Overeenkomst betreffende de Internationale Organisatie voor het Recht inzake Ontwikkeling
(authentiek: en)
The Parties signatory hereto,
Recognizing the importance of law in the development process and the need for training lawyers for development;
Noting that the International Development Law Institute (IDLI) was established in 1983 as an international non-governmental organisation under the law of the Netherlands to assist developing country lawyers improve their ability to negotiate agreements and advise in the implementation of transactions in the fields of development assistance, foreign investment, international trade, and other international business transactions;
Noting that in its first three years of operation IDLI has offered courses, seminars and training workshops which have been attended by more than 480 participants from nearly 80 countries;
Noting that IDLI has now secured substantial funding in support of its activities from a variety of governments, international organisations, foundations and the private sector;
Noting the willingness of the Government of Italy to enter into the negotiation of a headquarters agreement once IDLI has acquired international status; and
Believe that it is now desirable that the International Development Law Institute be established as an international organisation with suitable governance, juridical personality and status;
Now therefore the Parties have agreed as follows:
The Organization established by this Agreement shall bear the name International Development Law Organization (hereinafter referred to as the “Organization” or “IDLO”).
IDLO shall possess full juridical personality and enjoy such capacities as may be necessary for the exercise of its functions and the fulfilment of its puroposes.
The Organization shall operate in accordance with this Agreement.
The purposes of the Organization are:
A. To encourage and facilitate the improvement and use of legal resources in the development process;
B. To contribute to the establishment and progressive development and application of good governance and the rule of law in developing countries and countries in economic transition;
C. To assist developing countries and countries in economic transition to improve their negotiating capabilities in the fields of development cooperation, foreign investment, international trade and other international business transactions; and
D. To promote sustainable development through improvement and maintenance of the legal and judicial systems of the developing countries and countries in economic transition.
In order to accomplish the foregoing purposes, the Organization may engage in the following types of activities:
A. Training, education, technical assistance, consultancy, research, publication, collection and dissemination of relevant information and documentation.
B. Cooperation with other institutions and organizations and bodies, in particular organizations in the United Nations system in pursuit of its purposes;
C. Contributing to the establishment and growth of capacity in developing countries and countries in economic transition to carry out activities promoting the purposes of the Organization;
D. Other activities that advance the purposes of the Organization.
The Organization shall not be influenced by political considerations in its activities, management and staffing.
Article III. Powers
In furtherance of the foregoing purposes and activities, the Organization shall have the following powers:
1. To acquire and dispose of real and personal property;
2. To enter into contracts and other types of agreements;
3. To employ persons;
4. To institute and defend in legal proceedings;
5. To invest the moneys and properties of the Organization; and
6. To take other lawful action necessary to accomplish the purs of the Organization.
The headquarters of the Organization shall be in Rome, Italy, unless the Assembly decides to relocate the Organization elsewhere.
The Organization may establish offices in other locations as required to support its programs.
The Organization shall obtain its financial resources through such means as voluntary contributions and donations; course and seminar tuitions; training workshop and technical assistance fees; publication and other service revenue; and interest income from trusts, endowments and bank accounts.
The Parties to this Agreement shall not be required to provide financial support to the Organization beyond voluntary contributions. Nor shall they be responsible, individually or collectively, for any debts, liabilities or obligations of the Institute.
The Organization shall establish arrangements satisfactory to the Government of the country in which its headquaters are located with a view to ensuring the Organization's ability to meet its obligations.
Article VI. Organization
The Organization shall be composed of the Assembly of the Parties to this Agreement (herein after referred to as "the Assembly"), of the Board of Advisers, of the Standing Committee and of the Director-General.
1. The Assembly shall represent the Parties. It shall determine the Organization's policies and oversee the action of the Director-General.
A. The Government of each State or the executive of each intergovernmental organization party to this Agreement shall appoint a representative to act as a member of the Assembly.
B. Meetings of the Assembly shall be called by its President. The Assembly shall meet in the last quarter of each year. An extraordinary meeting must be called at the request of the Board of Advisers, the Standing Committee or one third of the Parties' representatives.
