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Organization of American States Fifth Inter-American Specialized Conference on Private International Law: Inter-American Convention on the Law Applicable to International Contracts

Published online by Cambridge University Press:  27 February 2017

Abstract

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Type
Treaties and Agreements
Copyright
Copyright © American Society of International Law 1994

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References

* [Reproduced from OEA/Ser.K/XXI.5, CIDIP-V/doc.34/94 rev.3 corr.2, March 17, 1994, provided by the Secretariat of the Organization of American States. This Convention and the Inter-American Convention on International Traffic in Minors at 33 I.L.M. 721 (1994) were approved by the Fifth Inter-American Specialized Conference on Private International Law (CIDIP-V), held in Mexico City, March 14-19, 1994. On March 17, 1994,the Convention was signed by representatives of Bolivia, Brazil, Uruguay and Venezuela.[The Conventions adopted at the First, Second, Third and Fourth Inter-American Conferences on Private International Law, CIDIP-I (1975), CIDIP-II (1979), CIDIP-III (1984) and CIDIP-IV (1989), appear respectively at 14 I.L.M. 325 (1975), 18 I.L.M. 1211 (1979), 24 I.L.M. 459 (1985) and 29 I.L.M. 62 (1990).[In Resolution 8 (94), CIDIP-V resolved to request the General Assembly of the Organization of American States to convoke the Sixth Inter-American Specialized Conference on Private International Law and to recommend to the General Assembly that the following topics be included in the agenda: (a) power of attorney and commercial representation; (b) conflict of laws on extracontractual liability (limited to a specifically defined scope); (c) standardized commercial documentation for free trade; (d) international bankruptcy; (e) problems in private international law regarding private international loan contracts; (f) civil international liability for crossboundary pollution; (g) international protection of children in private international law - authority over children, custody, visitation rights, status; and (h) uniformity and harmonization of secured transactions law. No date was suggested but by Resolution 10 (94), CIDIP-V requested the OAS Secretary General to prepare a report as soon as possible to submit to the Permanent Council examining the following issues: “1. Whether the present rhythm of CIDIP Conferences is adequate to meet the needs of the Member States...for an effective Hemisphere framework for private law codification and harmonization, and whether inter-conference activities such as preparatory meetings of experts, should be institutionalized to ensure timely and effective supporting activities for CIDIPs. 2.How theresource of regional organizations that are bodies of the Organization of American States, and other international organizations and national institutions could be engaged to support the work of the Secretariat...in fulfilling its responsibilities for CIDIPs. 3. What structural and other changes in the Secretariat...should be undertaken to ensure the availability of adequate continuing resources of all kinds for the performance by the Secretariat for Legal Affairs of its support functions for CIDIPs.”]