INTER AMERICAN ACADEMY OF INTERNATIONAL AND COMPARATIVE LAW
The Board of Trustees by Agreement reached on July 2 of 2011 in the meeting held in the city of Veracruz, Mexico has approved an integral reform of the By-laws of the ACADEMY as established in the present document.
CONSTITUTION, DOMICILE, OBJECTIVE AND DURATION
Art.1º.- The Inter-American ACADEMY of International and Comparative law, hereinafter called the ACADEMY, is an international, non-governmental and non-profit organization. The ACADEMY was created by the Agreement Nr. 20 of the Council of the Inter American Bar Association – IABA in the first Inter American Bar conference held in Havana, Cuba in the year 1941. Since its foundation the ACADEMY has had four seats: Havana, Cuba (1941-1962), Lima, Peru (1963-1973), Rio de Janeiro, Brazil (1973-1987), Buenos Aires, Argentina (1987-2007). Art. 2º.- The ACADEMY has its domicile in the city of Washington D.C., United States of America. With the only decision of its Board of Directors and in order to fulfill the specific academic programs and projects with specific duration, the ACADEMY may constitute academic centers in different cities of the Western hemisphere and other cities of the world. The Board of Directors shall establish the conditions and determine the activities to be undertaken, including the designation of the Director or Directors in charge and the scope of their powers. Art.3º.- The purpose of the ACADEMY is the study and strengthening of International and Comparative Law, especially concerning the interests of countries in the Western hemisphere, in order to foster comparative law among such countries and striving to obtain legislative harmony among such nations. Likewise the ACADEMY aims to develop and harmonize the laws of all the American countries. Art.4º.-. In pursuit of its aims, the ACADEMY shall develop a close cooperation with the Inter- American Bar Association and other international juridical organizations and with academic institutions, programs and projects on scientific activities, teaching and cooperation with other international organizations or governments concerning an implementation of the processes of legislative harmonization and/or an approach to the uniform laws for the American countries, including: a) The organization of the courses, seminars, conferences, and other similar events in the field of Public International, Private or Financial Law, as well as Comparative Law addressed to students of law, political sciences or international business as well as the graduates of the different countries of the Americas or any other country agreed by the Board of Directors.
b) Organization of research activities of investigation and seminars for the study of theory and judicial practice, legislation and case law of the American countries.
c) Publication of books, journals or any other informative support from the courses, conferences, works of investigation, seminaries, conferences, qualifications and results of any other academic activity carried out by the ACADEMY or under its patronage or auspice.
d) Notification of scientific meetings for debate or discussion on topics of International and Comparative law, especially those of particular relevance for the American countries.
e) Cooperation with other institutions by means of cooperation agreements to achieve its aims.
f) Performing studies and/or works on the objectives assigned by the Inter- American Bar Association and other international juridical organizations or governmental academic institutions.
g) Advising and international consulting for institutions and governments of the different American countries.
h) Mediation, conciliation and administration of the arbitration in the field of international law.
i) Issuing reports required by public or private institutions of the American countries in the field of international law.
Art.5º.- The ACADEMY may cooperate with other institutions that have similar aims. The corresponding agreements shall be established and approved by the Board of Directors. Art.6º.- The ACADEMY may recognize as corresponding institutions those that share the same institutional aims as the ACADEMY. The Board of Directors approves the corresponding agreements. Art.7º.- In accordance with its objectives, the ACADEMY cooperates with individuals or juridical persons in the field of private or public law, including states, international and supranational organizations, as a technical body of consultation. The acceptance of each assignment, as well as temporary or indefinite links for the aforementioned cooperation shall be decided by the Board of Directors which shall decide, in each case and as necessary on: a) The designation of one or more persons to carry out an assignment, b) The appointment of the Commission. Art.8º.- In order to complete its aims the ACADEMY may dispose of its assets and income, which consist of the following: a) Contributions, honoraria, grants and donations from physical and juridical persons as well as from public entities, international and supranational organizations, earned as a result of its activity, b) Contractual obligations established for the services offered by the ACADEMY earned as a result of its activity. c) Copyright and royalties derived from its authorship, edition and cooperation. d) Income derived from its own assets.
Art.9º.- The ACADEMY shall exist for an indefinite period.
