Activities and Priorities Dept. Justice Private International Law 2007

INTRODUCTION

[1] This report sets out the status of implementation of private international law instruments, describes measures that have been taken by Canadian jurisdictions in the past year for their implementation, describes projects currently under negotiation and gives an outline of the projects the Department of Justice, in conjunction with its partners, will work on in the future and their level of priority.

[2] Domestically, implementation activity continued in 2006-07. Again this year, a significant effort was devoted to the implementation of the ICSID Convention, signed by Canada in December 2006. There was also progress on the implementation of other instruments at the provincial/territorial and federal levels. In addition, under the Commercial Law Strategy of the Uniform Law Conference of Canada (ULCC), the Department of Justice and other federal, provincial and territorial partners have embarked on new projects, including efforts aimed at implementation of the UN Convention on the Use of Electronic Communications in International Contracts, the UN Convention on Independent Guarantees and Stand-by Letters of Credit, and the Hague Convention on Choice of Court Agreements.

[3] The Department of Justice has allocated resources over the last year to improving and developing the international and national legal framework in private international law. Progress has been made in terms of developing new international instruments. For example, in February 2007 Unidroit finalized the Railway Rolling Stock Protocol to the Convention on International Interests in Mobile Equipment. Negotiations continued at UNCITRAL, Unidroit and the Hague Conference on Private International Law on projects that will culminate in new private international law instruments.

[4] The first part of this report deals with the various Canadian actors in private international law. In the course of its activities, the Department of Justice consults regularly with the provinces and territories, as well as with other interested federal departments, the private sector and the members of its Advisory Group on Private International Law. Contacts in the International Private Law Section (IPLS) are set out in AnnexA.

[5] The international and regional organizations involved in private international law and the projects in which Canada has participated will be briefly described in the second part of the report.

[6] Finally, the third part of the report presents the activities of the Department of Justice on private international law by theme. Projects are ranked with respect to their level of priority. To evaluate priority, IPLS, in collaboration with the Advisory Group in Private International Law, considers the following: the interest of the international community, Canada’s interest and the interest of national actors; its costs and benefits; and the challenges and difficulties related to implementation.

[7] In addition to the order of priority (high, medium, low), projects are divided into the following themes:

  • International Commercial Law
  • Judicial Cooperation and Enforcement of Judgments
  • Family Law
  • Protection of Property

[8] Key projects are displayed in similar order in the Overview Chart of Private International Law Priorities (Annex B) which provides an outline of the activities in the field of private international law and information on the status of instruments or projects. Another chart provides details on all of these subjects (Annex C).

[9] We also have attached a provisional list of international meetings for the coming year (Annex D) to inform you of activities in which the Department may be involved.

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