RESOLUTIONS
Approved by
THE INTER-AMERICAN BAR ASSOCIATION

AT ITS CONFERENCE XXXVIII
July 9-13, 2002 - Cochabamba, Bolivia



Resolution 1

WHEREAS, on July 1, 2002, the International Criminal Court Statute (the “Statute”) became effective; and

WHEREAS, during Conference XXXVIII of the Inter-American Bar Association, there was discussion concerning the desirability of conveying information to the people of Latin America concerning the existence, provisions, and implementation of the Statute; and

WHEREAS, the lawyers of the Americas should encourage their fellow lawyers to take notice of the existence, provisions and application of the Statute so that some of them become experts who can represent defendants before the Court in an independent and efficient manner;


NOW, THEREFORE, BE IT RESOLVED THAT THE INTER-AMERICAN BAR ASSOCIATION:

Urges universities, law faculties, law schools, bar associations, and other professional groups to implement an effective process whereby the existence and provisions of the International Criminal Court Statute are made known to their member lawyers so that some of those lawyers may become specialists in the law of the Court and thereby create an efficient and independent defense bar which can defend the legitimate rights of those accused.

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1 Proposed by Committee VI: CRIMINAL LAW AND PROCEDURE


Resolution No. 2

WHEREAS, intellectual property is one of the areas of law most affected by the processes of integration and globalization; and

WHEREAS, in connection with the aforementioned processes, various treaties and International Conventions are being structured to deal with different aspects of intellectual property law; and

WHEREAS, given the national situations of most of the countries of the Americas, the Madrid Protocol raises serious constitutional questions and delicate problems of its  applicability; and

WHEREAS, in the negotiation of various international treaties dealing with integration, there often is a provision for the immediate adhesion of the parties to the Protocol of Madrid;


NOW, THEREFORE, BE IT RESOLVED THAT THE INTER-AMERICAN BAR ASSOCIATION:

Recommends to the governments of those countries with bar associations or individual lawyers who are members of the IABA, that in negotiating integration treaties, those governments avoid adhering to the Madrid Protocol.


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2 Proposed by Committee XVI: INTELLECTUAL AND INDUSTRIAL PROPERTY LAW


Resolution 3

WHEREAS, there has been an alarming increase in corruption throughout the world, and particularly in the countries of the Americas; and

WHEREAS, all of the countries of the Americas have signed the Inter-American Convention Against Corruption, which was developed under the auspices of the Organization of American States; and

WHEREAS, the Inter-American Bar Association has consistently encouraged the countries of the Western Hemisphere to ratify the aforementioned Convention and to adopt domestic legislation necessary to implement it; and

WHEREAS, the Inter-American Bar Association can be an appropriate forum for the coordination of efforts by lawyers and bar associations to combat corruption;


NOW, THEREFORE, BE IT RESOLVED THAT THE INTER-AMERICAN BAR ASSOCIATION:

1.Encourage its member bar associations and national chapters to involve themselves actively in the fight against corruption by promoting, directly or though their committees, the effective implementation in their respective countries of the Inter-American Convention Against Corruption; and

2.Urge lawyers generally to take steps to avoid any practices, which might directly or indirectly foster or permit acts of corruption.

3.Warmly support the efforts of many lawyers and bar associations in their fight against corruption.

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3 Proposed by the IABA FORUM ON PROFESSIONAL PRACTICE.