Multilateral treaties: Organization of American States

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Multilateral Treaties : Organization of American States

Recommended guidelines for preparing and adopting inter-american legal instruments

Scope

1. The sole purpose of the following recommendations is to guide and facilitate the preparation of inter-American legal instruments where a procedure has not already been expressly provided for or the states have not agreed on the corresponding procedure for a specific case.

2. The implementation of one or more of these recommendations shall not prejudice the application of or the need to apply the Other provisions of this resolution, as agreed by the states.

Proposal

3. At any time within the appropriate forum, all member states shall have the authority to propose any topic for consideration as the subject matter of an inter-American legal instrument. For the purposes of this resolution, “inter-American legal instrument”means any treaty, convention, or any other agreement having legal effect adopted by the member states within the framework of the Organization.

4. The delegations may apply these procedures in the consideration and adoption of documents other than Treaties , conventions, or agreements, as they deem pertinent.

5. If the proposal is not rejected by the forum in which it is introduced, a preliminary study shall be requested.

Preliminary Study

6. The preliminary study shall be prepared by the General Secretariat within a reasonable time. The Secretariat may request the advice of the organs, agencies, and entities it considers pertinent.

7. The preliminary study shall contain the following:

a. Specification of existing legal instruments in force on the proposed topic;

b. Specification of current projects to prepare international legal instruments on the proposed topic; and

c. A recommendation as to the need for preparing an inter-American legal instrument on the topic and, if appropriate:

i. A recommendation as to the method to be used to prepare the legal instrument; and

ii. A recommendation as to the type of legal instrument to be adopted.

8. The Permanent Council shall be notified when a preliminary study has been initiated.

9. When the preliminary study has been completed, the General Secretariat shall forward it to the forum that requested it.

10. If the aforementioned forum concludes that it is advisable to prepare an inter-American legal instrument, the matter shall be submitted to the Permanent Council for consideration.

11. If the Permanent Council approves of this conclusion, it shall specify the procedure for preparing the instrument.

Preparatory Work and Initial Drafts

12. Throughout the entire preparatory process and negotiating phase of an inter-American legal instrument, the Secretariat for Legal Affairs (SLA) of the General Secretariat shall provide advisory services and legal support, and shall transmit information to the states. Timely notification shall be made to the missions of the member states or their designees regarding meetings and developments in connection with the preparation of legal instruments.

13. As soon as the preparatory process has been determined, member states shall be notified thereof and of the opportunity for consultations. Member states may also participate by completing questionnaires, presenting their views through their delegations, and providing written comments on the drafts.

14. The Permanent Council shall instruct a working group of that organ to carry out the preparatory work and draw up the initial drafts.

15. To carry out the task, the working group may establish the standards, guidelines, and objectives to govern the preparation of the draft. It may entrust the drawing up of the initial draft, among other things, to the Inter-American Juridical Committee, the proposing organ, or to any other body considered appropriate.

16. The preparatory work may include the following:

a. An analysis of the preliminary study;

b. Consideration of comments by the member states; and

c. Consideration of comments made by the institutions from which they have been requested.

17. Prior to negotiations and adoption of the final draft, member states shall be given sufficient time and the opportunity to analyze the initial draft.

18. The final draft legal instrument shall be prepared in all official languages of the OAS. All versions shall be reviewed by a drafting committee for accuracy before presentation to the member states.

List of the Inter-American treaties adopted within the framework of the Organization of American States, by year

1940

– Protocol on Uniformity of Powers of Attorney wich are to be utilized abroad (C-6)

1943

– Convention on the Regulation of Inter-American Auto-Motive Traffic (C-11)

1944

– Convention on the Inter-American Institute of Agricultural Sciences (C-12)

1946

– Inter-American Convention on the Rights of the Author in Literary, Scientific and Artistic Works (B-28)

1947

– Inter-American Treaty of Reciprocal Assistance (Rio Treaty) (B-29)

1948

– American Treaty on Pacific Settlement (Pact of Bogota) (A-42)

– Economic Agreement of Bogota (A-43)

– Inter-American Convention on the Granting of Political Rights to Women (A-44)

– Inter-American Convention on the Granting of Civil Rights to Women (A-45)

Charter of the Organization of American States (A-41)

1949

– Agreement on Privileges and Immunities of the Organization of American States (C-13)

1952

– Additional Protocol to the Pan-American Sanitary Code (B-3) (2)

1954

– Convention on Diplomatic Asylum (A-46)

– Convention on Territorial Asylum (A-47)

