6
Center for Legal Innovation, Development and Research for Latinoamerica
(The Law, the corner stone for development)
CENTER FOR LEGAL INNOVATION, DEVELOPMENT AND RESEARCH
FOR LATINOAMÉRICA
(The Law, the corner stone for development)
Garrigues y el Instituto Tecnológico y de Estudios Superiores de Monterrey
Purpose of the center for legal innovation, development and research for Latin America
The Center for Legal Innovation, Development and Research for Latin America has been established thanks to the generous support of the Instituto Tecnológico y de Estudios Superiores de Monterrey (Monterrey Tech), through the Cátedra Eduardo A. Elizondo, and the Spanish law firm Garrigues to the purpose of having a forum for discussing those issues that may have legal relevance for the Latin American region.
There are three concrete and interrelated actions, which are being implemented to this purpose:
1. Selecting 100 legal minds of the utmost prestige throughout Ibero-America, Haiti and Quebec (the Group of the 100). This group of jurists shall be the heart of the Center for Legal Innovation, Development and Research for Latin America.
2. Establishing a web-based forum based upon an Internet portal with State of the Art technology for the permanent discussion of the initiatives generated within the forum by the Group of the 100.
3. Having an annual meeting of the Group of the 100 of the Garrigues – Monterrey Tech Center for Innovation, Development and Research for Latin America.
The Heart of the Center
The process for choosing the members of the Group of the 100 of the Garrigues – Monterrey Center for Innovation, Development and Research for Latin America has been made upon the basis of rigorous professional criteria, taking into consideration the philanthropic nature of the goals pursued by establishing and developing this initiative, as well as the intellectual and professional prestige of the potential members.
The Group of the 100 is numerus clausus and all jurist of high prestige through out Latin American,[1] Spain and Portugal are eligible.
Hence, all and each country in Latin America shall be represented in the Group of the 100, providing a cosmo-vision of those issues affecting and concerning the Latin-American region, based upon the cultural and intellectual Greco-Latin heritage and the Civil Law Tradition of these countries.
A group of experts chose the first 76 numerus clausus members of the Group of the 100. This jurists represent almost every country in Ibero-America, as well as Quebec. However, Uruguay, Paraguay, Bolivia and Haiti are not yet represented in the Group of the 100.
It is expected that during the second annual meeting of the Group of the 100 to be held in Madrid, Spain, the general assembly of the Group will elect numerus clausus members representing Uruguay, Paraguay, Bolivia and Haiti.
Additional candidates for numerus clausus membership, from Latin American countries already represented in the Group of the 100, will be submitted for consideration and vote of the general assembly.
Currently, the topics for discussion in the Center are grouped in four categories:
1. Private legal relations, including those issues concerning the every day aspects of the lives of individuals and legal entities, either commercial or non-commercial matters. In this category will be included al matters concerning, among others, Civil and Commercial Law matters, international contracts, Anti-Trust, Securities, the Exchange, etc.
2. New technologies, including legal issues concerning the environment, Internet based activities, Intellectual Property, Mass Media and modern means of communications, bioethics, etc.
3. Administration of justice, either coming from the State-Government agencies (either judicial or administrative), as well as other means for alternative dispute resolution such as mediation, amiable composition and arbitration.
4. Public policy, good corporate governance and social responsibilities both from a State-Government and private perspective and the implications of the above on Stock Markets.
However, the Group of the 100 may suggest new subjects for discussion not covered in these four categories (e.g. energy, education, etc.), or subject which may have a transversal implication in more than one of the already established working categories
Technology and organization of the Center
Establishing a virtual platform through an Internet portal responding to the need of having a common platform to link, communicate and support the work of the Group of the 100 regardless of time differences and geographical locations, providing at the same time a point of encounter where both the Group of the 100 and accredited permanent observers may meet together. Further discussion about the permanent observers will be made below.
This Internet portal – the web-based space to make proposals, as well as for the discussion, analysis and debate of the same – has been prepared to have State of the Art technological tools and shall maintain the presentations made by the Group of the 100, as well as other lectures and presentations made in relation to the Center and the work of the Groups of the 100.
This Internet portal is being developed to have sufficient capabilities and the technological resources as to receive answers, contributions, conclusions and comments on the presentations and lectures made in relation to the work of the Group of the 100 and other documents which may be relevant to the same, as well as other topics that may develop within the space of this virtual forum.
This virtual forum shall also become the main basis for preparing a digital and hardcopy report, which will be distributed among 500 of the most relevant institutions around the world.
The technology of the Center is user friendly in order to make it easily accessible to each one of the members of the Group of the 100, as well as by the accredited observers.