BODIES OF THE ACADEMY
Art.10º.- The bodies of the ACADEMY are the Board of Trustees, the Board of Directors and the Board of Scholars.
THE BOARD OF TRUSTEES
Art.11º.- The Board of Trustees is the supreme body of the ACADEMY with the widest powers in resolution of matters regarding organization of the ACADEMY, its functioning and finances, as well as any other matter mentioned in the present By-Laws. The Board of Trustees shall decide, in all cases, the objections that the members of the ACADEMY present against the resolutions initially made by any of its bodies. Art.12º.-. The Board of Trustees consists of 15 (fifteen) members of the Council of the Inter American Bar Association, designated for the period of 4 (four) years, ex officio, by the president of the ACADEMY, the president of the Inter American Bar Association and the Secretary General of the Organization of the American states – OAS or by the person designated to represent the latter. Art.13º.-. The Board of Trustees shall gather at least once a year to evaluate the work and the professional performance of the ACADEMY, as well as its general situation. Art.14º.-. Quorum for meetings of the Board of Trustees shall be half plus one of its members. Decisions require a majority of the members present.
Art.15º.- It behooves the Board of Trustees: a) Approval of the guidelines of the ACADEMY’s activities. b) Designation of the president of the ACADEMY for 4 (four) years and of other members of the Board of directors. c) Approval of the Regulations within the limits laid down in the present ByLaws. d) Approval of a partial or an integral modification of the present By-Laws. e) Approval de accounts of the ACADEMY, and f) Resolution of any other matter that is not assigned to the Board of Directors.
BOARD OF DIRECTORS
Art.16º.- The Board of Directors is the body for the direction and administration of the ACADEMY.
Art.17º.- The Board of directors consists of 6 (six) members, designated by the Board of Trustees among its members. Specially assigned advisors may be appointed by the Board of directors.
Art.18º.- The duration of the Board of Directors is four years. If for any reason the election of the Board of Directors is not held, the present Board of Directors shall continue functioning until its renovation.
Art.19º.- The Board of directors consists of the following posts: The President, the Vice president, the Secretary, the Treasurer and two members. Juridical persons or associations with or without legal status shall not, under any circumstance, be designated to the aforementioned posts.
Art.20º.- The president of the Board of Directors, who is also the President of the ACADEMY and the Board of Trustees presides over the acts of the Board of directors as well over the academic acts he presents separately or together with the authorities of the Board of directors supervising the activities of the Institution. The president of the ACADEMY shall present to the Board of Trustees the reports of the activities and the records of the ACADEMY, he/she exercises the legal representation of the ACADEMY, which he/she can delegate ad hoc to any other member of the Board of directors and his/her vote decides any tie.
Art.21º.- The Vice president of the Board of Directors who is also the Vice President of the ACADEMY substitutes the President in case his absence, removal, resignation or any other obstacle. If the post of the President is vacant, the Vice president temporarily takes the post until the conclusion of the presidential mandate according to the term of his/her designation or until the designation of the new President.
Art.22º.- The Secretary of the Board of directors who is also the Secretary of the ACADEMY is in charge of transcripts of the Board of directors as well as of the Board of Academics, general documentation of the ACADEMY except the one under the Treasurer’s custody, issuance of the academic certificates and other correspondence belonging to the Institution, supervision of the archive and other tasks pertaining to this position, substitution of the Vice president in case of its absence, removal, resignation or any other obstacle.
Art.23º.- The Treasurer of the Board of Directors who is also Treasurer of the ACADEMY shall supervise the ACADEMY’s books and the documents of a financial nature, the income and expenses, he/she proposes the expenses, payments and orders of payment of any nature that can be subscribed personally or jointly with the President or the person entitled to perform such functions, he/she elaborates the annual budget of income and expenses and the statement of the accounts of each financial year, informing the Board of Directors of the economic and patrimonial situation of the ACADEMY and the irregularities that have been observed. The payment and financial obligations shall be delegated to the President as well as the Treasurer, but both should impose a diligent control over their acts in their respective delegation. The Treasurer substitutes the Secretary in case of absence, removal, resignation or any other obstacle and the Treasurer is substituted by the oldest vocal among the directors of the Board of directors.
