2000 Victoria, BC
ACTIVITIES AND PRIORITIES OF THE DEPARTMENT OF JUSTICE IN PRIVATE INTERNATIONAL LAWINTRODUCTION
In the past year the Department of Justice has continued its efforts toward the harmonisation of private international law through multilateral agreements, within international organisations such as the Hague Conference on Private International Law, Unidroit and the United Nations Commission on International Trade Law (UNCITRAL) and in regional organisations such as the Organisation of American States (OAS) and through bilateral agreements.
There have been some notable events on the private international law scene in the past year. Negotiations continued in the Hague Conference on Private International Law, at UNCITRAL and at Unidroit on three major projects which will culminate in new private international law conventions by the end of 2001: the draft Convention of the Jurisdiction and the Effects of Judgements in Civil and Commercial Matters, the draft Convention on International Interests in Mobile Equipment and related Aircraft Protocol; and the draft Convention on Assignment of Receivables. Additionally, the Department of Justice continued its involvement in Private International Law projects at the Uniform Law Conference of Canada.
The goal of this report is to present Canada’s accomplishments in private international law over the past year and to describe the projects the Department of Justice, in conjunction with its partners, will work on in the future on a priority basis.
The first part of the report deals with the different actors in private international law at the Canadian level. 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.
The international and regional organisations involved in private international law and the projects in which Canada has participated will be briefly described in the second part of the report.
Finally, the third part of the report presents the activities of the Department of Justice in private international law using a thematic approach.
Furthermore, in light of the ongoing concerns regarding the decrease in governmental resources and the growing importance of globalisation, activities are ranked with respect to their level of priority. In order to evaluate the status of each project, the PIL Team bases itself on the following criteria: international community interest, Canadian interest, and national actors’ interest in the project; costs and benefits of the project; and finally, the challenges and difficulties related to implementation.
The projects are therefore presented in the third part by order of priority (high, medium, low) within sections with the following themes:
- International Commercial Law
- Judicial Cooperation and Enforcement of Judgements
- Family Law
- Protection of Property
These projects are also displayed in the same order in the Chart of Private International Law Priorities (Annex A). We hope that this presentation is clear and useful and encourage you to provide us with your views on it by contacting the individuals listed at the end of this report.
We also have attached a Status Chart of Canadian Participation in Private International Law Instruments (Annex B) which gives updated information on conventions in private international law to which Canada is a party or to which it is considering acceding.
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