Annual Report - Activities and Priorities of Dept. Justice International Private Law 2008

CIVIL SECTION

ACTIVITIES AND PRIORITIES OF THE DEPARTMENT OF JUSTICE IN INTERNATIONAL PRIVATE LAW

REPORT OF THE DEPARTMENT OF JUSTICE CANADA

Quebec City, Quebec August 10-14, 2008

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 AND LAW FACULTIES

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 INTERNATIONAL PRIVATE LAW

A. INTERNATIONAL COMMERCIAL LAW

1. HIGH PRIORITIES

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

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

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

d. Convention on the Law Applicable to Securities Held by Intermediaries (Hague) – ULCC Uniform Act

e. Conventions on the Limitation Period in the International Sale of Goods and Protocol (UNCITRAL)

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

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

2. MEDIUM PRIORITIES

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

b. UNCITRAL Working Group on Insolvency Law – Treatment of enterprise groups

c. UNCITRAL Working Group on International Arbitration and Conciliation – Revision of UNCITRAL Arbitration Rules

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

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

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

3. LOW PRIORITIES

a. Draft Protocol on Matters Specific to Space Assets to the Convention on International Interests in Mobile Equipment (Unidroit)

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

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

d. Model Law on International Commercial Conciliation (UNCITRAL) – ULCC Uniform Act on International Commercial Mediation

B. JUDICIAL COOPERATION AND ENFORCEMENT OF JUDGMENTS

1. HIGH PRIORITIES

a. Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters (Hague Conference)

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

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

2. LOW PRIORITIES

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

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

c. Convention on International Access to Justice (Hague Conference) .28

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

d. Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (Hague Conference)

2. MEDIUM PRIORITIES

a. Convention on Intercountry Adoption (Hague Conference)

D. PROTECTION OF PROPERTY

1. HIGH PRIORITIES

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

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

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

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

August 2008

Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018