Art.24º.- The Deputy Directors participate in the adoption of the academic decisions by the Board of Directors and assume the functions of the delegation or representation conferred by the Board of Directors.
Art.25º.- The Board of Directors holds live meetings when convened by the President, sua sponte, or by agreement of no less than one fifth of its members. They may hold sessions by telephonic or other means of communication. The official announcement of the live session of the Board of Directors has to be communicated no fewer than 30 days in advance and may be held in the place previously established; it can coincide with the Inter-American conferences or meetings of the Council of the Inter American Bar Association. The agenda of the live session is communicated to the members whose presence is called by the Secretary with the previous authorization of the President. The absence of the communication of the agenda can be cured making the aforementioned notification before the live session begins.
Sessions held at a distance may be held in a virtual manner, using any technological mean that permits to communicate to the members of the Board of Directors using teleconference, Skype, communication through the internet or any other means of communication. The official announcement to hold a session at a distance must be communicated not later than 7 calendar days in advance informing on the date, hour of the beginning and the conclusion of the session, names of participants, agreements adopted with indication of respective votes and the means used for its realization. The act issued in the aforementioned form shall be signed by the President and the Secretary General of the Inter- American Bar Association.
Art.26º.- Responsibilities of the Board of directors as an academic body are: a) To approve the general budget for the ACADEMY’s income and expenses. b) To set an amount of registration fees, prices and payments for any type of services, actions and publications of the ACADEMY. c) To hire and fire staff of the ACADEMY and set the conditions of the hiring and layoff. d) To authorize honoraria, rewards and to pay salary for employers, professors, speakers and technicians. e) To accept or reject donations and subventions. f) To delegate powers to persons chosen to perform specified functions provided that the delegation be neither general or abstract. g) To perform, directly or by delegation to third parties, all the powers of administration regarding the movable and immovable assets of the ACADEMY and its economic rights, including buying, selling, mortgaging and any other purchase, transfer or restriction of ownership, and ample powers and express power to mortgage or constitute any kind of warranty as well as to create and release easements, assume obligations and acquire commitments with no limitation and without prejudice of the faculties of the control, supervision and decision conferred by the By-Laws of the Board of Trustees. h) To determine the banking or credit institutions where the funds of the ACADEMY can be deposited and the persons authorized to issue the orders and the orders of payment. The above mentioned actions shall be performed following the recommendations of the Treasurer. i) To issue and to approve the administration reports for the Board of Trustees. j) To lay down the plan for academic activities. k) To approve the designation of the corresponding bodies and set up cooperation agreements with any person, or public and private bodies, in pursuit of the aims of the ACADEMY.
l) To accept or reject requests falling within its scope of activity.
m) To appoint the corresponding academics, establish their honoraria and revoke the nomination as foreseen in the present By-Laws or their regulations. n) To approve its own internal regulations. o) To appoint academic centers in the countries of the Americas and other countries the Western hemisphere. p) To supervise the performance of the academic centers and their internal organizations. q) To establish general rules for academic activities and to manage the work of the academic office. r) Any other matter not foreseen specifically for the Board of Trustees.
Art.27º.- The Academic Board constituted by the academic members shall only have live meetings, called by the President, or by the agreement of the Board of Directors following the agreement of no less than one fifth of its members. The meeting can be held in any place, by communicating the Secretary the notice which shall be passed on to President. The notification shall be made no fewer than 90 calendar days in advance, and it must contain the agenda of the meeting, which shall convene after the first notice. Art.28º.- The Academic board acts as a consulting body of the Board of Directors or the Board of Trustees for any matter relating to academic programming of the Institution and receives, when pertinent, the maiden speech of the new Academics in addition to convening in session for other academic reasons, as required by the Board of Directors. The participation in the other activities of the Board of Academics always remains voluntary for its members. The sessions of the Academic Board are not subject to any specific calendar.
THE AcademiC Board
Art.29º.- The members of the ACADEMY, appointed as the Academics, are divided in the three categories: a) Regular members. b) Associate members. c) Honorary members.
