Organization of American States



PRESENTATION OF THE ANNUAL REPORT OF THE INTER-AMERICAN JURIDICAL COMMITTEE BY ITS CHAIR, DR. RUTH CORREA PALACIO, TO THE COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS ON MAY 14, 2020(Document prepared by the Department of International Law)IntroductionOn Thursday, May 14, 2020, the Chair of the Inter-American Juridical Committee, Dr.?Ruth Correa Palacio, gave a presentation, transmitted from Bogotá, Colombia, of the annual report on the activities of the Inter-American Juridical Committee in 2019 to the Committee on Juridical and Political Affairs, which held a virtual meeting due to the Coronavirus (COVID-19) pandemic. Her oral presentation is a summary of the Annual Report published as document CP/doc.5600/20, available at: in Spanish, and at: in English. The meeting was chaired by Ambassador Carlos Alberto Játiva, Permanent Ambassador of Ecuador to the OAS, and attended, via streaming, by representatives of the following 23 permanent missions to the OAS: Antigua and Barbuda, Argentina, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Guyana, Honduras, Mexico, Panama, Paraguay, Peru, Saint Lucia, Trinidad and Tobago, United States, Uruguay, and the Bolivarian Republic of Venezuela.II.Presentation by Dr. Ruth Correa PalacioThe Chair of the CJI began by mentioning the two legal instruments adopted by the Committee in the past year: a Guide to the Law Applicable to International Commercial Contracts in the Americas and a Proposed Model Law 2.0 on Access to Public Information drawn up pursuant to a General Assembly mandate.She explained that the Guide, adopted in March 2019, puts forward recommendations designed to promote harmonization of laws governing commercial contracts based on progress made in this field since adoption of the Convention of Mexico in 1994 and is drafted in such a way as to be applicable in all OAS member states, regardless of their legal regime. She also reported on the efforts undertaken by the Juridical Committee and its technical secretariat, the Department of International Law, to promote the Guide and the recognition accorded it by prestigious institutions specializing in international contracts.She then went on to underscore the benefits of the "Proposed Model Law 2.0 on Access to Public Information," adopted in March of this year, which draws on the experience and best practices of States and is geared, inter alia, to providing better protection for the population as a whole, making public administration more transparent, promoting investment, serving as a guide for the bodies responsible for guaranteeing the right of access to information in our Hemisphere, and potentially contributing to efforts to combat corruption, while enhancing the exercise of democracy. The Chair of the CJI explained that the Proposal was the fruit of updates contributed by the Department of International Law and that it had been sent to the Permanent Council for consideration and adoption by the General Assembly.Regarding the CJI's current agenda, Dr. Correa outlined the 12 items on it and pointed out that three of them had been prompted by the General Assembly: "Electronic Warehouse Receipts for Agricultural Products," "Protection of Personal Data," and "The Use of Fireworks, for either personal use or in mass firework displays." At that point, she respectfully invited the States to respond to the Committee's questionnaires and queries concerning "Binding and Non-Binding Agreements" and "Cyber-security," so as to take as many State's opinions as possible into account, in each case.The Committee Chair then mentioned the efforts made, with the support of the Department of International Law, to promote the Committee's work via the website. As a result, the work of the Committee can now be accessed online, including its annual reports, progress with rapporteurships under way, which are now open to the public, as well as all the international law courses. She reported that over the past year almost 14,000 documents in Spanish had been downloaded from the website.Concerning the annual International Law Course, she drew attention to the fact that, for the second year running, the Committee had not received the funding that, in the past, had provided grants for students to attend the course, who now had to finance their presence and participation themselves. The Course was conducted in the law faculty of the Universidade Federal do Rio de Janeiro, attended by 43 students from 14 countries in the Hemisphere. With respect to the Committee's budget, the Chair voiced her concern regarding the lack of a Committee Secretary position and kindly requested that the budget agreed on be maintained this year, as it represented the minimum required to hold two sessions a year. The Committee Chair ended her presentation by reiterating the CJI's intention to continue working in the best interest of States through contributions to the region in line with the legal agenda of the OAS. Encouraged by experts' appreciation of the two non-binding instruments that the Committee is making available to States and by the interest shown in the Committee's work by international organizations specializing in international law, Dr. Correa reaffirmed the readiness of the members of the Committee to continue contributing to the progressive development and codification of international law. III.Consideration of the Annual Report of the Inter-American Juridical