AG/RES. 1922 (XXXIII-O/03)
FOLLOW-UP ACTIVITIES ON THE MODEL INTER-AMERICAN LAW ON
SECURED TRANSACTIONS AND THE UNIFORM THROUGH BILLS OF LADING
FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD
(Adopted at the fourth plenary session held on June 10,
2003)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to
the General Assembly (AG/doc.4156/03 add. 3), in particular
as it pertains to the Inter-American Specialized Conference
on Private International Law;
CONSIDERING:
That CIDIP-VI, which took place in Washington, D.C., from
February 4 to 8, 2002, adopted the Model Inter-American Law
on Secured Transactions (CIDIP-VI/RES. 5/02) and the
Negotiable and Non-Negotiable Inter-American Uniform Through
Bills of Lading for the International Carriage of Goods by
Road (CIDIP-VI/RES. 8/02), and decided to continue work on
the topic of Applicable Law and Competency of International
Jurisdiction with Respect to Extra-Contractual Civil
Liability (CIDIP-VI/RES. 7/02);
That CIDIP-VI, in these same resolutions, and the General
Assembly, in resolution AG/RES. 1846 (XXXII-O/02),
encouraged member states to take advantage of the
achievements of CIDIP-VI by adopting laws and practices
consistent with the documents it had adopted;
That the General Assembly, in this same resolution,
reiterated the calls by CIDIP-VI for broader consultation
with member states and requested that the Permanent Council,
with the assistance of the General Secretariat, organize
consultations of governmental and nongovernmental experts to
discuss the resolutions adopted at CIDIP-VI,
institutionalize mechanisms for such consultations, and
report the results of these efforts to the General
Assembly;
That the General Assembly, in the same resolution, the
Permanent Council, in resolution CP/RES. 815 (1318/02), and
the member states, in resolution CIDIP-VI/RES. 7/02,
instructed the Inter-American Juridical Committee to prepare
a report on the topic of Applicable Law and Competency of
International Jurisdiction with Respect to Extra-Contractual
Civil Liability and to support the consultations of
governmental and nongovernmental experts on that topic; and
That the General Secretariat of the OAS and the Secretariat
of the International Institute for the Unification of
Private Law (UNIDROIT) established collaborative relations,
with particular emphasis on cooperation in matters of
private international law (OEA/Ser.D/V.25/72); that there is
a need to coordinate efforts in the promotion and
implementation of OAS and UNIDROIT instruments to foster
greater success and prevent duplication of efforts; and that
UNIDROIT, having recently approved the Cape Town Convention
on International Interests in Mobile Equipment and the
protocols thereto, has expressed interest in working with
the General Secretariat in a joint implementation effort
concerning the Model Inter-American Law on Secured
Transactions,
RESOLVES:
1.To instruct the General Secretariat to facilitate
consultations with groups of experts and develop mechanisms
and strategies for follow-up on the promotion, adoption, and
implementation of documents approved at CIDIP-VI and for
fostering broader consultation among member states.
2.To instruct the General Secretariat to provide assistance
to member states that have requested it and are engaged in
enacting legislation consistent with the Model
Inter-American Law on Secured Transactions and/or
encouraging the use of the Negotiable and Non-Negotiable
Uniform Through Bills of Lading for the International
Carriage of Goods by Road.
3.To instruct the Permanent Council, with the assistance of
the General Secretariat, to coordinate and cooperate with
UNIDROIT on the joint promotion and implementation of the
Cape Town Convention on International Interests in Mobile
Equipment and the protocols thereto, on the one hand, and
the OAS Model Inter-American Law on Secured Transactions, on
the other, and to explore joint efforts with other
international organizations engaged in drafting related
instruments, including the Hague Conference on Private
International Law, the United Nations Commission on
International Trade Law (UNCITRAL), the Inter-American
Development Bank, and the International Civil Aviation
Organization, among others.
4.To request the Permanent Council to report to the General
Assembly at its thirty-fourth regular session on the
implementation of this resolution, in accordance with
resources allocated in the program-budget of the
Organization and other resources. |