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2 International Judicial Observer 1 (1996)

handle is hein.congcourts/ijudiob0002 and id is 1 raw text is: International uicial bserve NEWS AND COMMENTARY OF INTEREST TO JUDGES AROUND THE WOR A joint publication of the Federal Judicial Center and the American Society of International Law Number 2 • January 1 Justices, Judges from Across Western Hemisphere Assemble, Create Charter for New Organization of Supreme Courts Representatives of the supreme courts of 25 countries of the Western Hemisphere met in Washington, D.C., October 23-26, 1995, to discuss issues of common concern and to create a new judicial organization. On the last day of the conference the delegates to the second Conference of Su- preme Courts of the Americas voted to approve a charter for a new Organization of Supreme Courts of the Americas. The final vote on the charter, after debate on several of its provisions, was 22-0 (with three abstentions). The new organization will become op- erational once the charter has been ratified by the national judiciaries of 15 countries. The target date for the necessary number of ratifications is June 1996. Delegates discussed five issues during the three-day meeting: (1) judicial inde- pendence, (2) judicial ethics, (3) due pro- cess in the Americas, (4) organization of justice in the Americas in the twenty-first century, and (5) international judicial tribu- nals and their impact on national courts. In his welcoming address, Chief Justice of the United States William H. Rehnquist urged the delegates to develop programs on independence of the judiciary and rule of law that would deal with problems at all levels of their respective court systems. He also urged delegates to rely on points of view and expertise from judges at all lev- els, rather than the views of only the heads of those systems. Four other U.S. Supreme Court justices participated in the conference. Justice Stephen Breyer presented a paper on judi- cial independence, and Justice Anthony M. Kennedy delivered a paper on judicial eth- ics. Justices Sandra Day O'Connor and Antonin Scalia were members of panels responding to two other papers. Chief Justice Arturo Hoyos of Panama delivered the conference paper on due pro- cess in the Americas. Justice Ricardo Calvete Rangel of the Supreme Court of Colombia presented the conference paper on organization of justice in the Americas in the twenty-first century. Prof. Edward D. Re of St. John's Univer- sity Law School, former judge of the U.S. Court of International Trade, gave the key- note presentation on international judicial tribunals and their impact on national courts. Each paper was followed by comments from panel members and by general dis- cussion among the delegates. Other major speakers from the United States were Attorney General Janet Reno and Alexander F. Watson, assistant secre- tary of state for InterAmerican Affairs. Chief Judge Juan R. Torruella (U.S. 1st Cir.), designated by Chief Justice Rehn- quist as the official U.S. delegate to the conference, presided over the plenary ses- sions. Delegates to the conference were also given a demonstration of a U.S. criminal trial, which included a jury in a courtroom of the U.S. District Court for the District of Columbia. Areas of focus for the new organization will be the exchange of information and St. John's University Law School Professor Edward D. Re, former judge of the U.S. Court of International Trade, addresses delegates at the second conference of ChiefJustices ofthe Americas in Washington, D.C., in October Atright is ChiefJudge Juan R. Torruella (U.S. 1st Cir.), whopresided at the plenary sessions. technical expertise on topics concerning the independence of the judiciary and the rule of law. A permanent secretariat of the organization, which is to be located in Panama, will act as a clearinghouse of information for all member countries. Panama agreed to host the next meeting ofthe organization in early 1997. Under the terms ofthe proposed charter, Chief Justice Hoyos will act as president pro tempore of the organization through the next meeting. Other U.S. delegates to the conference were Chief Judge Michael M. Mihm (C.D. Ill.), chair of the Judicial Conference Com- mittee on International Judicial Relations, and Judge Cynthia Hall (9th Cir.), incom- ing chair of that committee. Countries represented at the conference were Argentina, Bahamas, Barbados, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Ecuador, El Salva- dor, Guatemala, Haiti, Honduras, Jamaica, Nicaragua, Panama, Paraguay, Peru, Suriname, United States, Uruguay, and Ven- ezuela. One delegate represented the coun- tries of the Eastern Caribbean. Simultaneous translations at each of the formal sessions were available in English, French, and Spanish. Ii Charter of the Organization of Supreme Courts of the Americas (Approved October 26, 1995, Washington, D.C., by delegates to the Conference of Su- preme Courts of the Americas. The charter becomes operational upon ratification by the national judiciaries of 15 countries.) Article I Name 1.1 This organization shall be known as the Organization of Supreme Courts oftheAmeri- cas (Organization). Article II Objectives and Goals 2.1 The fundamental objectives of the Orga- nization shall be to promote and strengthen judicial independence and the rule of law among the members, as well as the proper constitutional treatment of the judiciary as a fundamental branch of the State. 