The President shall determine the agenda for meetings of the Assembly after consulting the Standing Committee. An item must be included in the agenda if the Board of Advisers, the Standing Committee or a representative of the Parties so requests.
C. The Assembly shall:
a. adopt the budget for the following year and the accompanying action plan;
b. consider the report on activity for the elapsed year and approve the accounts for the last accounting period;
c. adopt by-laws for the governance of the Organization and, inter alia, for the personnel policies;
d. adopt recommendations relating to the Organization's policies and management;
e. designate the auditors;
f. commission and independent company to conduct an audit of the Organization's operations, if the Assembly so chooses;
g. adopt the Assembly's rules of procedure;
h. approve the admission of new members of the Organization.
D. The Assembly, under the conditions set forth in its rules of procedure, shall:
a. elect a President and two Vice-Presidents. The representative of the State where the Organization has its headquarters is entitled ex officio to one of the three seats on the Presidency. The other two members are elected for a three-year term of office which can be renewed after a vacancy of three years;
b. elect the members of the Board of Advisers;
c. elect the Director-General, after consulting the Board of Advisers;
d. terminate the Director-General before his term of office expires on its own initiative or on a proposal from the Standing Committee.
2. The Board of Advisers, by its expertise, shall contribute to prepare the decisions of the Assembly and to their implementation by the Director-General.
A. The Board of Advisers shall have ten members elected for a four-year term by the Assembly. Half the members shall be renewed every two years. Candidates shall be put forward by a Party or by the Board of Advisers. The members of the Board of Advisers shall be selected on the basis of their expertise in the fields of development or law or their experience of the management of international organizations. The Assembly sees to the representativeness of the Board. Its members shall serve in a personal capacity and not as representatives of governments or organizations. One member of the Board of Advisers must be a citizen of the State where the Organization has its headquarters.
B. Meetings of the Board of Advisers shall be called by its Chairman. It shall meet at least once a year, prior to the meeting of the Assembly. An extraordinary meeting must be called at the request of the Standing Committee or six Board members.
The Director-General shall attend meetings of the Board of Advisers. He may speak by may not vote. The Parties' representatives are invited to attend meetings of the Board of Advisers as observers. They may not speak and may not vote.
The Chairman of the Board of Advisers has the overriding vote in cause of equal distribution.
C. The Board of Advisers shall:
a. adopt advisory opinions to the Assembly on the following matters: (1) the action plan and the budget for the following year, (2) the report on activity for the elapsed year and the accounts for the last period ended, (3) regulations relating to the Organization's administration, especially staff regulations;
b. contribute through its expertise and its advisory opinions to the fulfillment of the objectives of the Organization by the Director-General, according to the decisions of the Assembly;
c. monitor implementation of the action plan, follow implementation of the budget and access the quality of the Organization's activities;
d. render advice with matters brought before it by the Organization's Director General or by the Standing Committee and matters that a Board members has asked to be included on the agenda;
e. adopt the Board of Advisers' rules of procedure.
D. The Board of Advisers shall:
a. elect its Chairman and its Vice-Chairman after each partial renewal or if the position falls vacant;
b. put forward candidates to the Assembly for each seat to be filled on the Board;
c. receive applications for the position of Director-General of the Organization, interview the candidates as appropriate and forward all applications, with an opinion, to the Assembly.
3. The Standing Committee shall provide the link between the Assembly, the Board of Advisers and the Director-General. It shall be comprised of by the President of the Assembly, who shall be its chair, the Assembly's two Vice-Presidents, the representative of one Party who shall be elected by the Assembly for a one-year term and the Chairman and Vice-Chairman of the Board of Advisers. Meetings shall be called by the President at least every two months or at the request of a member of the Standing Committee or the Director-General. It shall hear the Director-General, who shall report to it on his management and provide it with any documents and explanations that it may request. The Standing Committtee is in charge of monitoring the proper implementation of the budget and shall report on its implementation to the Assembly. It shall take appropriate transitional measures if the position of Director-General falls vacant. The President of the Assembly has the overriding vote in case of equal distribution. The Standing Committee shall report its conclusions from any meeting to the Parties.