Committee in light of the presentation by Dr. Ruth Correa Palacio The Chair of the CAJP thanked Dr. Ruth Correa for her presentation and the presence of the Department of International Law in its capacity as Technical Secretariat of the Committee. That acknowledgment of the Committee Chair's presentation was repeated by all those who took the floor during the virtual meeting.The delegation of Ecuador stressed the importance of the items on the CJI agenda for both the region and Ecuador. The delegate explained that Ecuador had replied to both of the Committee's questionnaires (the one on "binding and nonbinding agreements" and the one on "cyber-security") and had, furthermore, submitted comments on four items addressed in the Committee's 2019 report: protection of personal data, access to public information, application of the principle of conventionality, and cyber-security (a subject for which a meeting with the rapporteur had been requested to facilitate the identification of rules and, possibly, the development of a "national concept"). With regard to Proposed Model Law 2.0 on access to public information, the delegation said it was awaiting a decision by the Permanent Council. Finally, the delegation expressed its appreciation of the contributions to the Committee by Dr. Salvador Crespo, a Committee member who is also currently Procurator-General (Procurador General) of the Republic of Ecuador.The delegation of Mexico took note of the Committee's report and of the CJI's dynamic agenda, despite budgetary constraints. The Ambassador of Mexico to the OAS congratulated the CJI and its Chair on the latter's election as the first woman ever to chair the Committee. She said that her election echoed the feminist approach espoused by her country's Ministry of Foreign Affairs and urged States to foster substantive equality when it comes to submitting candidacies for the next elections in the Committee. She also called for boosting the Committee's budget as a matter of priority in keeping with the level of responsibility vested in the body charged with the progressive development and codification of the system. Regarding the Committee's agenda, she underscored its initiative of working on diplomatic asylum and the updating of its approach to application of the principle of conventionality. She applauded the practical dimension and contribution to the protection of citizen's freedoms made by the Proposed Model 2.0 on Access to Public Information, which deserved the Organization's support. Finally, she called for the full budgetary backing needed to guarantee the Committee's technical autonomy and impartiality.The delegation of Chile paid its respects to the Committee Chair and thanked her for her dedication and commitment. The Chilean Ambassador to the OAS said that the report was a major contribution to States which not only identified areas to be examined but also came up with options for addressing current challenges in international law. As examples of its achievements, he singled out the fact that the Guide to the Law Applicable to International Commercial Contracts in the Americas fosters economic integration and itself helps harmonize rules, while the Proposed Model 2.0 on Access to Public Information is especially relevant today. He added that he would be remitting comments by his delegation regarding "binding and non-binding agreements" and the "protection of personal data." Finally, he mentioned the General Assembly mandate asking the Committee to draft a model law, which was originally a Chilean initiative, on the "Use of Fireworks, for either personal use or in mass firework displays," in view of the positive impact of regulations in his country, which ban the sale and use of fireworks and establish rules governing firework displays based on safety requirements. On this topic, mainly geared to protecting children, he suggested that the Committee conduct a comparative study and that it send out a questionnaire to get a better grasp of the situation in the OAS member states.The delegation of the United States thanked the Chair for her leadership during the Committee's very productive past 12 months. It pointed out that the United States keeps close track of the Committee's work and will submit comments on each item on the Committee's agenda, as work progresses. It also congratulated the Committee on its report on international commercial contracts. As regards the Committee's work on binding and non-binding agreements, the delegation asked for an extension, over and beyond the two months proposed for submitting comments, to enable it to conduct a conscientious review of the rapporteur's work, given the scope of that work and due to the delays caused in ministries of foreign affairs by the Coronavirus, irrespective of the current rapporteur's mandate, which is due to expire. Regarding the subject of access to public information, the delegation said it would be remitting its comments and concerns, for instance with respect to practical aspects of the Model's implementation, which could overwhelm systems and end up being counterproductive to its goal of enhancing transparency. In that connection, the delegation of the United States announced its intention to request, in the Permanent Council, that said instrument be debated in the Committee on Juridical and Political Affairs, and that amendments be permitted to the document adopted by the Inter-American Juridical