PERMANENT COUNCIL OF THE
ORGANIZATION OF AMERICAN STATES
COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS
OEA/Ser.G
CP/CAJP-2036/03 rev. 2
8 May 2003
Original: English
DRAFT RESOLUTION
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
(Approved by Committee at its meeting of April 10, 2003)
DRAFT RESOLUTION
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
(Approved by the Committee at its meeting of April 10, 2003)
THE GENERAL ASSEMBLY,
HAVING SEEN the Report of the Permanent Council on the Inter-American Specialized
Conference on Private International Law (CP/doc.XXXX/03);
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;
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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 and to institutionalize mechanisms for such
consultations, and that it 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 avoid duplication of efforts; and that UNIDROIT, having recently
approved the Cape Town Convention on International Interests in Mobile Equipment and its
protocols, has expressed interest in working with the General Secretariat in a joint implementation
effort concerning the Model Inter-American Law on Secured Transactions,
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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 Non-Negotiable and 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 its protocols, 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, 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 fulfillment of this resolution.
CP11385E06