– Convention for the Promotion of Inter-American Cultural Relations (A-48)

1957

– Protocol to the Convention on Duties and Rights of States in the Event of Civil Strife (C-14)

1958

– Protocol of Amendment to the Convention on the Inter-American Institute of Agricultural Sciences (C-12) (1)

1959

– Agreement establishing the Inter-American Development Bank (C-15)

1963

– Inter-American Convention on Facilitation of International Waterborne Transportation (Convention of Mar del Plata) (B-30)

1967

– Protocol of Amendment to the Charter of the Organization of American States “Protocol of Buenos Aires”(B-31)

1969

American Convention on Human Rights “Pact of San Jose, Costa Rica”(B-32)

1971

– Convention to Prevent and Punish the Acts of Terrorism Taking the Forms of Crimes Against Persons and Related Extortion that are of International Significance (A-49)

1975

– Inter-American Convention on International commercial arbitration (B-35)

– Protocol of Amendment to the Inter-American Treaty of Reciprocal Assistance
(Rio Treaty) (B-29 (1))

– Inter-American Convention on Letters Rogatory (B-36)

– Inter-American Convention on the Legal Regime of Powers of Attorney to be used Abroad (B-38)

– Inter-American Convention on the Taking of Evidence Abroad (B-37)

– Inter-American Convention on Conflict of Laws Concerning Checks (B-34)

– Inter-American Convention on Conflict of Laws concerning Bills of Exchange, Promissory Notes, and Invoices (B-33)

1976

Convention on the Protection of the Archeological, Historical, and Artistic Heritage of the American Nations (Convention of San Salvador) (C-16)

1977

– Protocol to the Treaty concerning the Permanent Neutrality and Operation of the Panama Canal (H-9)

1979

– Inter-American Convention on Conflicts of Laws Concerning Checks (B-39)

– Inter-American Convention on General Rules of Private International Law (B-45)

– Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards (B-41)

– Inter-American Convention on Domicile of Natural Persons in Private International Law (B-44)

– Additional Protocol to the Inter-American Convention on Letters Rogatory (B-46)

– Inter-American Convention on Conflicts of Laws Concerning Commercial Companies (B-40)

– Inter-American Convention on Proof of and Information on Foreign Law (B-43)

– Inter-American Convention on Execution of Preventive Measures (B-42)

– Agreement on the Adoption of the Inter-American Manual on Traffic Control Devices for Streets and Highways “Agreement of Caracas”(C-18)

– Convention on the Inter-American Institute for Cooperation on Agriculture (C-17)

1981

– Inter-American Convention on Extradition (B-47)

1984

– Inter-American Convention on Conflict of Laws Concerning the Adoption of Minors (B-48)

– Inter-American Convention on Personality and Capacity of Juridical Persons in Private International Law (B-49)

– Additional Protocol to the Inter-American Convention on the Taking of Evidence Abroad (B-51)

– Inter-American Convention on Jurisdiction in the International Sphere for the Extraterritorial Validity of Foreign Judgments (B-50)

1985

Inter-American Convention to Prevent and Punish Torture (A-51)

– Protocol of Amendment to the Charter of the Organization of American States “Protocol of Cartagena de Indias (A-50)

1987

– Inter-American Amateur Radio Service Convention (Lima Convention (B-52)

1988

– Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights “Protocol of San Salvador (A-52)

– Amendment of Article Seven of the Inter-American Amateur Radio Service Convention (Lima Convention) (B-52) (1)

1989

– Inter-American Convention on Support Obligations (B-54)

– Inter-American Convention on the International Return of Children (B-53)

– Inter-American Convention on Contracts for the International Carriage of Goods by Road (B-55)

1990

– Protocol to the American Convention on Human Rights to Abolish the Death Penalty (A-53)

1991

Inter-American Convention to Facilitate Disaster Assistance (A-54)

1992

– Inter-American Convention on Mutual Assistance in Criminal Matters (A-55)

– Agreement establishing the Inter-American Institute for Global Change Research (C-19)

– Protocol of amendments to the Charter of the Organization of American States “Protocol of Washington”(A-56)

1993

– Optional Protocol related to the Inter-American Convention on Mutual Assistance in Criminal Matters (A-59)

– Protocol of Amendment to the Charter of the Organization of American States “Protocol of Managua”(A-58)

– Inter-American Convention on Serving Criminal Sentences Abroad (A-57)

1994

– Inter-American Convention on the Law Applicable to International Contracts (B-56)

– Inter-American Convention on the Forced Disappearance of Persons (A-60)

– Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women “Convention of Belem do Para”(A-61)

– Inter-American Convention on International Traffic in Minors (B-57)

1995

– Inter-American Convention on the International Amateur Radio Permit (A-62)

1996

– Inter-American Convention Against Corruption (B-58)

1997

Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms , Ammunition, Explosives, and Other Related Materials (A-63)

1999

– Inter-American Convention on Transparency in Conventional Weapons Acquisitions (A-64)

– Inter-American Convention on the Elimination of all Forms of Discrimination Against Persons with Disabilities (A-65)

– Amendment to the Agreement establishing the Inter-American Institute for Global Change Research (C-19(1))

2002

Inter-American Convention Against Terrorism (A-66)

2003

– Protocol of Amendment to the Inter-American Convention on an International Amateur Radio Permit (A-67)

List of the Inter-American treaties adopted within the framework of the Organization of American States, by subject

A

Acquisitions

– Inter-American Convention on Transparency in Conventional Weapons Acquisitions (A-64)

Agricultural Cooperation

See Regional Institutional System, Inter-American Institute for Cooperation on Agriculture

Agricultural Sciences

See Regional Institutional System, Inter-American Institute for Cooperation on Agriculture

Agriculture

See Regional Institutional System, Inter-American Institute for Cooperation on Agriculture

Amateur Radio

– International Amateur Radio Permit, Protocol of Amendment to the Inter-American Convention on an (A-67)

– International Amateur Radio Permit, Inter-American Convention on the (A-62)

– Amateur Radio Service Convention (Lima Convention), Inter-American (B-52)

– Amateur Radio Services Convention (Lima Convention), Amendment of Article Seven of the Inter-American (B-52(1))

Arbitral Awards
– Extraterritorial Validity of Foreign Judgments and Arbitral Awards, Inter- American Convention on (B-41)

Arbitration and Settlement of Disputes

International commercial arbitration , Inter-American Convention on (B-35)

– Pacific Settlement (Pact of Bogota), American Treaty on (A-42)

Archeological and Historical Heritage

– Protection of the Archeological, Historical, and Artistic Heritage of the American Nations (Convention of San Salvador), Convention on the (C-16)

Art

See Archeological and Historical Heritage

Assistance

See Mutual Assistance

Asylum

Diplomatic

– Diplomatic Asylum, Convention on (A-46)

Political

– Political Asylum, Convention on (A-37)

Territorial

– Territorial Asylum, Convention on (A-47)

B

Bills of Exchange

See International Private Law, Negotiable Instruments

Business Associations

See International Private Law, Business Associations

C

Charter

See Organization of American States, Charter

Checks

See International Private Law, Negotiable Instruments

Children

See Minors

Civil Strife

– Duties and Rights of States in the event of Civil Strife, Protocol to the Convention on (C-14)

Communications

See International Transportation

See Amateur Radio

Contracts

See International Private Law, Contracts

Cooperation

See Judicial Cooperation

Cooperation on Agriculture

See Regional Institutional System, Inter-American Institute for Cooperation on Agriculture

Copyright

– Rights of the Author in Literary, Scientific and Artistic Works, Inter-American Convention on the (B-58)

Corruption

– Corruption, Inter-American Convention Against (B-58)

Criminal Matters

See Judicial Cooperation, Criminal Matters

Criminal Sentences

See Judicial Cooperation, Sentences

Cultural Relations

See Culture

Culture

– Promotion of Inter-American Cultural Relations, Convention for the (A-48)

D

Death Penalty

See Human Rights, In General

Development

See Economic Development

Diplomatic Relations

See Asylum, Diplomatic

Disability

– Inter-American Convention on the Elimination of all Forms of Discrimination Against Persons with Disabilities (A-65)

Disappearances

See Human Rights, In General

Disasters

See Mutual Assistance, Disaster Cases

Discrimination

See Disability

Dispute Settlement

See Arbitration and Settlement of Disputes

Domicile

See International Private Law, Domicile

E

Economic Development

– Economic Agreement of Bogota (A-43)

Economic Relations

See Economic Development

Evidence

See Judicial Cooperation, Evidence

Explosives

See Weapons

Extradition

See Judicial Cooperation, Extradition

Extraterritorial Validity

See Judicial Cooperation, Sentences

F

family

Minors

– Support Obligations, Inter-American Convention on (B-54)

– Return of Children, Inter-American Convention on the (B-53)

– Conflict of Laws Concerning the Adoption of Minors, Inter-American Convention on (B-48)

