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First South American Congress of Private International Law

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The First South American Congress of Private International Law was an international congress on private international law (or conflict of laws) and an ad-hoc codifier forum of international conflict of laws treaties held in Montevideo between 1888 and 1889, in which eight treaties and an additional protocol were passed that covered practically all the subjects of conflicts of laws of that time.[1] These were one of the first treaties on conflict of laws to come into force in the world.

Invitation

On March 10, 1888, on the initiative of the Minister of Foreign Affairs of Argentina, Norberto Quirno Costa and the Minister Plenipotentiary of Uruguay to Argentina, Gonzalo Ramírez, Quirno Costa sent invitations for the Congress on Private International Law that were to be organized by the governments of Argentina and Uruguay, next August 25, 1888 in Montevideo, to the governments of Bolivia, Brazil, Colombia, Chile, Ecuador, Paraguay, Peru and Venezuela.[2]

Governments of Bolivia, Brazil, Chile, Paraguay and Peru accepted to the invitation.[2] On the other hand, government of Colombia declined the invitation because it was necessary to review the current legislation due to the recent reform of the Colombian Constitution, task that prevented it from attending the Congress since it would not be done before the beginning of the Congress. In the case of Ecuador, it declined the invitation because they were in the middle of elections, so there would be an imminent change of government functionaries, and the new functionaries should be the ones who select and sent representatives. Venezuelan government declined the invitation because "the narrow time" since they received it to the date of beginning of the Congress, and due to the distance their plenipotentiary would have to travel would make it impossible to attend.[2]

Attended to the Congress Roque Sáenz Peña and Manuel Quintana as representatives of the Republic of Argentina, Santiago Vaca Guzmán as the representative of the Republic of Bolivia, Domingos de Andrade Figueira as the representative of the Empire of Brazil, Guillermo Matta and Belisario Prats as the representatives of the Republic of Chile, Benjamín Aceval and José Zacarías Caminos as the representatives of the Republic of Paraguay, Cesáreo Chacaltana and Manuel María Gálvez as the representatives of the Republic of Peru, and Ildefonso García Lagos and Gonzalo Ramírez as the representatives of the Oriental Republic of Uruguay.[1][2]

Treaties

Treaty Argentina Bolivia Brazil Chile Colombia [t 1] Ecuador [t 1] Paraguay Peru Uruguay
Treaty on International Civil Law of 1889 Ratified Ratified No No Adhered No Ratified Ratified Ratified
Treaty on International Commercial Law of 1889 Ratified Ratified Signed Signed Adhered No Ratified Ratified Ratified
Treaty on International Procedural Law of 1889 Ratified Ratified Signed Signed Adhered No Ratified Ratified Ratified
Treaty on International Criminal Law of 1889 Ratified Ratified No No No No Ratified Ratified Ratified
Treaty on Literary and Artistic Property of 1889 [t 2] Ratified Ratified Signed Signed No No Ratified Ratified Ratified
Treaty on Trade and Factory Brands of 1889 Ratified Ratified Signed Signed No No Ratified Ratified Ratified
Treaty on Patents for Inventions of 1889 Ratified Ratified Signed Signed No No Ratified Ratified Ratified
Convention on the Practice of Learned Professions of 1889 Ratified Ratified Adhesion subject to
later ratification		 No Adhered Adhered Ratified Ratified Ratified
Additional Protocol to the Treaties of Montevideo of 1889 Ratified Ratified No No No No Ratified Ratified Ratified
Notes
  1. ^ a b Did not attend the Congress.
  2. ^ Other non-South American countries also adhered to this treaty: France in 1896,[3] Spain[3] and Italy in 1900,[3] Belgium in 1903,[3] adhesions effective with Argentina and Paraguay.[3]

References

  1. ^ a b Silva Alonso, Ramón (2002). "La contratación internacional en América: del Congreso Sudamericano de DIP de 1889 a la V Conferenica Interamericana de Derecho Internacional Privado". In Kleinheisterkamp, Jan; Lorenzo Idiarte, Gonzalo A. (eds.). Avances del Derecho Internacional Privado en América Latina. Liber Amicorum Jürgen Samtleben (in Spanish). Fundación de Cultura Universitaria. pp. 25–26. ISBN 9974-2-0418-6.
  2. ^ a b c d Congreso Sud-Americano de Derecho Internacional Privado 1889, p. 7-18
  3. ^ a b c d e Bowker, Richard Rogers (1912). Copyright, Its History and Its Law. The Riverside Press Cambridge. pp. 331, 425–428.

Bibliography

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