Treaty Of Montevideo Research Articles

LA NUEVA GUÍA DE LA ORGANIZACIÓN DE ESTADOS AMERICANOS Y EL DERECHO APLICABLE A LOS CONTRATOS INTERNACIONALES (PARTE I)

This paper addresses the general issues of the Guide on the law applicable to international commercial contracts in the Americas approved by the Organization of American States (OAS) in February 2019. The paper analyses the background of this relevant text, the conventions on the matter previously approved in America starting with the Montevideo Treaties of 1889, the influence on the Guide of The Hague Principles on choice law in international commercial contracts of 2015, the gestation of the idea of making a Guide by the OAS and the process undertaken to prepare the Guide approved in 2019.

Pioneering International Women’s Rights? The US National Woman’s Party and the 1933 Montevideo Equal Rights Treaties

Abstract Histories of equal rights for women in international law normally begin with post-World War II initiatives. Such an approach leaves out two treaties signed at the 1933 Montevideo Pan-American Conference, the Equal Nationality Treaty and the Equal Rights Treaty, which remain forgotten among international lawyers. By reconstructing their inception and intellectual background, this article aims to raise awareness about debates on international law among feminist activists in the interwar years. In turn, the focus on activist work allows for the recovery of the contribution of women to the development of the discipline in that seminal period, a contribution usually obfuscated by men’s predominance in diplomatic and academic roles. By outlining the contribution of two key promoters of the Montevideo treaties – Doris Stevens and Alice Paul of the National Woman’s Party – the article takes a step towards the re-inclusion of women’s rights activists within the shared heritage of international law and its history.

Un Órgano de Solución de Controversias para la ALADI

The Latin American Integration Association (ALADI) was created by means of the Montevideo Treaty of 1980. Its creation is due, on the one hand, to the failure of the project to create a Latin American common market through the Latin American Free Trade Association (ALALC), which had been created through the Treaty of Montevideo in 1960. From that perspective, the function of ALADI was the preservation of the "historic heritage" of LAFTA, which is nothing more than giving effect beyond the late LAFTA to the partial agreements of trade liberalization that had been reached in the multilateral and bilateral rounds within the framework of that organization.

Cross-border bank insolvency: Legal implications in the case of banks operating in different jurisdictions in Latin America

This paper focuses on the issue of bank liquidation from an international perspective and discusses the legal implications of the liquidation of banks with branches and subsidiaries in different jurisdictions. The regional scope of the paper is Latin America, though references to EU and US law are also included. The paper is divided into six sections. The first section provides an introduction to the subject. The next section broadly discusses the options available to the authorities to deal with failed banks (liquidation or rehabilitation). The third section deals with the international, regional and bilateral rules regarding issues of cross-border insolvency. Special attention is given to the Montevideo Treaties and the Bustamante Conventions as relevant treaty developments in this field in Latin America. This section also covers a brief analysis of international law principles applicable to cross-border insolvency. The fourth section examines the work of the Basel Committee on Banking Supervision with regard to the international regulation of branches and subsidiaries. It also presents some observations with regard to the closure of a multinational bank. This is followed by a section that surveys the regulation of branches, subsidiaries and joint ventures in some Latin American countries. This section is complemented by three appendices at the end of the paper which summarise the legislation applicable to foreign branches and subsidiaries and to local branches and subsidiaries overseas in six jurisdictions: Peru, Chile, Venezuela, Colombia, Brazil and Argentina. A further appendix (Appendix 4) analyses the powers of supervisors, in particular with regard to the liquidation of banks, in these six jurisdictions. The final section presents the example of the Brazilian legislation and practice to deal with the problems (including possible liquidation) of foreign branches and subsidiaries in the country as well as the problems (including possible liquidation) of branches and subsidiaries abroad. The latter is illustrated with a case which involved the liquidation of a Brazilian bank with branches in New York and Cayman Islands.

