.

This document also looks to identify those areas that require the creation of new dispositions and specific mechanisms of cooperation to meet the new challenges and requirements for a modern, dependable and efficient administration of justice in the Americas.

This document was presented at the Second Meeting of Ministers of Justice or Attorneys General of the Americas. The Department of International Law of the Secretariat for Legal Affairs updated the document for this meeting.

IV. ECONOMIC INTEGRATION AND FREE TRADE

The process of integration from the legal perspective has been an object of special attention.

The change in the international reality as a result of the opening and internationalization of the economy has created the necessity, among companies that participate in the trade of goods and services, to look for ways to guarantee the legal security of commercial transactions and the conflicts that can arise.

In this regard, international commercial arbitration has been shown to be an ideal instrument, agile and efficient, to provide this legal security to resolve controversies that can result from trade.

However, within the Americas, there has been limited use of this mechanism as a means of alternative dispute resolution. Such limited use is despite government efforts to be in accord with this new international tendency, through the modernization of their legislation and the ratification of international conventions that regulate international arbitration such as the New York and Panama Conventions.

Recognizing this need, the Department of Legal Cooperation has developed and implemented a program of training to assist the countries in the study, analysis and practical application of this mechanism.

A. TRAINING AND THE EXCHANGE OF INFORMATION AND EXPERIENCE CONCERNING ARBITRATION IN LATIN AMERICA

This project was implemented in association in the Inter-American Commission for Commercial Arbitration (CIAC) and its national chapters.

In this project, 250 prominent lawyers and experts in international arbitration took part. The workshops took place in Bolivia, Chile, Colombia, Ecuador and Paraguay.

This program allowed participants to familiarize themselves with using this mechanism by walking through the different steps of an international arbitration. It also offered participants the opportunity to confront, analyze and resolve matters of both procedure and substance that can arise in international arbitration. Participants also had the opportunity to analyze the possibilities concerning the development of these mechanisms in their national judicial systems.

This project also allowed for the design of a program of dissemination for international arbitration in each of the participating countries.

B. ARBITRATION AS AN ALTERNATIVE MEANS TO SOLVE CONTROVERSIES AND THE LEGAL DEVELOPMENT OF THE AMERICAS

The importance of this theme and the support that has been offered by Centers for Conciliation and Arbitration of the Chambers of Commerce, the Inter-American Commission for Commercial Arbitration (CIAC), the American Arbitration Association (AAA), the Association of Ibero-American Chambers of Commerce and the Central American Chamber of Commerce have made possible the continuation of the training activities initiated last year.

In this new phase, thirteen member countries will participate in the project through the Centers for Conciliation and Arbitration of the Chambers of Commerce.

This project represents a new training model that is more extensive than has been developed in previous cases. This model will take advantage of the experience that the Department has accumulated in this area.

A regional workshop in Central America is planned as well as seven additional workshops in selected countries of the region.

These workshops will train lawyers as well as academics in the most recent developments in this area. These workshops will also serve as a forum that will allow for the diffusion of information concerning the importance of international arbitration as a means for the solving disputes among businesspersons.

The workshops will use demonstration and simulation exercises to promote an interactive learning environment. Such methods have been shown to be more effective than traditional teaching models.

The preparation of materials to be used in the training and the design of these workshops will allow the Centers of Conciliation and Arbitration to periodically offer training courses with similar characteristics. This approach assures the self-sustainability of the project in the short and medium term.

An important component of this project is the training of university professors. With the help of the Center for Arbitration and Conciliation of the Chamber of Commerce in their respective countries, these professors will be able to work on the design, formulation and incorporation of courses on this material at their respective institutions. The participation of these professionals, made possible by the granting of scholarships, will ensure the representative participation of centers of higher education.

One of the other innovative elements of this project is the creation, among participating institutions, of a network for the exchange of information and experience. This network will also assist in the design of periodic training courses that the project proposes to create. It will also help in the development of courses that will be offered by the Universities as a result of these efforts.

