Activities and Priorities Dept. Justice Private International Law 2007

CIVIL SECTION

ACTIVITIES AND PRIORITIES OF THE DEPARTMENT OF JUSTICE

IN PRIVATE INTERNATIONAL LAW

REPORT OF THE DEPARTMENT OF JUSTICE CANADA

2007

Charlottetown, P.E.I.

September 9-13, 2007

TABLE OF CONTENTS

INTRODUCTION

I. NATIONAL ACTORS

A. ADVISORY GROUP ON PRIVATE INTERNATIONAL LAW

B. FEDERAL-PROVINCIAL-TERRITORIAL COOPERATION

1. Uniform Law Conference of Canada (ULCC)

2. Civil Justice Committee

C. PRIVATE SECTOR

II. INTERNATIONAL ORGANIZATIONS

A. THE HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW

B. UNCITRAL

C. UNIDROIT

D. WORLD BANK

E. REGIONAL ORGANIZATIONS: THE ORGANIZATION OF AMERICAN STATES

F. BILATERAL ACTIVITIES

III. PRIORITIES OF THE DEPARTMENT OF JUSTICE IN PRIVATE INTERNATIONAL LAW

A. INTERNATIONAL COMMERCIAL LAW

1. HIGH PRIORITIES

a. Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID) (World Bank) 7

b. Convention on International Interests in Mobile Equipment and Aircraft Protocol (Unidroit/ICAO)

c. Draft Legislative Guide on Secured Transactions (UNCITRAL)

d. Project on Harmonised Substantive Rules Regarding Indirectly Held Securities (Unidroit)

e. Convention on the Law Applicable to Securities Held by Intermediaries (Hague Conference)

f. Convention on the Assignment of Receivables in International Trade (UNCITRAL) 14

g. Conventions on the Limitation Period in the International Sale of Goods (UNCITRAL)

2. MEDIUM PRIORITIES

a. Convention on the Use of Electronic Communications in International Contracts (UNCITRAL)

b. Model Law on International Commercial Conciliation (UNCITRAL)

c. Preliminary draft Protocol on Matters specific to Space Assets to the Convention on International Interests in Mobile Equipment (Unidroit)

d. Review of Model Law on Procurement of Goods, Construction and Services (UNCITRAL)

e. UNCITRAL Working Group on International Arbitration and Conciliation

f. CIDIP VII – Project on Electronic Registries for Secured Transactions (OAS)

g. CIDIP VII- Project on Jurisdiction and Law Applicable to Consumer Contracts (OAS)

3. LOW PRIORITIES

a. Convention on Independent Guarantees and Stand-by Letters of Credit (UNCITRAL)

b. Convention on International Bills of Exchange and International Promissory Notes (UNCITRAL)

c. Convention on Contracts for the International Sale of Goods (UNCITRAL)

d. Inter-American Convention on the Law Applicable to International Contracts (OAS)

e. UNCITRAL Working Group on Insolvency Law

f. Case Law on UNCITRAL Texts (CLOUT)

g. Model Franchise Disclosure Law (Unidroit)

h. Convention on International Financial Leasing and Convention on International Factoring (Unidroit)

i. Preliminary draft Protocol on Matters specific to Railway Rolling Stock to the Convention on International Interests in Mobile Equipment (Unidroit / OTIF) 26

j. Draft Model Law on Leasing (Unidroit)

B. JUDICIAL COOPERATION AND ENFORCEMENT OF JUDGMENTS

1. HIGH PRIORITIES

a. Convention on Choice of Court Agreements (Hague Conference)

b. Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (Hague Conference)

2. LOW PRIORITIES

a. Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (Hague Conference)

b. Canada/United Kingdom Convention on Recognition and Enforcement of Judgments (Bilateral)

c. Canada-France Convention on Recognition and Enforcement of Judgments (Bilateral)

d. Convention on Service Abroad (Hague Conference)

C. FAMILY LAW

1. HIGH PRIORITIES

a. Convention on the International Protection of Adults (Hague Conference)

b. Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children (Hague Conference)

c. Draft Convention on the International Recovery of Support Orders and Other Forms of Family Maintenance (Hague Conference)

d. Convention on Intercountry Adoption (Hague Conference)

2. MEDIUM PRIORITIES

a. Convention on the Civil Aspects of International Child Abduction (Hague Conference)

D. PROTECTION OF PROPERTY

1. HIGH PRIORITY

a. Convention on the Form of an International Will (Unidroit)

b. Convention on the Law Applicable to Trusts and their Recognition (Hague Conference) 41

2. MEDIUM PRIORITIES

a. Convention on the Law Applicable to Successions (Hague Conference)

3. LOW PRIORITIES

a. Convention on the Return of Stolen or Illegally Exported Cultural Objects (Unidroit)

CONCLUSION

Annexes

Annex A – International Private Law Section Contacts

Annex B – Overview Chart of Private International Law Priorities

Annex C – chart of Private International Law Priorities

Annex D – Provisional list of international meetings

Report of the Department of Justice Canada

September 2007

Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018