2.2 These fundamental objectives may be accomplished through specific activities in- cluding: serving as a permanent link between the judicial systems of the Americas, and promoting internationaljudicial cooperation in the hemisphere; supporting judicial edu- cation programs; sharing information; pro- moting regional technical assistance for the administration of justice; studying judicial administration and developing model proce- dures and administrative structures; promot- ing efficiency in judicial case management; promoting modernization of court systems through automation and technology; pro- moting access tojustice; promoting the adop- tion of, and compliance with, judicial ethics standards; and conducting regional or hemi- spheric meetings on specialized legal topics of interest to members. Article III Membership 3.1 National supreme courts of this hemi- sphere may join this Organization if they affirm their desire to join and to subscribe to the objectives of this Organization. 3.2 Each member of the Organization shall have one vote, except that those countries sharing a common supreme court shall be treated as one member and collectively shall have one vote. 3.3 The chief justice of a member's national supreme court (or a person designated by the chiefjustice) may participate in the Organiza- tion. Although a chief justice may designate more than one person to participate in the Organization on his or her behalf, only one representative per member shall have voice and vote at any one time. Article IV Meetings 4.1 The Organization shall hold a plenary meeting at least once every three years, at a time and place to be determined at the preced- ing meeting. Special meetings may be called upon the vote of 2/3 of the members. Observ- ers may be invited to attend but they shall not have the right to voice or vote. 4.2 At each plenary meeting, a host and plan- ning committee for the next meeting shall be chosen. The planning committee shall include representatives from each of the four hemi- spheric regions (NorthAmerica and the Carib- bean; CentralAmerica; theAndean Pact Coun- tries; and the Southern Cone/Brazil). Article V Decisions and Voting 5.1 The Organization exists as a neutral forum See CHARTER, page 2 British, U.S. Judges and Lawyers Meet, Discuss Shared Judicial, Legal Concerns by James G. Apple British-U.S. judicial and legal relations were substantially advanced during the sec- ond part of an Anglo-American exchange that concluded at the Federal Judicial Cen- ter in Washington, D.C., in early September 1995. From September 9-15, in Cambridge, Mass., and Washington, justices of the U.S. Supreme Court, federal judges, and noted attorneys from the American College of Trial Lawyers met with judges and lawyers from the United Kingdom to exchange views about cameras in the courtroom, the future of legal education, constitutional law, court- annexed arbitration and mediation, the han- dling of mass torts, and recent develop- ments in criminal procedure. Associate Justice of the U.S. Supreme Court Anthony M Kennedy (left) and Sir Thomas Bingham, Master of the Rolls ofthe Royal Courts of Justice in Britain, confer during the Anglo- American Exchange in Washington, D.C., in September Leading the U.S. delegation was Asso- ciate Supreme Court Justice Anthony M. Kennedy. The head of the British delega- tion was Sir Thomas Bingham, Master of the Rolls of the Royal Courts of Justice. Lord Harry Wolffrepresented the Law Com- mittee of the House of Lords, and Lord David Hope represented Scotland as part of the British delegation. Charles B. Renfrew, Esq., president of the American College of Trial Lawyers, headed the four-member U.S. attorney con- tingent. Participants in the exchange first con- vened at the Harvard Law School, where three ofthe exchange sessions were held. In Washington the participants observed a live mediation session and court proceedings at the Superior Court ofthe District of Colum- bia and attended a dinner at the Supreme Court hosted by Chief Justice William H. Rehnquist. Associate Justices Sandra Day O'Connor and Stephen Breyer, Senior District Judge William W Schwarzer (N.D. Cal.), and Chief Judge Barbara B. Crabb (W.D. Wis.) were also members of the U.S. delegation. The exchange was the ninth in a series that has been conducted over a 30-year period. Ll Inside... Judicial Reform Conference 2 International Tribunals and National Courts 2 Estonia 3 European Justices Meet 3 World Trade Organization as Trade Forum, Appellate Body 4 LD r996

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