Cross-Border Bank Insolvency: Legal Implications in the Case of Banks Operating in Different Jurisdictions in Latin America

This article focuses on the issue of bank liquidation from an international perspective and discusses the legal implications of the liquidation of banks with branches and subsidiaries in different jurisdictions. The regional scope of the paper is Latin America, though references to EU and US law are also ncluded. The paper is divided into five sections, beginning with an introduction to the subject. Section I broadly discusses the options available to the authorities to deal with failed banks (liquidation or rehabilitation). Section II deals with the international, regional, and bilateral rules regarding issues of cross-border insolvency. Special attention is given to the Montevideo Treaties and the Bustamante Conventions as relevant treaty developments in this field in Latin America. This section also covers a brief analysis of international law principles applicable to cross-border insolvency. Section III examines the work of the Basel Committee on Banking Supervision with regard to the international regulation of branches and subsidiaries. It also presents some observations with regard to the closure of a multinational bank. Section IV surveys the regulation of branches, subsidiaries, and joint ventures in some Latin American countries. This Section is complemented by three appendixes at the end of the paper which summarize the legislation applicable to foreign branches and subsidiaries and to local branches and subsidiaries overseas in six jurisdictions: Peru, Chile, Venezuela, Colombia, Brazil, and Argentina. A further appendix (Appendix 4) analyses the powers of supervisors, in particular with regard to the liquidation of banks, in these six jurisdictions. Section V presents the example of the Brazilian normative and practice to deal with the problems (including possible liquidation) of foreign branches and subsidiaries in the country as well as the problems (including possible liquidation) of branches and subsidiaries abroad. The latter is illustrated by a case which involved the liquidation of a Brazilian bank with branches in New York and Cayman Islands. Copyright Oxford University Press 2003, Oxford University Press.

Recent Developments in Private International Law in the Americas

The Charter of the Organization of American States, approved in 1948, assigned to the Inter-American Council of Jurists, among other functions, the task of promoting ‘the development and the codification of international law’ (Article 67). Therefore, on September 6, 1949, the Inter-American Juridical Committee, which was the Permanent Commission of the Council (Article 68), presented a Report that favoured the revision of the Bustamante Code, taking into account the Montevideo Treaties and the American Restatement of Conflict of Laws.

LAFTA’s successes and failures

The Latin American Free Trade Association (LAFTA), established by the Treaty of Montevideo in 1960, was an attempt by the participating countries to seek a way out of the dilemma of declining demand for their exports, on the one hand, and the inadequacy of a solely inward-looking strategy in development policy, on the other.

Economic Integration in Latin America Progress and Problems

E CONOMISTS and business men in Latin America are becoming increasingly conscious of the need, in the competitive world of today, to break down the traditional barriers of nationalism and rivalry that have separated the republics from each other for 150 years. None of the early dreams of political unity has ever been realised, and none is likely to be realised so long as moves towards integration depend solely on politicians. The economic approach has more chances of success if only because it involves economic policy-makers, industrialists, and traders, whose interests are other than those of the politicians. The Latin American Free Trade Association (LAFTA), the Central American Common Market (to give it its short name), and the Inter-American Development Bank, are the creations of economists and planners, and they are proving to be powerful forces making for a process of integration that may eventually give the name 'Latin America' some real economic significance, which it does not have today. The efforts of the Latin Americans to overcome by integration the obstacles to economic expansion that are inherent in their isolation from each other-no less than in their dependence on the high-income countries of the Northern hemisphere-have been largely inspired by the European Economic Community, and to a smaller extent by the European Free Trade Association. Integration is in fact a fashionable concept, although the sceptics believe that the difficulties involved in integrating such widely disparate economies as those of the Latin American republics are far greater than those that were involved in forming the European Economic Community. It is possible that when the Treaty of Montevideo was signed in 1960 and 1961 1 the difficulties that lay ahead were under-estimated; it must have been apparent, however, that integration would be a slow process, for the Treaty is modest in its aims an.d attempts no more than to set up a free trade association, with the suggestion that integration might be