Statutes

International Academy of Comparative Law


I

The association, International Academy of Comparative Law, is constituted, in accordance with the laws of the Netherlands, for an unspecified length of time. It is domiciled in The Hague, the Netherlands.

II

The purpose of the Academy is the comparative study of legal systems.

III

The Academy pursues this objective through:

  1. Quadrennial and thematic congresses;
  2. Publications;
  3. Co-operation with similar institutions;
  4. All other legal means.

IV

The Academy’s resources consist of:

  1. Contribution from titular members, associate members and corporate members;
  2. Profits from the sale of publications;
  3. Gifts and legacies;
  4. Eventual grants;
  5. Congress revenues.

V

Each titular member and each associate member of the Academy must pay an annual fee, which is determined by the Executive Committee of the Academy. The Treasurer is responsible for the collection of fees.

If a member fails in this obligation, the Treasurer may recommend the loss of that individual’s membership. The decision to terminate the membership is made by the Executive Committee voting by simple majority.

 

VI

The Academy is composed exclusively of highly qualified physical persons working in the field of comparative law.

The number of titular members may amount to up to one-third of the total number of members. An eventual reduction in the total number of members does not affect the membership status of existing titular members.

Academy members who are seventy years and older may choose to be honorary members, in which case they are exempt from fees, and can play a consultative role in Academy meetings.

Upon request, the Executive Committee may accept the membership of a well-respected legal person which is active in the field of comparative law. Such corporate members do not have the right to participate in elections of members, but may vote for certain proposals in the General Meeting, as determined by the Executive Committee.

VII

Candidates for election as titular members are proposed by any member or by a National Committee of the Academy.

New titular members are elected by a majority of two-thirds of the Academy’s titular members voting in the election. In addition, each candidate for election must have been voted upon by at least 20% of the total number of titular members casting a ballot of any kind in that election.

No one may be proposed for election without having first expressed a desire to belong to the Academy. If elected, a new member undertakes to adhere to all its Statutes and By-Laws.

VIII

A titular or associate member, or a National Committee of the Academy has the right to propose for election as associate member those persons who display the qualities defined in article 6 of the Statutes.

Associate members are elected by a simple majority of the titular and associate members voting on that candidate in the election. In addition, each candidate for election must have been voted upon by at least 20% of the total number of members casting a ballot of any kind in that election.

Elections of associate members may take place every year under conditions to be set down by the Secretary-General.

The number of associate members is not limited. When there are vacant Academy seats for titular members, these are preferably, but not necessarily, filled by associate members.

Associate members may participate in the Academy’s deliberations, and cast a vote, on all matters except the election of new titular members.

IX

Once every four years, the Academy holds an International Congress of Comparative Law in a place decided upon by the Executive Committee.

At least two years before the Congress, the Executive Committee obtains the co-operation of experts from different countries to outline the programme of the Congress.

Between two international congresses, the Academy shall endeavour to hold an additional thematic congress of comparative law in a place to be decided upon by the Executive Committee.

X

The Academy is represented, administered, and managed by an Executive Committee made up of a President, three to six Vice-Presidents, a Treasurer, and a Secretary-General. The composition of the Executive Committee should mirror the variety of legal disciplines and of geographical regions addressed by the activities of the Academy. Academy may also be represented by the President or the Secretary-General.

Unless otherwise provided, the Executive Committee decisions are taken by simple majority vote.

The members of the Executive Committee are elected and dismissed from office at the General Meeting, which also determines the number of Vice-Presidents.

The vote for election of members of the Executive Committee is determined by a simple majority of Academy members.

The members of the Executive Committee, including the Secretary-General, are elected for a period of four years and are eligible for re-election.

No later than four months before each general election, the Executive Committee shall appoint a five-member nominating committee (consisting of Academy members, at least three of whom must be titular members) charged with nominating a slate of officers to be voted upon at the next General Meeting. The nominating committee shall make its decision, in consultation with the existing Executive Committee, and by a majority vote among members of the nominating committee. The nominating committee’s slate of nominees is notified by the Executive Committee to all Academy members no later than two months before the general election.

No later than one month prior to the General Meeting, any three titular members may propose another candidate to stand for election to any of the Academy’s offices, including Secretary-General. The proposed candidate’s name shall be submitted to the Secretary-General who transmits that name to the Executive Committee and the nominating committee. This nomination shall be notified by the Secretary-General to all members no later than two weeks before the general election.

The Executive Committee is authorized to acquire, dispose of and hypothecate registered property and to enter into contracts by which the Academy binds itself as surety or co- debtor, assumes an undertaking for another, or acts as guarantor for the debts of third parties.

XI

The President or the Secretary-General convenes General Meetings at least one month in advance.

The General Meeting decides by a majority of members voting on questions presented to it for decision. At meetings, members may be represented by another member when such representation is authorized in writing. Voting by correspondence is allowed.

XII

The President of the Academy presides over the meetings of the Academy and decides upon questions of procedure.

In the President’s absence, the most senior Vice-President present will occupy that place. If there is no vice-president, the Academy shall designate a president for the occasion.

XIII

Subject to Article 9 of these Statutes, the Secretary-General is responsible for the scientific programme of the Academy, overseeing the administrative operation of the Academy and supervising the publication of the Academy’s Acts and Proceedings.

The Secretary-General may delegate a part of the responsibilities of that post to the Deputy Secretary-General or another person approved by the Executive Committee.

XIV

The Treasurer is responsible for the Academy’s financial affairs, and for receiving and making payments on behalf of the Academy. The sums received for the Academy are deposited in the Academy’s account in the bank or banks approved by the Executive Committee. The Treasurer may invest these sums.

The Treasurer submits each year an annual budget for approval by the Executive Committee and an end-of-period statement for approval by the General Meeting.

The Treasurer may, with the Executive Committee’s approval, delegate a part of the functions of that office to another member of the Executive Committee. In case of temporary absence or termination of mandate, the Treasurer’s functions will be temporarily assumed by a member of the Executive Committee named by the Committee for this purpose.

XV

The Executive Committee, acting on proposals from the Secretary-General, will draw up the By-Laws of the Academy.

XVI

Balloting shall take place by electronic correspondence; the conditions and exceptions are set down by the By-Laws and the Secretary-General.

XVII

The present Statutes may be modified by a majority of two-thirds of members voting.

The same majority is required for any decision concerning the dissolution of the Academy. In the case of dissolution, the resolution pertaining to this decision shall determine the disposition of the surplus assets.

Vienna, Austria – July 26, 2014.