Imágenes de páginas
PDF
EPUB
[merged small][merged small][graphic][merged small]

Holds Its Fourth Conference

GEORGE MAURICE MORRIS and WILLIAM ROY VALLANCE

INDICATING a "coming of age" and setting a sound working pattern for future meetings the Inter-American Bar Association held its highly gratifying and stimulating Fourth Conference at Santiago, Chile from October 20 to October 27, 1945. Thanks to the splendid organization of the meeting and program by the Colegio de Abogados de Chile led by President Oscar Dávila I., the meeting was adequately housed and efficiently operated to reasoned and well considered conclusions. The results were accompanied by a cordial and royal (if "royal" is an appropriate term for such a markedly democratic gathering) entertainment, both public and individual, offered by the lawyers of Santiago and Valparaíso, government officials and members of the diplomatic corps in Chile. Understanding and fellowship among the lawyers of the Americas was definitely advanced.

In the Hall of Honor of the National Congress of Chile, more than five hundred delegates from bar associations of the American hemisphere assembled for the opening plenary session at Santiago on Sunday, October 21, 1945. Vice President Alfredo Duhalde Vásquez, Acting President in the absence abroad of President Ríos of Chile, Dr. Joaquín Fernández y Fernández, Minister of Foreign Relations, Dr. Enrique Arriagada Saldias, Minister of Justice, members of the Supreme Court of Chile, representatives of the diplomatic corps and many persons prominent in international and legal circles of the host country were on hand to respond to the

impressive calling of the roll of association members by the Secretary General, which marks the opening of each Conference of the Association.

The Conference functioned (and worked hard) through seventeen committees (round tables), to which definite topics had been assigned, with reporters designated to submit papers on each topic. This method of procedure proved highly satisfactory as it minimized discussion of irrelevant and ill-considered subjects and produced resolutions which were the result of careful study and discussion by persons specializing in the subject matter. The resolutions of the round tables were then considered by the Council, composed of forty-four delegates, elected as representatives of the member associations. Resolutions adopted by the committees (round tables) and approved by the Council were submitted to the Assembly for action.

Some ninety resolutions were adopted by the Conference. They dealt with immigration, nationality and naturalization, taxation, administrative law and procedure, commercial treaties and customs law, national centers for legal documents, bibliographical indices of law materials, comparative constitutional law, communications (including aviation, radio, highway, and shipping transportation), industrial, economic and social legislation, penal law and procedure, territorial waters and ocean fisheries, admiralty law, activities of lawyers' associations, intellectual and industrial pro

[ocr errors]

perty (copyright, patents, and trademarks), legal education, comparison of civil and commercial law (including the law of trusts and trustees and unification of the law of commercial obligations and the civil status of persons), municipal law, and postwar juridical problems.

A summary of a few of the resolutions adopted by the Conference follows. It was voted:

That the American republics arrange in a reciprocal way the entrance into or exit from their territories by the nationals of the other American republics on temporary trips without any other requisites except their identification cards.

That information be obtained regarding the national tax laws of the American countries on international business in order that a complete study of such laws may be made with a view to drafting model statutes for consideration by the respective countries for incorporation in national legislation.

tion in connection with the Inter-American C ference on Problems of War and Peace.

That a declaration of the international righ and duties of the individual and of internation persons be promulgated.

That the respective governments accept t compulsory jurisdiction of the International Cou of Justice for all matters referred to in Article 3 of the statute of that Court.

That international agreements be adopted lead ing to the humanization of war when it cannot b avoided, the use being prohibited of destructiv means which render impossible the defense of the civilian as well as that of hospitals, schools churches, asylums, etc.

That the Inter-American Juridical Committe sitting at Rio de Janeiro study an agreement rel ative to the internationalization of atomic fission and the establishment of an international organization which will control its application so that it will not be used in new wars, but for the progress of humanity, and as a means of preventing new

wars.

Bar associations were urged to take an active interest in bringing about the ex change of professors and students among the law schools of the Americas, and proposals, regarding the credits to be given to exchange students in the law schools of the Americas were customs crimes and

That a permanent commission be established consisting of representatives of each government to study the possibilities of creating a customs union of the Western Hemisphere and also for the study of the possibility of establishing uniform legislation pertaining to misdemeanors.

That each state organize procedure whereby legal security will be obtained in the field of labor, giving preference to the procedure of conciliation as a necessary condition before engaging in litigation procedures.

That an effort be made to harmonize the laws of the American countries with respect to maritime credits and their classification and privileges, and that uniformity of laws referring to credits which have a lien on vessels should be urged by member associations.

