1995 (December 26)
Official Gazette No. 42162 of December 26, 1995
Through which the "Agreement Establishing the International Law Institute for Development approved IDLI "signed in Rome on 5 February 1988. Summary
THE CONGRESS OF COLOMBIA,
having regard to the text of the agreement establishing the International Law Institute for Development IDLI ", signed in Rome on February 5, 1988,
Signatory Parties, Recognizing
the importance of law in the process of development and the need to train lawyers for development
Whereas the International law Institute for development (IISD) was created in 1983 as subject to the law of international governmental organization Netherlands lawyers to help developing countries improve their capabilities negotiators and advisors in transactions relating to development aid, foreign investment, international trade and other international business transactions.
Whereas in its first three years of activities IDLI has organized courses, seminars and special training programs which have assisted more than 480 participants from 80 different countries;
Whereas IISD has now obtained important activities to sustain their financing by different governments, international organizations, foundations and the private sector;
Whereas the Italian Government is ready to open negotiations for a headquarters agreement once the IISD has acquired the legal status of international organization;
Considering that it is now desirable that the International Law Institute for Development is an international organization with constituted bodies, legal personality and the appropriate legal regime;
Consequently the signatory parties have agreed as follows: Article I.
ESTABLISHMENT AND LEGAL STATUS.
1. The International Law Institute for Development, hereinafter called the Institute or the IISD is constituted by this Agreement in international organization.
2. IDLI have full legal capacity and enjoy the capabilities necessary for the exercise of its functions and the fulfillment of its mandate.
3. The Institute shall operate in accordance with the provisions of this Agreement.
ARTICLE II. OBJECTIVES AND ACTIVITIES.
1. The objectives of the Institute are:
A. Encourage and facilitate the improvement of the resources of law in the development process;
B. To encourage adherence to the rule of law in international transactions; and
C. To improve negotiating capacities of developing countries in the fields of development cooperation, foreign investment, international trade and other international business transactions.
2. In order to achieve the above objectives the Institute may undertake the following activities:
A. Training, technical assistance, research, creation and operation of a legal documentation center; and
B. Other activities likely to serve the objectives of the Institute.
3. In its activities, management and staffing, the Institute will not be influenced by political considerations.
ARTICLE III. POWERS.
In pursuit of the above objectives and activities, the Institute shall have the following powers:
1. To acquire and dispose of movable and immovable property.
2. To enter into contracts or other agreements.
3. Hiring staff.
4. If plaintiff or defendant in legal actions;
5. Investing the funds and assets of the Institute.
6. Undertaking any necessary for achieving the objectives of the Institute legal activity.
ARTICLE IV. HEADQUARTERS.
1. The Institute's headquarters will be in Rome, ltaly, unless the Assembly decides to transfer elsewhere.
2. The Institute may open offices elsewhere depending on the needs of their programs.
ARTICLE V. FINANCE.
1. The Institute will be funded by such means as voluntary contributions and donations, tuition fees for courses and seminars; income from special training programs or technical assistance activities, income from publications or other service activities and interest income or special allocations, endowments and bank accounts.
2. Parties to this Agreement shall not be obliged to give any financial support to the Institute to go beyond voluntary contributions. Nor are individually or collectively responsible for the debts, commitments or obligations of the Institute.
3. The Institute will make arrangements to meet the requirements of the government of the country where it will be based on their ability to meet their commitments concerned.
ARTICLE VI. ORGANIZATION.
The Institute shall consist of an Assembly of the Parties to this Agreement ( "Assembly") by a Governing Board, a Director and staff.
1. The assembly.
A. Each party to this Agreement shall appoint a representative to the Assembly.
B. The Assembly shall meet at the invitation of the Board or on the initiative of a third of its members Council. The Assembly shall adopt its own rules of procedure.
C. The Assembly shall periodically review the activities of the Institute. The Assembly shall also appoint the first Board of Directors, ratify subsequent appointments of the Council and the work plan and budget of the Institute.
D. A decision of the Board which must be ratified by the Assembly in accordance with Article VI.-1.C. It shall be deemed ratified ninety days of its notification has been sent by the Institute to members of the Assembly unless before that date a majority of the members of this Assembly has not notified the Institute who oppose this decision. The notification shall be made by the fastest available means of communication or through diplomatic channels in the case of Member States.
2. The Directing Council.
A. The Institute will work under the direction of a Board of Directors ( "Board") composed of ten (10) members at least and sixteen (16) to the maximum including a member which shall be regularly appointed by the country where the Institute has its based ( "Permanent Representative") and the director to be ex-officio member. The other Board members will be chosen based on their professionals in the fields of law or development achievements and should serve professional capacity and not as representative of governments or organizations.
B. Following the creation of the first Board by the Assembly, the Council appointed new members as vacancies occur.
C. With the exception of the Director and the Permanent Representative, each member subsequently appointed to the creation of the first Council it will be part of it until the termination of the third meeting of the Council after its acceptance in writing to be part of it. The terms of the first members of the Board shall be staggered in order to allow a smooth transition between the Council members.
D. The Council shall meet at least once a year to perform their duties. At its first meeting he appoints a President, a Vice President or more and a Steering Committee.
E. The Council shall also:
1. Define performance standards of the Institute in accordance with the terms of this Agreement.
2. Appoint the Director and the Auditors of the Institute.
3. Approve policies, annual work program, budgets and reports of the auditors of the Institute; and
4. Do and perform any other activity necessary to exercise the powers that are conferred by this Agreement.
3. The Director and Staff.
A. The Institute will be managed by a Director who shall be appointed by the Council for a term of five (5) years, renewable.
