The future of private international law in the americas: reflections on the occasion of the celebration of the 50th anniversary of the First Inter-American Specialized Conference On Private International Law

Private international law in the Americas was successfully and consistently developed in recent decades through the Inter-American Specialized Conferences, an organ of the Organization of American States, and whose starting point was CIDIP-I, held 50 years ago, in 1975. The last Conference was conve...

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Detalhes bibliográficos
Autor: Negro Alvarado, Dante
Formato: artículo
Estado:Versión publicada
Fecha de publicación:2024
País:Perú
Recursos:Sociedad Peruana de Derecho Internacional
Repositorio:Revista Peruana de Derecho Internacional
Idioma:español
OAI Identifier:oai:ojs2.72.167.226.102:article/795
Acesso em linha:https://revista.spdi.org.pe/RPDI/article/view/795
Access Level:acceso abierto
Palavra-chave:Organization of American States
private international law
Inter-American Specialized Conferences
CIDIP
codification
progressive development of international law
soft law
Organización de los Estados Americanos
derecho internacional privado
Conferencias Especializadas Interamericanas
codificación
desarrollo progresivo del derecho internacional
Descrição
Resumo:Private international law in the Americas was successfully and consistently developed in recent decades through the Inter-American Specialized Conferences, an organ of the Organization of American States, and whose starting point was CIDIP-I, held 50 years ago, in 1975. The last Conference was convened 15 years ago, which might show a certain paralysis of the codification process. Given the important contribution that the region has made to the development of universal private international law and the great impact that the results of the Specialized Conferences had on transnational private relations, it is more than necessary to explore what are the tools and mechanisms that the inter-American system itself offers us today to resume the codification and progressive development of this branch of law, including, if applicable, the use of soft law rules. To take a look at the work of the Specialized Conferences, we have drawn on the writings and contributions of leading specialists in private international law in the Americas. To construct specific proposals for the future, we have used official documents of the Organization of American States which provide us with an approach to the political decisions that, although still incipient, allow us to glimpse the future of this branch of law in our region. With this, we hope to be able to provide concrete alternatives that can be evaluated and supported decisively by both government authorities and experts and specialists on the continent.