C. CONFERENCE ON RESOLVING DISPUTES IN THE GLOBAL MARKETPLACE

The Department of Legal Cooperation and the Inter-American Commission for Commercial Arbitration, in conjunction with the Section on Dispute Resolution of the American Bar Association and other institutions, cosponsored a conference entitled Resolving Disputes in the Global Marketplace. This conference was held in Washington, D.C. from April 2-4, 1998.

The conference brought together distinguished lawyers from different countries to discuss the various aspects of dispute resolution mechanisms.

Topics for discussion included the benefits of adding arbitration clauses to international contracts, the importance of alternative dispute resolution mechanisms as an effective means to reduce judicial caseloads and guidelines for mediation among different cultural groups.

V. THE LEGAL FRAMEWORK FOR ECONOMIC DEVELOPMENT

On October 15-16,1998 a conference was organized in conjunction with Georgetown University entitled: The Role of Legal Institutions in the Economic Development of the Americas.

More than 180 people attended this event including diplomats, professors, jurists and officials from international organizations.

Distinguished panelists included, among others, the Attorney General of Costa Rica, the U.S. Secretary of State for Inter-American Affairs, the U.S Trade Representative, senior officials from the World Bank, International Monetary Fund and Inter-American Development Bank and professors from Georgetown University.

These panelists took the opportunity to examine and analyze topics such as the importance of legal institutions in economic development, the law and the demands of an interdependent economic system and the law, expectation and reality in the marketplace.

The presentations, results and conclusions of the conference are being published in a special edition of the prestigious Georgetown University Journal of Law and Policy in International Business. More than 1,000 people and institutions will receive this publication including, professors, law libraries, law firms, diplomats and lawyers from throughout the world. In addition, this publication will be permanently available through the electronic legal research services LEXIS and WESTLAW. An INTERNET set containing a detailed synopsis of each panel will also be made available through both the Georgetown University and Department of Legal Cooperation web sites.

VI. INTERNATIONAL HUMANITARIAN LAW

Recognizing the importance of International Humanitarian Law, the Department of Legal Cooperation and Information has developed the cooperation activities outlined below.

A. CONFERENCE ON FORCED MIGRATIONS IN CENTRAL AMERICA AND THE CARIBBEAN

The Department of Legal Cooperation and Information, in cooperation with the Open Society Institute and the United Nations High Commission for Refugees, organized a conference on Forced Migrations in Central America and the Caribbean.

In addition to the distinguished panelists, more than 100 people including representatives of international organizations, government representatives, non-profit organizations and academics attended this event.

Throughout the day there was an intensive and wide-ranging discussion that centered on the various types of forced migrations in the Americas. Related issues included the guiding principles for dealing with forced migrations, the various actors that should be involved and the worthwhile experiences and strategies that have been used as well as those that it would preferable not to repeat. There was also an examination of possible alternatives to effectively deal with the problem of forced migrations in the region. In addition, there was a discussion concerning the prevention of crisis situations and to suggest better solutions for the future.

B. ADAPTATION OF NATIONAL CRIMINAL LEGISLATION TO NORMS OF INTERNATIONAL HUMANITARIAN LAW

The Department participated in an Ibero-American conference on this subject matter. The activity brought together individuals with practical experience in matters related to criminal legislation and procedure as they relate to international humanitarian law.

The conference allowed for a meaningful exchange of information concerning the legal aspects and technical legislative questions related to the prosecution of war crimes and some other violations of international law. The conference also provided a guide for recognized authorities in order to facilitate the adaptation of national criminal law in these areas.

The conference also provided information concerning the work of the international ad hoc tribunals and the examination of the statute creating the International Criminal Court. This statute was approved in Rome in June of 1998. The conference also looked at the legislative actions that should have been taken by states in relation to this statute.

C. PROMOTION OF AND RESPECT FOR INTERNATIONAL HUMANITARIAN LAW

In association with the International Red Cross, the Department will organize two conferences. The first conference will take place to coincide with the celebration of the Fiftieth Anniversary of the signing of the Geneva Treaties concerning humanitarian law. The Permanent Missions of the OAS and the other high ranking officials from the Member States of the Organization will participate in this conference.

