[ANSOL-geral]Re: [mress@essential.org: [Hague-jur-commercial-law] Techdaily story on the Hague]

[Jaime E. Villate]

Viva,
Richard Stallman pede-nos que por favor tentemos fazer chegar a informação
anexa a jornalistas e políticos com quem tivermos contacto.
Vai ter lugar uma reunião sobre direito interncaional na Holanda, na próxima
semana, e os Estados Unidos vão propor um tratado que vai impor mais limites à
liberdade de expressão, e que poderia chegar a extender à Europa as patentes
de software americanas, independentemente de que a comunidade europeia rejeite
as patentes de software.

Jaime

> ------- Start of forwarded message -------
> From: Manon Ress <mress arroba essential.org>
> Organization: Essential Information
> X-Accept-Language: en
> To: haguelist <Hague-jur-commercial-law arroba venice.essential.org>,
>    Jeffrey Kovar <Kovarj arroba ms.state.gov>
> Subject: [Hague-jur-commercial-law] Techdaily story on the Hague
> Sender: hague-jur-commercial-law-admin arroba venice.essential.org
> Date: Wed, 17 Apr 2002 18:43:33 -0400
> 
> E-Commerce 
> U.S. May Face Opposition On Narrow Jurisdictional Treaty
> by William New 
> 
> National Journal's Technology Daily
> http://nationaljournal.com/pubs/techdaily/
> 
> The United States may find itself in the minority in pushing for a
> narrow agenda at next week's meeting to discuss an international treaty
> on jurisdiction in cross-border online transactions, officials said
> Tuesday. 
>      
> Top officials working on a convention on commercial and civil judgments
> being negotiated at The Hague Conference on Private International Law
> will convene April 22-24 in the Netherlands. The officials are meeting
> to decide whether the project should proceed, and if so, how. The
> negotiation has been stuck since a three-week meeting last June ended i=
n
> disagreement. 
> 
> The United States favors moving forward on some less controversial
> provisions within the broader draft treaty, according to the lead U.S.
> official in the negotiation. 
> 
> "We would like the other members of the Hague Conference to focus on
> those elements of the comprehensive draft that are achievable now and
> forgo those other elements until the time is right to address them,"
> said State Department lawyer Jeffrey Kovar, head of the U.S. delegation.
> Kovar will attend the meeting next week. 
> 
> But in communications with other Hague-member governments in the past
> week, it has become clear that support is building among most other
> participating nations to proceed with the full text, a Bush
> administration official said. 
> 
> Australia has been particularly strong in pushing that approach,
> proposing a return to the original draft treaty that dates to 1999.
> Canada and the European Union, and possibly Japan, also have signaled
> support for a comprehensive treaty negotiation. 
> 
> The official said the United States likely would not sign the
> comprehensive treaty as it is stands. But the prospect of being left ou=
t
> of the treaty sent ripples through some interested parties Wednesday. 
> 
> "The worst outcome would be that we're not a part of it," one
> private-sector observer said. "If the whole world has an agreement,
> we're subject to it but don't have any say in its scope and
> implementation." 
> 
> The United States would prefer to limit negotiations to basic rules on
> recognition and enforcement, business-to-business contracts,
> choice-of-forum clauses determining before online purchases the
> jurisdiction of disputes, and physical torts, such as product liability.
> A narrower draft would allow in-depth discussions on each area rather
> than repeating past stalemates, one source said. 
> 
> More controversial issues include business-to-consumer contracts,
> treatment of intellectual property issues, such as patents, trademarks
> and copyrights, and the definition of residence. Torts on non-physical
> issues, such as information, also get sticky. 
> 
> In a non-governmental meeting on the Hague treaty Tuesday at the
> American Library Association, consumer groups showed concern about
> standards of defamation in the treaty. Countries like China have been
> criticized for using such standards to control free speech. 
> 
> Libraries expressed concern that their right to freely download
> information for research purposes might be threatened under the
> provisions on contracts. They are seeking an exception for such
> "non-negotiated" contracts.
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> ------- End of forwarded message -------