4. The Director-General shall administer the Organization.
A. The Director-General shall be elected by the Assembly, after consulting the Board of Advisers, for a four-year term of office renewable once.
B. The Director-General shall:
a. prepare the action plan and the budget for the following year, as the report on activity for the elapsed year and the accounts for the last accounting period ended, which are to be presented to the Board of Advisers and the Assembly;
b. ensure that the decisions of the Assembly are implemented;
c. appoint the managers and the secretariat staff in accordance with the Organization's staff regulations;
d. represent the Organization in judicial proceedings.
C. The Director-General shall account for his/her administration to the Assembly and the Standing Committee and shall consult with the Board of Advisers as set out in the provisions of the article.
Article VII. Cooperative relationships
The Organization may establish cooperative relationships with other Organization's and programs and may accept personnel on a loan or secondment basis.
Article VIII. Rights, privileges and immunities
The Organization and its staff shall enjoy in the country of its headquarters such rights, privileges and immunities as shall be stipulated in a headquarters agreement. Other countries may grant comparable rights, privileges and immunities in support of the Organization's activities in such countries.
Article IX. External Auditor
A full financial audit of the operations of the Organization shall be conducted on an annual basis by an independent international accounting firm selected by the Board. The results of such audits shall be made available to the Board and the Assembly.
Article X. Amendments
This Agreement may be amended by the Assembly by a threefourths majority vote of all of its members, provided that notice of such amendment, together with its full text, shall have been sent to all members of the Assembly at least eight weeks in advance of the time established for a vote on the proposed amendment.
The Organization may be dissolved if a four-fifths majority of all members of the Assembly determines that the Organization is no longer required or that it will no longer be able to function effectively.
In case of dissolution, any assets of the Organization which remain after payment of its legal obligations shall be distributed to institutions having purposes similar to those of the Organization as decided by the Assembly in consultation with the Board.
Article XII. Termination
Any Party to this Agreement, upon written notice may terminate its accession to this Agreement and withdraw its membership from the Assembly. Such termination shall become effective three months after the date on which the notification of termination is received by the Depositary.
This Agreement shall be open for signature by states and intergovernmental organisations. It may also be signed, in lieu of any state, by a national public development organisation delegated to act on its behalf by such a state. It shall remain open for signature for a period of two years from June 1, 1987, unless such period is extended prior to its expiry by the Depositary. Signature of the Agreement by any party eligible under this provision thereafter shall require approval of the Assembly by a simple majority.
The Government of Italy shall be the Depositary of this Agreement.
Ratification, acceptance or approval of this Agreement shall be undertaken by the signatories in accordance with their own laws, regulations and procedures.
Article XIV. Coming into force
This Agreement shall come into force immediately upon receipt by the Depositary of notifications by three state parties to this Agreement that the formalities required by the national legislation of such parties with respect to this Agreement have been accomplished.
Article XV. Transition
Upon the coming into force of this Agreement, the Organization shall take all steps necessary to acquire the rights, obligations, concessions, property and interests of its predecessor organisation, the International Development Law Organization, a non-governmental organisation legally established in Rotterdam, the Netherlands.
IN WITNESS WHEREOF, the undersigned being duly authorised thereto, have signed this Agreement in a single original in the English and French languages, both texts being equally authentic.
DONE at Rome on February 5, 1988.
Agreement regarding the International Development Law Organization
Article I. Establishment and status
Article II. Purposes and activities
Article III. Powers
Article IV. Headquarters
Article V. Finance
Article VI. Organization
Article VII. Cooperative relationships
Article VIII. Rights, privileges and immunities
Article IX. External Auditor
Article X. Amendments
Article XI. Dissolution
Article XII. Termination
Article XIII. Signature, ratification, acceptance, approval and accession
Article XIV. Coming into force
Article XV. Transition
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