Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 53 Organization of American States: The OAS Guide and the Hague Principles

2021 ◽  
Author(s):  
Rodríguez José Antonio Moreno
Keyword(s):  
Latin America ◽  
International Standards ◽  
Organization Of American States ◽  
Member States ◽  
Applicable Law ◽  
American States ◽  
The Hague ◽  
The Law ◽  
The Relationship ◽  
A Current

This chapter reflects on the relationship between the Guide of the Organization of American States on the Applicable Law to International Commercial Contracts (OAS Guide) and the Hague Principles. The OAS Guide has several objectives. It proposes a current statement of the law applicable to international commercial contracts for the Americas as based on the fundamental principles of the Inter-American Convention on the Law Applicable to International Contracts, commonly known as the ‘Mexico Convention’, and with the incorporation of subsequent developments in the field to date, particularly as codified in the Hague Principles. The Guide also seeks to support efforts by OAS Member States to modernize their domestic laws on international commercial contracts in accordance with international standards. It further provides assistance to contracting parties in the Americas and their counsel in drafting and interpreting international commercial contracts; and serves as guidance to judges and arbitrators, who may find the Guide useful both to interpret and supplement domestic laws, particularly on matters in international commercial contracts that are not addressed in such laws.

Controversial secretary-general seeks new OAS term

2020 ◽  
Keyword(s):  
Latin America ◽  
Secretary General ◽  
Consensus Building ◽  
Organization Of American States ◽  
Active Response ◽  
Member States ◽  
Content Type ◽  
Policy Success ◽  
American States

Subject Election of a new Organization of American States secretary-general. Significance Luis Almagro is standing for re-election as secretary-general of the Organization of American States (OAS). Under his mandate, the OAS has shifted from consensus-building in favour of hostility towards left-of-centre governments in Latin America. His candidacy is being challenged by two other candidates, one from Ecuador and one from Peru, who point to his divisive impact on the organisation. Impacts Caracas will seek to encourage opposition to Almagro among states over which it still exercises some influence. An Almagro victory would be seen as a policy success for Washington. Divisions will remain among member states as to whether the OAS should endorse a more active response in seeking to remove Maduro.

The course of integration processes in Latin America through the prism of CELAC activities

2021 ◽  
pp. 234-242
Author(s):  
А.Е. Суглобов ◽  
О.Г. Карпович
Keyword(s):  
Latin America ◽  
Russian Federation ◽  
People’S Republic Of China ◽  
Global Changes ◽  
People's Republic Of China ◽  
Organization Of American States ◽  
Republic Of China ◽  
American States ◽  
The Russian Federation ◽  
The Caribbean

В настоящей статье рассматриваются вопросы интеграционного развития в государствах Латинской Америки и Карибского бассейна с учетом новых глобальных изменений. Анализируются вопросы сотрудничества СЕЛАК с Российской Федерацией, Китайской Народной Республикой, Организацией американских государств. This article examines the issues of integration development in Latin America and the Caribbean, taking into account new global changes. The issues of cooperation between CELAC and the Russian Federation, the People's Republic of China, and the Organization of American States are analyzed.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 39 United Arab Emirates: Emirati Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Bälz Kilian
Keyword(s):  
International Law ◽  
United Arab Emirates ◽  
Civil Code ◽  
International Standards ◽  
Federal State ◽  
Private International Law ◽  
International Treaties ◽  
Federal Law ◽  
The Hague ◽  
The Law

This chapter presents Emirati perspectives on the Hague Principles. The United Arab Emirates (UAE) are a federal State that was established in 1971. Private international law, civil procedure, and arbitration all are federal matters that are covered by federal laws. Private international law is codified in a section of the UAE Civil Code (Federal Law No 5 of 1985) that deals in Articles 10 to 28 with ‘The application of the law regarding the place’. The section also contains the conflict of law rules applicable to international commercial contracts. The statutory provisions of the Civil Code are, in practical terms, the most important source of law when determining the law applicable to an international contract in the UAE. According to Article 22 of the Civil Code, international treaties, to the extent they apply, override the provisions of municipal law. Moreover, Article 23 of the Civil Code provides that in the absence of any statutory provision, ‘the [general] principles of private international law’ shall apply. This provides the UAE courts with the option to make reference to international standards such as the Hague Principles.

IV Trust Arbitration as a Matter of International Law, 19 Arbitrating Trust Disputes: Effect of the Hague Convention on the Law Applicable to Trusts and on Their Recognition

2016 ◽  
Author(s):  
von Segesser Georg
Keyword(s):  
Hague Convention ◽  
Conflict Of Laws ◽  
Binding Effect ◽  
Applicable Law ◽  
The Hague ◽  
The Law ◽  
Substantive Law ◽  
The Hague Convention ◽  
International Conventions ◽  
Selection Of

This chapter examines the effect of the Hague Convention on the Law Applicable to Trusts and on their Recognition (Hague Trust Convention) on the law applicable to the arbitration of trust disputes. It also considers the extent to which arbitrators can apply the conflict of laws rules of the convention in cases where the parties have not agreed that these rules should govern the issues in dispute. The chapter is organized as follows. Section II addresses the selection of the applicable substantive law by arbitral tribunals in cases where the parties have not agreed on the applicable law. Sections III and IV cover international conventions and, in particular the Hague Trust Convention, as sources for the selection of the applicable law. Section V deals with the validity and effect of arbitration agreements while Section VI considers the effects of a choice of-law-clause and the binding effect of such a clause for the arbitral proceedings. Section VII addresses the effect of specific conflict of laws rules of the Hague Trust Convention on the law applicable to the merits in international trust arbitration disputes.

Ecuador and the Eleventh Inter-American Conference

1968 ◽  
Vol 10 (2) ◽  
pp. 306-327 ◽  
Author(s):  
Mary Jeanne Reid Martz
Keyword(s):  
United States ◽  
Latin America ◽  
North American ◽  
Organizational Transformation ◽  
The United States ◽  
Viable Alternative ◽  
Organization Of American States ◽  
American States

Amid the aura of urgency in which many today view hemispheric affairs, criticisms of the Organization of American States are legion. In both Latin America and the United States, there are growing numbers who believe that the only viable alternative to complete systemic collapse is a radical organizational transformation. For critics of the inter-American organization, there has been a sharp predilection to place the burden of their argument on either a cataloguing of bureaucratic ills or a polemic attack upon the problems and inconsistencies of United States involvement. And certainly various North American actions and policies have helped contribute to the present precarious position of the OAS.

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