Committee prior to its referral to the General Assembly. Concerning the cyber-security item, the delegation urged the CJI to stick to the original goal of ascertaining the stances of a larger number of States and providing an opportunity to those who have not yet replied to the questionnaire, with a view to promoting transparency and refraining from expanding this project outside the region or attempting to synthesize States' positions, before eliciting the responses of other member states. Notably, the delegation appreciated the identification of challenges to legal and technical capacities. On another tack, the delegation recalled that three vacancies will occur this year on the Committee, one due to the departure of Professor Duncan Hollis of the United States, who, despite ongoing backing from his country, will step down when his term ends. The delegation accordingly announced that the United States would in due course present the candidacy of a qualified expert in the field. Finally, the United States delegation expressed its appreciation of the Committee's dialogue with legal consultants and said it trusted that such an (in-person or virtual) encounter could take place this year. The delegation of Costa Rica stressed the issue of parity in the composition of OAS bodies and activities and applauded the presence of Dr. Correa, as the first-ever women Chair in the history of the Committee. The delegation also called upon States to respect parity in the nomination and election of future members of the Committee. Regarding the matters examined by the Committee, the delegate said that Costa Rica was interested in capacity-building vis-à-vis cyber operations and in initiatives involving the development of internal rules and regulations for tackling cyber threats. Under the current circumstances imposed by the Coronavirus (COVID-19) pandemic, the delegate urged the Committee to lend assistance based on the contributions made to humanity by public and private international law.The delegation of Colombia transmitted its congratulations to the Committee and took note of the instruments adopted over the past year, such as the "Guide to the Law Applicable to International Commercial Contracts in the Americas" and the "Proposed Model Law 2.0 on Access to Public Information" and singled out the progress being made in the current agenda, for instance with respect to "binding and non-binding agreements" and "cyber-security." The delegation highlighted the work of the Committee Chair, Dr. Ruth Correa, and her career in her home country and in the international arena. It pointed to the historical contributions made by the Committee and the important role that the CJI and other institutions specializing in internal law can play to respond to the crisis afflicting the world today. Accordingly, it issued a call for ongoing political and financial support for the work of the CJI and for that work to focus on issues rooted in its historical contributions that strengthen the rule of law in the Hemisphere.The delegation of Brazil congratulated the Committee on its work and said it was an honor to host the Inter-American Juridical Committee in Rio de Janeiro. It emphasized the historical importance of its work and underscored the adoption of the "Guide to the Law Applicable to International Commercial Contracts in the Americas." The delegation invited States to increase the Committee's budget in view of its major achievements. The delegation of the Dominican Republic acknowledged the Committee's work and pointed out the importance of the "Guide to the Law Applicable to International Commercial Contracts in the Americas." With respect to the Committee's current work of particular interest to the delegation, the delegate applauded the progress made on “cyber-security" and "protection of personal data." Finally, the delegation congratulated the Committee on the usefulness of its inclusion of the agenda item "Electoral fraud as an international crime in the inter-American system."In his capacity as Chair of the CAJP, Ambassador Carlos Alberto Játiva took note of the presentation of the 2019 Annual Report of the Inter-American Juridical Committee by its Chair and of the comments made by the delegations. He said they would be transmitted to the Permanent Council and then remitted for consideration by the General Assembly at its fiftieth regular session. He proposed ensuring ample dissemination of the two documents recently adopted by the Committee: the Guide to the Law Applicable to International Commercial Contracts in the Americas and the Proposed Model Law 2.0 on Access to Public Information. With regard to the latter, he suggested bringing it to the attention of the Permanent Council with a view to facilitating its adoption by the General Assembly at its next regular session. He -914409144000 FILENAME \* MERGEFORMAT CJI00364E040 FILENAME \* MERGEFORMAT CJI00364E04encouraged States to reply to the Committee's queries regarding "binding and non-binding agreements" and "cyber-security." Finally, he undertook to send the Committee on Administrative and Budgetary Affairs a note attached to the report of the Chair of the Inter-American Juridical Committee, to ensure that the CAJP gives due consideration to the CJI's request for the position of Secretary of the Inter-American Juridical Committee to be reinstated on a permanent basis. ................
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