RESOLUTIONS
Approved at Conference XXXVI of the
Inter-American Bar Association

June 17-23, 2000 – Panama City, Panama


COMMITTEE IV, CIVIL LAW AND PROCEDURE

Resolution 1*

WHEREAS:

That, use of the Internet and, especially, electronic commerce, is growing at an ever accelerating rate;

That, because of the intangible quality of the data and the physical distance between the persons involved, electronic communications involve particular danger of manipulation and lack of authenticity;

That, the ease of reproduction of information compounds the danger posed by manipulation; and

That, it is important to achieve and maintain the technical and juridical security of intangible, electronic communications,

RESOLVES:

1. To recommend to the countries of the Americas that they adopt appropriate measures through uniform legislation applicable to the various countries to protect the security and authenticity of electronic communications against manipulation, keeping in mind the need for legal certainty and for reliable means of proof.

2. To recommend the development of legal and technical standards which encourage business communications and other activities through open Internet sites which facilitate the free use and provision of services based on digital signature and on the development of new activities connected to globalized electronic commerce.

3. To encourage the development of academic activities designed to prepare lawyers to deal with juridical transactions carried out by electronic means.

* Original in Spanish

COMMITTEE VIII, DEVELOPMENT AND INTEGRATION LAW, AND COMMITTEE XVI, INTELECTUAL PROPERTY

Resolution 2 *

WHEREAS:

That, scientific and technological development becomes feasible only if inventive activity is fostered;

That, this requires full respect for the intellectual property of researchers and inventors through the granting of effective patents for their inventions;

That, the essential condition of said patents is the exclusivity guaranteed to the inventor during a minimum period of twenty (20) years; and

That, compulsory licenses in favor of third parties should be granted only in situations of emergency or exception fully justified and upheld by the judiciary as provided for in TRIPS, which has been ratified by all countries of the hemisphere,

RESOLVES:

1.To request the countries of the Western hemisphere to restrict their systems for the granting of compulsory licenses for patents of invention to exceptional or emergency situations in accordance with the wording and the spirit of Articles 30 and 31 of TRIPS.

2.To recommend that the granting of such compulsory licenses should always be subject, as a condition precedent, to judicial review.

COMMITTEE XVI, INTELECTUAL PROPERTY

Resolution 3 *

WHEREAS:

That, in the Western hemisphere, some countries adjust their domestic law to the terms of international treaties prior to or simultaneously with the entry into force of such treaties, while other countries adjust their laws long after the effective date of the international agreements; and

That, while treaties dealing with copyright and related rights are based on the principle of equal treatment of nationals and foreigners, frequently such treaties confer rights upon foreigners that are not enjoyed by their own nationals. The result is what might be called “reverse discrimination”,

RESOLVES:

1.To recommend to those countries whose Constitutions permit it, that they provide their own nationals with the same copyright and related rights which international treaties confer upon foreigners in their country.


Resolution 4 *

WHEREAS:

That, competition is a fundamental element in the development of contemporary economies;

That, today, competition is based on the progress of ideas and on constant technological innovation;

That, it is in the public interest and in the interest of private entities to ensure the greatest possible protection of new ideas and technologies;

That, the extension of such protection should be done in such a way so as to guarantee legal security, effectiveness, and procedural flexibility;

That, the patent system is today a key factor in ensuring the protection of innovation in accordance with the aforementioned values;

That, the patent system is, moreover, an instrument for the stimulation of the technical progress of companies and of nations; and

That, the Treaty of Cooperation in Patent Matters is designed to simplify the requirements for seeking patent protection,

RESOLVES:

1.To take note of the importance for the economies of the Americas of the flexibile and efficacious protection of ideas and technological innovation.

2.To take note of the role played by the Treaty of Cooperation in Patent Matters in facilitating the protection of innovation.