Art.30º.- The Academic members can be only physical persons that comply with any of the following conditions:
a) A person who is or has been a high-ranking official of an organization, professor of law of known prestige, with a professional track of more than 5 years and with a category not lower than one level below the head of the department in any university legally accredited to issue a law degree. b) A person that belongs or has belonged to the diplomatic service, with the category not lower than minister of the Embassy. c) A person who is or has been a high-ranking official in an public international organization. d) A jurist of recognized prestige.
e) A person who is or has been president of any institution affiliated of the InterAmerican Bar Asociation or of this ACADEMY, or a member of the Council of this ACADEMY.
Art.31º.-. The appointment of an Academic member according to the conditions mentioned in the previous article, paragraphs a) b) c) or d) are carried out by voting of the Board of Directors by proposal of not fewer than two members. The designation takes into account the high qualities of the candidate but the mere fact of meeting the conditions of the previous article does not entitle per se that any candidate be named Academic.
Art.32º.- The Board of Directors may establish quotas to the Academic members, to contribute the maintenance of the activities of the ACADEMY. The honorary or corresponding academics are not subjected to quotas.
Art.33º.- Exceptionally, the Board of Directors may confer the appointment of the Honorary Academic to the legal or natural persons who meet the high personal, professional and institutional qualities recognized by the ACADEMY, that contributes to its own prestige or advances the fulfillment of its purpose. The number of the honorary Academics in no case can exceed more than one fourth of the Academic members.
Art.34º.- The Board of Directors may grant the quality of corresponding Academic for life or for the duration of the post for which they are appointed, or on conditions of reciprocity that are established in the specific appointment of physical persons holding the rank of academics in institutions similar to the ACADEMY or that pursue similar ends; with the purpose of exchanging information or to facilitate a relationship between both institutions.
Art.35º.-. The position of the Academic members and the honorary Academics is for life, but may be revoked if the Board of Directors considers that the person in question has incurred in an act of indigntiy.
Art.36º.- Academics of any category can resign voluntary, by requesting the cancellation of the status of the member of the ACADEMY.
Art.37º.- An Academic member who does not comply with the economic obligations established by the ACADEMY shall be suspended automatically with no right to participate in the academic activities as an Academic and shall not be informed either about the academic activities or enjoy any benefits as an Academic members. In this situation the suspension shall cease, also automatically, when the person in question becomes current, but the prerogatives shall only attach from that day onwards.
Art.38°.- The Board of Directors may establish the honors, emblems or any other signs of recognition that correspond to each academic category. In relation to emblems, medals and individual diplomas a fee may be determined not greater than the costs of the object that the Academic shall be receiving. The purchase of insignia is not obligatory and lack of it in no manner restricts the use of academic rights.
Art.39°.- Statutory amendments are made by the Board of Trustees by its own initiative or by the proposal of the Board of Directors, which is not biding.
DISSOLUTION OF THE ACADEMY
Art.40°.- The ACADEMY shall be dissolved due to impossibility to complete its purpose or for any other just cause as determined by the Board of Trustees. In the case dissolution, the documents and assets shall be placed at the disposal of the InterAmerican Bar Association, which shall dispose of them as deemed fit.
Sole Clause: The present By-Laws shall enter into force the following day after their approval by the Board of Trustees.
Sole Clause: The By-Laws of the ACADEMY of 1975 is abolished including previous modifications and any other norms that contradict the present By-Lawss.
Sole Clause: The President of the ACADEMY, Dr. Raul Lozano Merino is specifically authorized to perform any act, by himself or by delegation to third parties, for the better realization of the ACADEMY’s purposes, being able to issue as many public or private documents are required for such ends, obtaining the certifications or legalizations that each instance may require.
Second: The official languages of the ACADEMY are English, Spanish, Portuguese and French.
There is an official translation of the Articles of Incorporation and of these By-Laws in four official languages. The name of the ACADEMY in English is Inter American ACADEMY of International and Comparative law. The name of the ACADEMY in Spanish is Academia Interamericana de Derecho Internacional y Comparado, the name of the ACADEMY in Portuguese is Academia Interamericana de Direito Internacional e Comparado, and the name of the ACADEMY in French is Académie Interaméricaine de Droit International et Comparé.
All the official documents and the resolutions of the ACADEMY may be distributed in any of the official languages at the request of the members and if the financial situation of the ACADEMY permits. As a minimum the documents and resolutions shall be printed and distributed in English and Spanish.
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