That the several American countries introduce as soon as possible in their laws the changes necessary in order that the rights conferred by patents of invention, industrial models, and commercial trademarks may be protected against infringements, imitation, and other similar violations.

That the draft of a "fundamental charter of the American continent" and other related papers be referred to the Pan American Union for considera

recom

mended for further study. Particular interest was manifested in the success of the Academy of International and Comparative Law, which will hold its second annual session at Habana, Cuba, in February 1946.

Considerable progress was reported in the preparation of a Spanish-English, English-Spanish legal dictionary under the guidance of the Mexican Bar Associa tion. The Brazilian delegation undertook to prepare a Portuguese-Spanish and Portuguese-English text.

Special interest in the Conference was shown by the judges of the Supreme Court of Chile. The delegates were present at a special session of the Chilean Supreme Court at which an address was delivered by the Chief Justice, with a response by a

member of the Supreme Court of Mexico. These were followed by a reception and luncheon given by the Court, at which the delegates were privileged to meet the judges of the Court informally and to obtain information regarding its procedure and functions. Among the many other outstanding events was the ball given by Dr. Fernández y Fernandez, Minister of Foreign Affairs, at the magnificent Cousiño Palace.

Hosts at receptions, cocktails, luncheons and banquets included the Directors of the Club Hípico de Santiago at the race course, the Colegio de Abogados de Chile at the Club de la Unión, the Directors of Chile Films at the studios, the ambassadors of many of the American republics at the embassies, Señor Dávila, president of the Association, and his wife, in the charming gardens of their home, the Law Schools of the University of Chile and of the Catholic University, the Minister of Justice in the Hotel Carrera, the Colegio de Abogados de Valparaíso in the Parque del Salitre and the great hall of the Hotel O'Higgins, and the Municipality of Valparaíso. This is not to mention the many private parties in homes and country places. The capacity of the hosts to give and of the guests to take evoked expressions of astonishment.

Owing to existing conditions in Argentina, the delegates of the Federación Argentina de Colegios de Abogados had decided that they should not attend the Conference. Their papers, however, were presented and considered by the various round tables. As a consequence, at the closing plenary session of the Conference the following resolution was adopted:

That it be declared that the bar associations of the Republic of Argentina, by reason of the quality of the papers presented by their members, and of their work for the progress of the Association, have

been present at this Fourth Conference of the Inter-American Bar Association, leaving, by their work in its debates, the most commendable interest in the rule of Liberty and Right.

Four important new member organizations were admitted, namely the Quebec Bar Association, the Instituto da Ordem dos Advogados de Rio Grande do Sul, the Instituto da Ordem dos Advogados de Minas Gerais, and the Women Lawyers' Association of Michigan.

The Hon. Antonio Talbot of the Quebec Bar Association, who had traveled the greatest distance to the Conference, delivered an address in French at the Law School of the Catholic University of Chile and emphasized the similarity of the fundamental legal concepts of the nations. of this hemisphere.

The Conference accepted the invitation of the Colegio de Abogados de Lima to hold the Fifth Conference in that city. (President Bustamante of Peru was a delegate to the Second Conference of the Inter-American Bar Association held at

Rio de Janeiro in 1943.) Dr. Óscar

Dávila I. was continued as President pending the expected election in December of a President of the Lima association. Upon the event of that election the office of President of the Inter-American Bar Association is expected to devolve upon the new president of the Lima Association.

Messrs. George Maurice Morris and William Roy Vallance of the United States and Miguel Macedo of Mexico were reelected as Chairman of the Executive Committee, Secretary General and Treasurer, respectively. The following were elected Assistant Secretaries General:

Dr. Oswaldo Trigueiro, Brazil.
Dr. Mario Tagle Valdés, Chile.
Dr. Enrique Dolz, Cuba.
Dr. Luis J. Creel Luján, Mexico.
Dr. Dantès Bellegarde, Haiti.
Dr. Enrique García Sayán, Peru.

Henry F. Butler of the United States was elected Assistant Treasurer.

The excellent organization and able management of the Conference deserve special praise. Delegates were registered promptly and were issued a printed pamphlet in Spanish or English containing full information regarding the Conference program, the places at which meetings were held, and matters of general interest about Santiago. Invitations to the numerous functions and copies of papers considered by the various round tables were distributed through a post-box system at

the headquarters. The work of the vari ous groups proceeded smoothly and, in so far as practicable, translators were provided for the different committees.

The Fourth Conference is considered to have been an outstanding success and to have established a high record of achievement. During the enjoyable social events, many friendships among the lawyers of this hemisphere were created and others cemented. There is something in the experience of both working and playing with a man which gives reality to the word "neighbor" in our inter-American relations.

« AnteriorContinuar »