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The Sixth
Inter-American Specialized Conference OF Private
International Law
At the conclusion of CIDIP-V, Member States suggested the
eight topics above as those of pressing concern in private
international law in the Hemisphere. After several years of
discussion, and several formal and informal meetings of
experts, the number of topics that will be considered at
CIDIP-VI has been pared by Member States down to three.
However, an examination of the full list of suggested topics
from CIDIP-V indicated that Member States showed a clear
inclination in future CIDIPs to deal with issues related to
business law, international trade, and international
economic law. The trend in CIDIP topics thus seems to be a
movement away from a focus on traditional areas of study in
private international law, and the resolution of conflicts
in laws, toward a regional harmonization exercise.
The Sixth Inter-American Specialized Conference on Private
International Law (CIDIP-VI) was convoked by the General
Assembly of the Organization of American States at its
twenty-sixth regular session, through resolution AG/RES.1393
(XXVI-O/96).
A year later, in an effort to narrow the issues to be
considered at CIDIP-VI, the General Assembly, through
resolution AG/RES.1472 (XXVII-O/97), urged the Permanent
Council to continue its study of the agenda items for CIDIP-VI,
and urged Member States to provide their comments and
observations on the draft agenda.
Ultimately, the draft agenda for CIDIP-VI was adopted by the
General Assembly at its twenty-eighth regular session,
through resolution AG/RES.1558 (XXVIII-O/98), in which the
General Assembly also instructed the Permanent Council to
convene a meeting of experts designated by Member States to
define the scope of the agenda items and to begin the
preparatory work for CIDIP-VI.
On October 21, 1998, the Permanent Council through
resolution CP/RES.732 (1173/98) convened a Meeting of
Experts on CIDIP-VI. The results of that meeting, held in
December 1998, were published as document RE/CIDIP-VI/doc.9/98.
In accordance with the mandate from the General Assembly,
the Permanent Council, through resolution
CP/RES.744(1185/99), approved the following draft agenda for
CIDIP-VI, which was later approved by the General Assembly
(AG/RES.1613 (XXIX-O/99):
I. Standardized commercial documentation for international
transportation, with special reference to the 1989
Inter-American Convention on Contracts for the International
Carriage of Goods by Road, with the possible incorporation
of an additional protocol on bills of lading.
II. International loan contracts of a private nature, in
particular, the uniformity and harmonization of secured
transactions law.
III. Conflict of laws on extracontractual liability, with an
emphasis on competency of jurisdiction and applicable law
with respect to civil international liability for
transboundary pollution.
Work on these topics was begun by three working groups
established at the Meeting of Experts convened at OAS
headquarters in Washington DC from February 14-18, 2000
pursuant to the provisions of AG/RES.1613 (XXIX-O/99) and
CP/RES.744 (1185/99). Chairs of each of these working groups
were named at the Meeting of Experts, the Report on which
was published as REG/CIDIP-VI/doc.6/00 corr.2.
The U.S. Chair of the working group for Topic I prepared the
draft Inter-American Uniform Through Bill Of Lading For The
International Carriage Of Goods By Road, CIDIP-VI/doc.5/02.
The co-chairs of the working group for Topic II, the U.S.
and Mexico, prepared the draft Model Inter-American Law on
Secured Transactions, CIDIP-VI/doc.4/02. The Chair of the
working group for Topic III, Uruguay, prepared the draft
Inter-American Convention On Applicable Law and Proper
International Jurisdiction In Matters Of Civil Liability For
Cross-Border Pollution, CIDIP-VI/doc.8/02.
The General Secretariat, through its Secretariat for Legal Affairs (SLA), prepared the technical and informative documents
and provided Secretariat services to the Conference, as well
as the CIDIP background document, CIDIP-VI/doc.11/02.
The Permanent Council assigned its Committee on Juridical
and Political Affairs the work of preparing and coordinating
the documents to be used in CIDIP-VI.
The Inter-American Juridical Committee prepared a report on
“CIDIP-VII and Beyond,” CIDIP-VI/doc.10/02, based on
responses to a questionnaire it circulated to a broad range
of academics, jurists, and legal experts from throughout the
Americas.
The CIDIP-VI was finally held at OAS headquarters in
Washington DC on February, 2002 and adopted the following
international instruments: the Model Inter-American Law on
Secured Transactions, the Negotiable Inter-American Uniform
Through Bill of Landing for the International Carriage of
Good by the Road, and the Non-Negotiable Inter-American
Uniform Through Bill of Landing for the International
Carriage of Good by the Road. |