– International Traffic in Minors, Inter-American Convention on (B-57)

G

General Rules

See International Private Law, General Rules

Global Change

See Regional Institutional System, Inter-American Institute for Global Change Reaserch

Goods

See International Transportation

H

Hemispheric Security

– Reciprocal Assistance (Rio Treaty), Inter-American Treaty of (B-29)

– Reciprocal Assistance (Rio Treaty), Protocol of Amendment to the Inter-American Treaty of (B-29(1))

Highways

See International Transportation

History

See Archeological and Historical Heritage

Human Rights

General

– Human Rights “Pact of San Jose, Costa Rica”, American Convention on (B-32)

– Human Rights in the Area of Economic, Social and Cultural Rights “Protocol of San Salvador “, Additional Protocol to the American Convention on (A-52)

– Human Rights to Abolish the Death Penalty, Protocol to the American Convention on (A-53)

– Forced Disappearance of Persons, Inter-American Convention on the (A-60)

– Prevent and Punish Torture, Inter-American Convention to (A-51)

-See Disability

Women

– Granting of Civil Rights to Women, Inter-American Convention on the (A-45)

– Granting of Political Rights to Women, Inter-American Convention on the (A-44)

– Prevention, Punishment and Eradication of Violence Against Women “Convention of Belem do Para”, Inter-American Convention on the (A-61)

I

Illicit Trafficking

See Weapons

Immunities

See OAS, Privileges and Immunitites

See OAS, Charter

Institutes

See Regional Institutional System

intellectual property

– Rights of the Author in Literary, Scientific and Artistic Works, Inter-American Convention on the (B-58)

Inter-American Development Bank

See Regional Institutional System, Inter-American Development Bank

International Private Law

Business Associations

– Conflicts of Laws Concerning Commercial Companies, Inter-American Convention on (B-40)

Contracts

– Law Applicable to International Contracts, Inter-American Convention on the (B-56)

Domicile

– Domicile of Natural Persons in Private International Law, Inter-American Convention on (B-44)

General Rules

– General Rules of Private International Law, Inter-American Convention on (B-45)

Merchantile Associations

– Conflicts of Laws Concerning Commercial Companies, Inter-American Convention on (B-40)

Negotiable Instruments

– Conflict of Laws Concerning Checks, Inter-American Convention on (B-34)

– Conflict of Laws Concerning Checks, Inter-American Convention on (B-39)

– Conflict of Laws concerning Bills of Exchange, Promisory Notes, and Invoices, Inter-American Convention on (B-33)

Personality and Juridical Capacity

– Personality and Capacity of Juridical Persons in Private International Law, Inter-American Convention on (B-49)

Powers

– Legal Regime of Powers of Attorney to be Used Abroad, Inter-American Convention on the (B-38)

– Uniformity of Powers of Attorney wich are to be utilized abroad, Protocol on (C-6)

International Transportation

– Regulation of Inter-American Auto-Motive Traffic, Convention on the (C-11)

– Adoption of the Inter-American Manual on Traffic Control Devices for Streets and Highways “Agreement of Caracas”, Agreement on the (C-18)

– Facilitation of International Waterborne Transportation (Convention of Mar del Plata), Inter-American Convention on (B-30)

– Contracts for International Carriage of Goods by Road, Inter-American Convention of (B-55)

Invoices

See International Private Law, Negotiable Instruments

J

Judgments

See Judicial Cooperation, Sentences

Judicial Cooperation

Criminal Matters

– Mutual Assistance in Criminal Matters, Inter-American Convention on (A-55)

– Mutual Assistance in Criminal Matters, Optional Protocol related to the Inter-American Convention on (A-59)

Evidence

– Proof of and Information on Foreign Law , Inter-American Convention on (B-43)

– Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards (B-41)

– Taking of Evidence Abroad, Inter-American Convention on the (B-37)

– Taking of Evidence Abroad, Additional Protocol to the Inter-American Convention on the (B-51)

Extradition

– Extradition, Inter-American Convention on (B-47)

Preventive Measures

– Execution of Preventive Measures, Inter-American Convention on (B-42)

Rogatory Letters

– Letters Rogatory, Inter-American Convention on (B-36)

– Letters Rogatory, Additional Protocol to the Inter-American Convention on (B-46)

Sentences

– Jurisdiction in the International Sphere for the Extraterritorial Validity of Foreign Judgments, Inter-American Convention on (B-50)

– Serving Criminal Sentences Abroad, Inter-American Convention on (A-57)