COMMITTEE XIX, ARBITRAL LAW

Resolution 5 *

WHEREAS:

That, in accordance with the principle of freedom of choice, the parties to a dispute should be able to choose either to present their controversy to a judicial tribunal or to submit it to an arbitral tribunal, and that ample opportunity should be made available for the exercise of the arbitral option as, for example, set forth in the arbitral model rules of the United Nations (1985), the New York Convention of 1958, the Panama Convention of 1975, and the agreement on International Business Arbitration of Mercosur (Buenos Aires, 1998),

RESOLVES:

1.To invite the lawyers and bar associations of those countries which are part of and/or are associated with Mercosur (Argentina, Brazil, Paraguay, Uruguay, Chile and Bolivia) to promote before their respective governments legislation extending the scope of the arbitral process to include all private law disputes, contractual or otherwise, that might arise between private persons, whether natural or juridical.

ADMINISTRATION OF JUSTICE SECTION

Resolution 6 *

WHEREAS:

That, the level of development of procedures for alternative dispute resolution (“ADR”) varies considerably from country to country in the Western Hemisphere;

That, ADR provides a means of resolving differences in a manner that is often more amicable and less confrontational than formal adjudication;

That, the use of ADR often reduces the expenses of the parties and the burden on the courts;

That, in the context of ADR, the “Tribunal or Court of Multiple Doors” can play an important role as part of the judicial system because it facilitates the incorporation of different methods of dispute resolution into the Judicial Branch which will then contribute to a reduction in the backlog of cases; and

That the establisment of small claims courts (which consider matters of social importance with a small monetary value) can also help to reduce court case backlogs,

RESOLVES:

1.To recommend to those nations of the Americas that have not yet done so, that they establish methods of ADR, including creating courts of multiple doors and small-claims courts.

2.To encourage universities, law schools, and other law-related institutions to teach methods of ADR.

3.To encourage law schools and law firms to publicize and effectively use ADR and to establish specialized departments devoted to ADR.


ACADEMY OF INTERNATIONAL AND COMPARATIVE LAW

Resolution 7 *

WHEREAS:

That, the establishment of the International Criminal Tribunal, that was approved in Rome on July 17, 1998, is an important accomplishment, especially given the fact that only particular specialized tribunals previously had been approved;

That, this development represents a fundamental strengthening of the efforts to establish a competent international jurisdiction that is complementary to the national criminal courts, and that is capable of judging those responsible for the most serious violations of the criminal law standards of the international community as a whole; and

That, in accordance with Article 126 of the instrument creating the Tribunal, the Tribunal will come into force on the first day of the month following a period of sixty days after the sixtieth member nation deposits its instrument of ratification, acceptance, approval, or adhesion with the Secretary General of the United Nations,

RESOLVES:

1.To urge those governments of the hemisphere that have not signed, adhered to, or ratified the instrument creating the Tribunal, to take action to do so as soon as possible.

2.To urge that those governments which find it difficult because of domestic legislative limitations to take the action recommended in the above paragraph, to proceed as soon as possible to make the required legislative adjustments.

PANAMANIAN CHAPTER

Resolution 8 *

WHEREAS:

That, in 1977, the Republic of Panama and the United States of America entered into the Torrijos-Carter Treaties; and

That, the National Bar Association of Panama (Colegio Nacional de Abogados de Panamá) has expressed to the Inter-American Bar Association the concern of various sectors of the Panamanian population that the United States, in fulfilling the requirements of item 4, article IV of the Agreement of implementation of the Torrijos-Carter Treaties, clean up areas formerly used as firing ranges and that it bring about the immediate environmental rehabilitation of the lands and waters of those areas,

RESOLVES:

1.To urge the Governments of the Republic of Panama and the Unites States of America to arrive at a bilateral solution to the aforementioned matter by diplomatic means.

2.To urge the Governments of the Republic of Panama and the United States, if they are unable to reach a solution through bilateral negotiations, to agree to submit their differences to international arbitration or mediation.

3.To offer the IABA as a forum for such mediation or arbitration.