The second conference will take place with the participation of the countries of Latin America and the Caribbean. The objective of this conference is the promotion, among the participating countries, of the application of the norms included in the treaties dealing with international humanitarian law. The conference will also promote the protection of individual rights in situations of armed conflict and internal violence.

D. LEGAL INSTRUMENTS AGAINST THE ILLICIT MANUFACTURE OF AND TRAFFIC IN WEAPONS, EXPLOSIVES AND RELATED MATERIALS

The Department of Legal Cooperation and Information, together with the Center for Peace and Reconciliation of the Arias Foundation and the British American Security Council (BASIC), have worked on the design and development of a project. This project looks to help countries in the development of legislation as it relates to the illicit manufacture and trafficking in weapons, munitions, explosives and other related materials.

The countries participating in this project will also have the opportunity to discuss and analyze the content and scope of the Draft Convention on Transparency in Conventional Arms Acquisitions.

VII. LEGAL CONSULTING FOR MEMBER STATES

One of the areas in which the Department has begun to work concerns legal assistance to governments in the process of reform and improvement of internal legal instruments.

In accordance with the technical, administrative and financial capacity of the Department of Legal Cooperation and Information it will respond to requests for technical assistance made by the Governments of Member States of the Organization.

This program was initiated with a special project in response to a request from the Government of Colombia for legal assistance in the process of restructuring the State. The aforementioned government will assume all costs related to these services.

VIII. COOPERATION WITH OTHER INSTITUTIONS

As has been noted throughout this document, the Department of Legal Cooperation and Information has been working very closely with a large number of institutions, international organizations, foundations and academic centers in the development of projects and activities.

Among the international institutions that the Department has worked with the Inter-American Development Bank, the World Bank and the United Nations High Commission for Refugees and the OECD are particularly noteworthy.

The Department has also received assistance from government and academic institutions from the Member States. These institutions include the Office of Attorneys and Solicitors General, Ethics Commissions, Chambers of Commerce and Universities. Development agencies and foundations have also supported the work of the Department.

The projects and activities that have been developed have had the support of recognized foundations, associations and research centers. In particular, this support has come from the Tinker Foundation, the Carter Center, the Open Society Institute, the Center for Peace and Reconciliation of the Arias Foundation, the Inter-American Commercial Arbitration Commission, the Ibero-American Chambers of Commerce, the Association of Central American Chambers of Commerce, Transparency International and the American Bar Association.



CHAPTER TWO: DISSEMINATION OF LEGAL INFORMATION

The activities concerning the dissemination of legal information undertaken by the Department contain distinct aspects of the Inter-American Legal System. These aspects include the Charter of the Organization, the Inter-American Treaties, the resolutions of the General Assembly and the distinct political bodies of the organization. They also include the documents of Specialized Inter-American Conferences, the Meeting of the Ministers of Justice as well as the decisions with a legal content that are periodically taken by the organs of the OAS and in which the General Secretariat participates.

This work is principally done through the two programs that are mentioned below: the Inter-American System of Legal Information and the program of legal publications.

I. THE INTER-AMERICAN SYSTEM OF LEGAL INFORMATION

The general access and use of the INTERNET has not only revolutionized the field of information systems, it is also a powerful tool that is useful and quick in the dissemination of information.

Public opinion polls taken this past March show that this network has a number of worldwide users that is estimates to be between 163 and 180 million people. Thirty percent of the total population of the United States is connected to the INTERNET and in Latin America 8.5 million users form part of this rapidly growing network that is becoming the principal means of communication for a modern society.

As the number of users has grown there has been a corresponding significant increase in the quantity of information available on this network. According to Internet Index, until April 1999 320 million pages had already been created.

These statistics demonstrate that the INTERNET has become the cheapest and most efficient method for the dissemination of information. Governments, universities, international organisms and private business have recognized this fact. Representative from all these groups has created pages to disseminate information. In many instances this information is only available on the INTERNET.