The Center inauguration took place on October 19, 20 and 21, 2008, at the Institituro Tecnológico y de Estudios Superiores de Monterrey, the permanent home for the Center for Legal Innovation, Development and Research, where the first annual meeting of the Group of the 100 was held.
On the occasion inauguration of the Center for Legal Innovation, Development and Research and the first annual meeting of the Group of the 100, the names of the first 76 members of the Group of the 100 was made public.
Eight presentations and initiatives were submitted by members of the Group of the 100 on topics concerning good practices for corporate government, administration of justice, private international law codification in the Americas, constitutional law and arbitration of investment disputes. Such presentations and initiatives have been uploaded in the web portal.
Likewise, during this first meeting the first working groups were installed and the first legal agenda for Innovation, Development and Research was drafted. It is expected that the Center’s Internet portal and virtual platform will become – par excellence – the focal point for Latin American legal development.
During this first year the member of the Group of the 100 have been in touch with the Secretariat of the Center and the first issues about the Group of the 100 and the Center have been opened for discussion.
The permanent observers
Accredited permanent observers, including public entities, private institutions, universities, prestigious jurists, Foundations and private corporations shall become first line invitees to the annual meetings of the Group of the 100 of the Garrigues – Tec de Monterrey Center for Legal Innovation, Development and Research for Latin America.
At this point there is no numerus clausus for the permanent observers and only a small group of no more than 50 people were invited to the first meeting. However, the normal course of events may take the number of permanent observers to a high number.
The permanent observers may have access to the web-portal of the Center for Legal Innovation, Development and Research to learn about on-going works, as well as about the dynamics and contributions made by the Group of the 100 within such virtual platform.
The permanent observers shall also be entitled to attend the annual meetings of the Group of the 100 of the Garrigues – Tec de Monterrey Center for Legal Innovation, Development and Research for Latin America where appropriate channels will be established for the comments, contributions and observations, as well as for the purpose of keeping in touch with the members of Group of the 100.
The organization and operation of both the Center for Legal Innovation, Development and Research for Latin America and the annual meetings of the Group of the 100 shall count with an administrative structure made out of a General Coordinator, moderators and a General Secretariat.
The General Coordinator is a fundamental vehicle to promote, organize, facilitate and lead the work of the Group of the 100. The General Coordinator, Mr. José María Alonso, was appointed from within the membership of the Group of the 100 and he promotes the work of the moderators, develops along with the other members of the Group of the 100 the legal schedule of the Center and provides for the efficient development of the annual meetings.
The General Coordinator also appoints moderators for each one of the working groups during each annual meeting.
The General Secretariat of the Garrigues – Tec de Monterrey Center for Legal Innovation, Development and Research for Latin America corresponds jointly to Mr. Antonio Alonso-Ureba and Dr. Carlos A. Gabuardi, who, among others, shall have the following tasks: proposing to the general assembly of the Group of the 100 the name of the new members either to fill a vacant number or to replace those members who have passed away, have renounced to membership or have been dismissed.
The General Co-secretaries communicate the appointment to the person who has been chosen; correct deficiencies, appoint the General Coordinator, provide assistance to the Group of the 100, administrate the web-based portal and support its infrastructure, obtain and compile commentaries to reach conclusions on the topics under debate, organize the annual meetings, provide accreditation to the permanent observers, and in general, support all such matters and activities which may be necessary for the adequate management and operation of the Garrigues – Tec de Monterrey Center for Legal Innovation, Development and Research for Latin America, the Group of the 100.
The second meeting of the Group of the 100
The second meeting of the Group of the 100 will take place in Madrid, Spain, on November 11, 2009.
It is expected that Dr. Enrique Iglesias, Secretary General of the Ibero-American Summit of Heads of State and Heads of Government, will attend the opening session of the Group of the 100.
One of the most relevant features of this meeting will be the consolidation of a cooperation strategy between Center and the Ibero-American Summit. This is expected to strengthen the prestige of the Center, as well as its influence on the region.
Numerus Clausus members will make presentations on topics covering the following matters:
a. Good corporate government of Latin American public companies.
b. Common law influence in Ibero-American civil and commercial codification.
c. Legal issues on corporate insolvency.
d. Alternatives to litigation.
e. Arbitration of investment disputes.
f. Legal model for infrastructure projects.
g. Legal issues on the protection of cultural heritage.
h. Globalization and legal regulation.
i. The law and the signs of the times.
[1] The Center for Legal Innovation, Development and Research for Latin America considers that in light of their Civil Law and Greco-Latin cultural heritage, the following countries are eligible to be considered as Latin American countries: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Puerto Rico, Dominican Republic, Uruguay and Venezuela. Overseas territories from European countries are not currently eligible to be considered as Latin American countries for the purposes of membership.