RESOLUTIONS
Adopted by
THE INTER-AMERICAN BAR ASSOCIATION AT CONFERENCE XXXVII
June 21-26, 2001 - Santo Domingo, Dominican Republic

RESOLUTION 1

Whereas: One of the principal objectives of the Inter-American Bar Association is to promote the rule of law and the sound administration of justice by independent judiciaries in all of the countries of the Americas;

Whereas: The functioning of effective and independent judicial tribunals requires sufficient material resources, appropriate procedural laws and rules, the availability of modern technology, and above all, respect for those principles and laws which guarantee judicial stability and autonomy;

Whereas: In some countries of the Americas, judicial autonomy and stability are ignored or have been eliminated;

Whereas: Judges themselves are often unable to defend their independence in the face of arbitrariness and disrespect for law on the part of other governmental authorities; and

Whereas: The Supreme Court of Justice of the Dominican Republic, by its close collaboration with this IABA Conference XXXVII, dedicated to the Administration of Justice, has demonstrated its commitment to the principles espoused in this Resolution,


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

1. Declares its commitment to the modernization, independence, and adequate support of the judicial systems of the countries of the Americas, and shall make this commitment known to the governments of those countries and to appropriate international organizations;

2. Declares its intention to remain vigilant and its disposition to work through its various Committees and Sections, in particular its Judicial Administration Section, with the Supreme Courts of the Americas, and with national and international judicial conferences, to promote the objectives hereinabove enunciated;

3. Recommends that, in those instances where disregard for the law threatens or diminishes judicial independence, national and international associations of lawyers and judges of the Americas employ all appropriate means to bring about the restoration of judicial independence and the rule of law.

4. Declares its intention to make the contents of this Resolution known to the Supreme Courts and Governments of the countries of the Americas and to the international organizations in the Region.


1
Proposed by the Judicial Administration Section.


RESOLUTION 2

Whereas: A general increase in violent crime may provoke a disproportionate response by the governments of various countries of the Americas, such as the establishment of the principle of "zero tolerance for crime" without providing appropriate legal protections for the accused;

Whereas: In such situations, there exists the danger that governments will deal with crime entirely through the executive branch, excluding the judiciary and denying access to the courts, thereby violating the accused’s right of defense, the presumption of innocence, due process of law, and the right to be judged by ordinary courts; and

Whereas: Resort to such non-judicial and extra-judicial practice creates the danger of even greater violence and of permanent violations of human rights and of constitutional guarantees and international human rights treaties and conventions to which those countries are parties,


NOW, THEREFORE, BE IT RESOLVED THAT THE INTER-AMERICAN BAR ASSOCIATION:
Encourages the lawyers who are members of the Inter-American Bar Association to work through their local bar associations for the vigilant defense of the rule of law and the insistence upon the full enforcement, without exception, of those basic human rights which are part of the legal framework of every country, and of the guarantees contained in the Universal Declaration of Human Rights and in the Pact of San Jose, Costa Rica.


RESOLUTION 3

Whereas: Many countries of the Americas have adopted laws recognizing the validity of electronic signatures and other electronic documents; and

Whereas: Various private and other organizations have advocated a more widespread commercial use of electronic transactions,


NOW, THEREFORE, BE IT RESOLVED THAT THE INTER-AMERICAN BAR ASSOCIATION:
Recommends to those countries that have not yet done so, that they enact legislation recognizing the legal validity of electronic signatures and other electronic documents in commercial transactions.


RESOLUTION 4

Whereas: The great majority of the countries of the Americas have adhered to the New York Convention of 1958 and to the Panama Convention of 1975;

Whereas: Compliance with the norms contained in these Conventions contributes to the security of those parties that agree to resolve their disputes through arbitration and as a consequence also contributes to confidence in the rule of law;

Whereas: In these countries which have ratified or adhered to the aforementioned Conventions, judicial recognition and enforcement of arbitral awards is obligatory in accordance with the provisions of the New York Convention;

Whereas: By virtue of Article V of the New York Convention, the party against whom enforcement of the arbitral award is sought by means of exequatur, can oppose the issuance of the exequatur; and

Whereas: The "writ of prohibition", is a domestic legal proceeding, separate and distinct from the proceedings foreseen in Article V of the New York Convention and, therefore, may not be used to prevent the recognition or enforcement of foreign arbitral awards,


2
Proposed by Committee VI, Criminal Law, and Committee XII, Human Rights.
3
Proposed by the Judicial Administration Section.


NOW, THEREFORE, BE IT RESOLVED THAT THE INTER-AMERICAN BAR ASSOCIATION:
Recommends to the countries of the Americas that they strictly apply the New York and Panama Conventions, and that they ensure the effective and rapid utilization of the exequatur so that the executability of foreign arbitral awards is not undermined through the "writ of prohibition" or through any other domestic legal procedures not expressly provided for in the New York and Panama Conventions.


RESOLUTION 5

Whereas: Governmental subsidies of agricultural products are contrary to the goal of promoting free international trade and are very harmful to the economies of a number of countries of the Americas for which agricultural products constitute a major part of their exports,


NOW, THEREFORE, BE IT RESOLVED THAT THE INTER-AMERICAN BAR ASSOCIATION:
Recommends to those countries that are members of the World Trade Organization ("WTO") that they accelerate the process within the framework of the WTO of reducing and then eliminating their subsidies of agricultural products.