Major newspapers have not only placed their daily editions on this digital network; they have also, with increasing frequency, have sent clients to their WWW pages that contains more detailed information available only through this means.

It is becoming more evident over time that this medium to disseminate information has also revolutionized the traditional concept of publication. Publishing in this manner is the most economic means. Moreover, the use of electronic methods such as pages created for the WWW and electronic mail puts within power of the user the ability to immediately, rapidly, efficiently and economically reach the audience that it wishes to inform.

The incorporation of these new concepts in the in everyday life has forced the Department to undertake a re-evaluation of the mechanisms for the dissemination of legal information. The Department must adapt and modernize the traditional concept of information to take advantage of the opportunities that cyberspace offers and the requirements of a modern society.

Without detriment to the continued publication of some documents in the traditional manner, it is each day more evident that the Organization should take advantage of this new technology. The dissemination of information and news with legal content that this Organization produces should use the INTERNET and electronic mail as the principal tools in the development of this function.

In this manner, governments, government institutions, private businesses and civil society will be able to stay informed concerning the actions, decisions and activities of a legal nature taken by the OAS almost at the same time the information is produced.

The budgetary limitations facing the Organization, the spending of limited resources in the editing and distribution of documents and the need to make a rational use of resources suggest that the INTERNET should be the principal mechanism for the dissemination of the activities, actions, and decisions of a legal nature produced under OAS auspices.

With this in mind, the Department of Legal Cooperation and Information has created the information service that has already referred to and is entitled the Inter-American System of Legal Information.

This System contains a list of electronic addresses of institutions from the public and private sectors and from civil society from the 34 Member States that comprises an electronic archive of subscribers. This archive, still under expansion, disseminates important legal information.

Institutions in this archive include courts of justice, legislative assemblies, the offices of Attorneys and Solicitors General, Ministries of Justice, bar associations, faculties of law, social science and international relations and NGO's from the 34 Member States. Also included in this archive are the Permanent Missions of the Member States of the OAS, officials of the General Secretariat and other international organisms.

The dissemination of the legal information is made possible through two main mechanisms. The first is the INTERNET page created by the Department. The second is the use of electronic mail. Regarding the latter, information reached the user in two ways. The first of these includes the information placed in the body of the electronic mail. The second provides general information concerning the document, activity, or decision and direct the user to an address on the WWW that they can consult for more details.

In this manner, the Department of Legal Cooperation and Information fulfills the goal of disseminating information in an economic, agile, efficient and far reaching manner. This approach adapts the concept of dissemination to the advantages offered by modern society and technology.

II. PROGRAM OF LEGAL PUBLICATIONS

The Department of Legal Cooperation and Information has developed a total of twelve documents related to legal cooperation, the enhancement of the Inter-American Legal System, the administration of justice, the fight against corruption and Inter-American Treaties.

In addition, the Department has published the Charter of the OAS and three editions of the Inter-American Convention Against Corruption.

Among these periodic publications, the Department has also published the Legal Bulletin and participates in another dedicated to the theme of the fight against corruption.

Listed below are the 12 documents and publications produced by the Department.

i. Legal Cooperation: A Tool for Enhancing the Inter-American Legal System.

ii. The Inter-American System: A Comparative Presentation of The Inter-American Treaties (1947-1997).

iii. Comparative Presentation by Country of the Inter-American Treaties Adopted Within the Framework of the Organization of American States.

iv. Legal Bulletin (Volumes I and II).

v. The Dissemination and Implementation of the Inter-American Convention Against Corruption: Costa Rica.

vi. The International Fight Against Corruption and the Impact in Venezuela.

vii. The Inter-American Convention Against Corruption (Spanish, English, French and Portuguese).

viii. The Inter-American Convention Against Corruption (Spanish and English).

ix. The Inter-American Convention Against Corruption (Spanish and English: 2d Edition)

x. Legal Reform in Latin America: An Unfinished Work.

xi. Special Edition of the Georgetown University Journal of Law and Policy in International Business.

xii. Participation in the Periodic Publication entitled Anti-Corruption Responsibility.

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