B. The Director shall appoint the managers and staff of secretaries needed to achieve the objectives of the Institute according to the directives on procurement approved by the Council.
C. The Director shall report to the Council of the operation and management of the Institute in accordance with the terms of this Agreement and the decisions of the Council.
ARTICLE VII. PARTNERSHIPS.
The Institute may cooperate with other institutions or programs and may accept personnel by way of commission or that was borrowed.
ARTICLE VIII. RIGHTS, PRIVILEGES AND IMMUNITIES.
The Institute and its staff shall enjoy in the country of its headquarters in the rights, privileges and immunities as are provided for by the Agreement based. Other countries may grant rights, privileges and immunities similar to support the Institute's activities in these countries.
ARTICLE IX. Auditors.
The verification of accounts relating to the operations of the Institute shall be made annually by an international partnership of independent accounts censors chosen by the Council. The results of these checks will be made available to the Council and the Assembly.
ARTICLE X. MODIFICATIONS.
This Agreement may be amended by the Assembly by a majority vote of three quarters of its members, subject to the notification of the amendment which includes the full text of the proposed amendment has been sent to all members the Assembly at least eight weeks before the expected date for the vote for the amendment.
ARTICLE XI. DISSOLUTION.
1. The Institute may be dissolved if by a majority vote of the fourth fifth of the members of the Assembly decide that the Institute is no longer necessary or is no longer in a position to function effectively.
2. In the event of dissolution, all assets of the Institute which remain after payment of its legal obligations shall be distributed to organizations whose activities are similar to those of the Institute in accordance with what the Assembly decides in consultation with the Council.
ARTICLE XII. RETIREMENT.
All signatory of this Agreement may by written notice, to end their participation and withdraw from the Assembly. This withdrawal shall take effect three months after the date on which the depositary has received the notification.
ARTICLE XIII. SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION.
1. This Agreement shall be open for signature by States and intergovernmental organizations. It may be also signed instead of a State by any national public development organization designated by the State to act on this title. It shall be open for signature for a period of two years from the first of June 1987, unless such period regardless extended before its expiration date by the depositary. The signing of the Agreement by any party eligible under this provision after this date will require the approval of the Assembly by a simple majority.
2. The Government of Italy shall be the Depositary of this Agreement.
3. Ratification, acceptance or approval of this Agreement by the signatories in accordance with their own laws, regulations and procedures.
ARTICLE XIV. ENTRY INTO FORCE.
This Agreement shall enter into force when the Depositary has received notice of three signatories to this Agreement they have been fulfilled the formalities required by their national legislation for the ratification of this Agreement.
ARTICLE XV. TRANSITIONAL RULES.
Upon entry into force of this Agreement, the Institute shall take all necessary governmental measures to acquire the rights, obligations, concessions, property and interests of its predecessor organization, the International Law Institute for Development, an organization created in Rotterdam Netherlands.
In witness whereof, the undersigned. duly authorized thereto, they have signed this Agreement in a single copy in English and French, both texts being equally authentic.
Done at Rome on 5 February 1988.
is a faithful and complete translation. Translator: Roberto Arango Roa.
Bogota, DC, August 2, 1993. No. 174
official translation of a document written in English and French.
Agreement Establishing the International Institute of Development Law.
The undersigned head of the Legal Office of the Ministry of Foreign Affairs DECLARES
That this reproduction is faithful copy taken from the official translation of the "Agreement Establishing the International Institute of Development Law , IDLI, signed in Rome on February 5, 1988, in English, French, resting in the archives of the Legal Office of the Ministry language.
Given in Bogota, DC, on the 26 th day of
August 1994. the Chief Legal Office,
VARELA HECTOR ADOLFO RAMA Sintura PUBLIC POWER EXECUTIVE PRESIDENCY oF tHE REPUBLIC
Approved. Undergo consideration of the honorable National Congress for constitutional purposes.
CÉSAR GAVlRlA TRUJILLO.
the Deputy Minister for Europe, Asia, Africa and Oceania, in charge of the functions of the Office of the Minister of Foreign Affairs, Luis Guillermo
CRICKET OLARTE DECREES
ARTICLE 1A Approval of the "Agreement Establishing the International law Institute for Development IDLI", signed in Rome on 5 February 1988.
ARTICLE 2A. In accordance with article 1 of Law 7 of 1944 the "Agreement establishing the International Law Institute for IDLI Development", signed in Rome on February 5, 1988, that article 1 of this Act is approved, will force the country from the date the international link is perfect therefrom.
ARTICLE 3A. This Law governs from the date of publication.
The President of the honorable Senate of the Republic (E.)
HERMIDA JOSE ANTONIO GOMEZ Secretary General of the honorable Senate, PUMAREJO VEGA PEDRO
The President of the honorable House Speaker
Rodrigo Rivera Salazar Secretary General of the honorable House of Representatives, DIEGO VIVAS TAFUR
REPUBLIC oF COLOMBIA - NATIONAL GOVERNMENT Run
prior review by the Constitutional Court, as Article 241-10 of the Constitution.
Given in Bogota, DC, on 26 December 1995.
Ernesto Samper Pizano Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA
The Minister of Justice and law
NEIRA Nestor Humberto Martinez Minister of Economic Development, RODRIGO MARIN BERNAL