– Charter of the OAS (A-41)

Juridical Capacity

See International Private Law, Personality and Juridical Capacity

Jurisdiction

See Judicial Cooperation, Sentences

M

Manufacture

See Weapons

Minors

– Support Obligations, Inter-American Convention on (B-54)

– Return of Children, Inter-American Convention on the (B-53)

– Conflict of Laws Concerning the Adoption of Minors, Inter-American Convention on (B-48)

– International Traffic in Minors, Inter-American Convention on (B-57)

Munitions

See Weapons

Mutual Assistance

Disaster Cases

– Facilitate Disaster Assistance, Inter-American Convention to (A-54)

Penal

See Judicial Cooperation, Criminal Matters

Public Health

– Pan-American Sanitary Code, Additional Protocol to the (B-3(2))

Security

See Hemispheric Security

N

Natural Persons

See International Private Law, Domicile

Navigation

See International Transportation

Negotiable Instruments

See International Private Law, Negotiable Instruments

Neutrality

– Permanent Neutrality and Operation of the Panama Canal, Protocol to the Treaty concerning the (H-9)

O

Organization of American States (OAS)

Charter of the OAS

– Organization of American States, Charter of the (A-41)

– Organization of American States “Protocol of Cartagena de Indias”, Protocol of Amendment to the Charter of the (A-50)

– Organization of American States “Protocol of Washington”, Protocol of Amendments to the Charter of the (A-56)

– Organization of American States “Protocol of Managua”, Protocol of Amendment to the Charter of the (A-58)

– Organization of American States “Protocol of Buenos Aires”, Protocol of Amendment to the Charter of the (B-31)

Privileges and Immunities

– Privileges and Immunities of the Organization of American States, Agreement on (C-13)

P

PANAMA CANAL

– Permanent Neutrality and Operation of the Panama Canal, Protocol to the Treaty concerning the (H-9)

Permits

See Amateur Radio

Personality

See International Private Law, Personality and Juridical Capacity

Powers

See International Private Law, Powers

Preventive Measures

See Judicial Cooperation, Preventive Measures

Privileges

See OAS, Privileges and Immunities

Promisory Notes

See International Private Law, Negotiable Instruments

Public Health

See Mutual Assistance, Public Health

R

Radio

See Amateur Radio

Regional Institutional System

Inter-American Institute for Global Change Research

– Inter-American Institute for Global Change Research, Agreement Establishing the (C-19)

– Inter-American Institute for Global Change Research, Amendment to the Agreement Establishing the (C-19(1))

Inter-American Institute of Agriculture Sciences

– Inter-American Institute of Agricultural Sciences, Convention on the (C-12)

– Inter-American Institute of Agricultural Sciences, Protocol of Amendment to the Convention on the (C-12(1))

Inter-American Institute for Cooperation on Agriculture

– Inter-American Institute for Cooperation on Agriculture, Convention on the (C-17)

Inter-American Development Bank

– Inter-American Development Bank, Agreement Establishing the (C-15)

RIGHTS AND DUTIES

– Convention on Rights and Duties of States (A-40)

Rogatory Letters

See Judicial Cooperation, Rogatory Letters

S

Security

See Hemispheric Security

Sentences

See Judicial Cooperation, Sentences

Settlement of Disputes

See Arbitration and Settlement of Disputes

States

See Civil Strife

Streets

See International Transportation

Strife

See Civil Strife

T

Taking of Evidence

See Judicial Cooperation, Evidence

Terrorism

– Prevent and Punish the Acts of Terrorism Taking the Forms of Crimes Against Persons and Related Extortion that are of International Significance, Convention to (A-49)

Inter-American Convention Against Terrorism (A-66)

Torture

See Human Rights, In General

Traffic

See International Transportation

Trafficking

See Weapons

Transportation

See International Transportation

V

Vehicles

See International Transportation

W

Weapons

– Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials, Inter-American Convention Against the (A-63)

– Inter-American Convention on Transparency in Conventional Weapons Acquisitions (A-64)

Women

See Human Rights, Women

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

American Convention on Human Rights, Attorney, Bills, Charter of the Organization of American States, Convention on the Protection of the Archeological, Historical, and Artistic Heritage of the American Nations, Foreign Law, Inter-American Convention Against Terrorism, Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Inter-American Convention to Facilitate Disaster Assistance, Inter-American Convention to Prevent and Punish Torture, International commercial arbitration, Other provisions, Private International Law, Protocol of San Salvador, Settlement of Disputes, Treaties.

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