Activities and Priorities of Dept. Justice in Private International Law 2003

2003 Fredericton, NB

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

REPORT TO THE UNIFORM LAW CONFERENCE OF CANADA

TABLE OF CONTENTS

INTRODUCTION 4

I. NATIONAL ACTORS 5

A. ADVISORY GROUP ON PRIVATE INTERNATIONAL LAW 5

B. FEDERAL-PROVINCIAL-TERRITORIAL COOPERATION 5

1. Uniform Law Conference of Canada 6

2. Civil Justice Committee 6

C. PRIVATE SECTOR 6

II. INTERNATIONAL ORGANIZATIONS 7

A. THE HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW 7

B. UNCITRAL 7

C. UNIDROIT 9

D. WORLD BANK 10

E. REGIONAL ORGANIZATIONS: THE ORGANIZATION OF AMERICAN STATES 10

F. BILATERAL ACTIVITIES 11

III. PRIORITIES OF THE DEPARTMENT OF JUSTICE IN PRIVATE INTERNATIONAL LAW 11

A. INTERNATIONAL COMMERCIAL LAW 11

1. HIGH PRIORITIES 11

a. Convention on the Settlement of Investment Disputes (ICSID) (World Bank) 11

b. Conventions on the Limitation Period in the International Sale of Goods (UNCITRAL) 12

c. Convention on International Interests in Mobile Equipment (UNIDROIT) 13

Aircraft Protocol 13

d. Working Group on Arbitration (UNCITRAL) 15

e. Working Group on Electronic Commerce (UNCITRAL) 16

f. Working Group on Security Interests (UNCITRAL) 18

2. MEDIUM PRIORITIES 19

a. Convention on the Assignment of Receivables (UNCITRAL) 19

b. Convention on securities held by intermediaries (Hague Conference) 19

3. LOW PRIORITIES 20

a. Convention on Independent Guarantees and Stand-by Letters of Credit (UNCITRAL) 20

b. Convention on Contracts for the International Sale of Goods (UNCITRAL) 20

c. Convention on International Bills of Exchange and International Promissory Notes (UNCITRAL) 21

d. Inter-American Convention on the Law Applicable to International Contracts (OAS) 22

e. Model Law on Cross-border Insolvency (UNCITRAL) 23

f. Case Law on UNCITRAL Texts (CLOUT) 24

g. Working Group on Insolvency Law (UNCITRAL) 24

h. Model Franchise Disclosure Law (Unidroit) 25

i. Convention on International Leasing and Convention on International Factoring (UNIDROIT) 26

j. Draft Railway Rolling Stock Protocol to the Convention on International Interests in Mobile Equipment (Unidroit) 26

k. Draft Space Protocol to the Convention on International Interests in Mobile Equipment (Unidroit) 27

B. JUDICIAL COOPERATION AND ENFORCEMENT OF JUDGMENTS 28

1. HIGH PRIORITIES 28

a. Judgments Project - Draft Text On Choice Of Court Agreements (Hague Conference on Private International Law) 28

b. Convention on Service Abroad (Hague Conference) 29

c. Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (Hague Conference) 30

d. Convention on the Taking of Evidence Abroad (Hague Conference) 31

2. LOW PRIORITIES 32

a. Canada/United Kingdom Convention on Recognition and Enforcement of Judgments (Bilateral) 32

b. Canada-France Convention on Recognition and Enforcement of Judgments (bilateral) 33

C. FAMILY LAW 34

1. HIGH PRIORITIES 34

a. Convention on the International Protection of Adults (Hague Conference) 34

b. Convention on Parental Responsibility and Measures of Protection of Children (Hague Conference) 34

c. Possible Convention on Maintenance Obligations (Hague Conference) 35

2. MEDIUM PRIORITIES 36

a. Convention on Intercountry Adoption (Hague Conference) 36

b. Convention on the Civil Aspects of International Child Abduction (Hague Conference) 37

D. PROTECTION OF PROPERTY 38

1. LOW PRIORITIES 38

a. Convention on the Form of an International Will (UNIDROIT) 38

b. Convention on the Law Applicable to Successions (Hague Conference) 38

c. Convention on the Return of Stolen or Illegally Exported Cultural Objects (UNIDROIT) 39

d. Convention on the Law Applicable to Trusts (Hague Conference) 39

CONCLUSION 40

Ottawa Contacts - Private International Law Team 41

Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018