Whereby The Agreement Establishing The Institute Of Law For Development Idli, Signed In Rome On 5 February 1988 Approved

Original Language Title: Por la cual se aprueba el Acuerdo que crea el Instituto de Derecho para el Desarrollo I.D.L.I., suscrito en Roma el 5 de febrero de 1988

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ACT 230 OF 1995

(December 26)

Official Journal No. 42.162 of 26 December 1995

By means of which the "Agreement created by the International Institute of Law for Development I.D.L.I.", signed in Rome on February 5, 1988, is approved.

Vigency Notes Summary

THE CONGRESS OF COLOMBIA,

Having regard to the text of the Agreement establishing the International Institute of Law for Development I.D.L.I., signed in Rome on 5 February 1988,

Signatory Parties,

Recognizing the importance of the right in the development process and the need to form jurists for development;

Considering that the International Institute of Law for Development (IIDD) was created in 1983 as an international governmental organization under the law of the Netherlands to help the jurists of developing countries improve its capacity of negotiators and advisers in the transactions related to development aid, foreign investment, international trade and other international market transactions.

Whereas in its first three years of activities the IIDD has organized courses, seminars and special training programs to which more than 480 participants from 80 different countries have attended;

Whereas the IIDD has currently obtained to support its important activities by different governments, international organizations, foundations and the private sector;

Whereas the Italian Government is ready to open the negotiation of a Headquarters Agreement once the IIDD has acquired the legal regime of international organisation;

Estimating that it is now desirable for the International Institute of Law for Development to be constituted as an international organization with the organs, legal personality and appropriate legal regime;

Consequently, the Signatory Parties have agreed as follows:

ARTICLE I. CREATION AND LEGAL REGIME.

1. The International Institute of Law for Development, hereinafter referred to as the Institute or the IIDD, is hereby established as an international organization.

2. IIDD shall have full legal capacity and shall enjoy the capabilities necessary for the exercise of its functions and the fulfilment of its mandate.

3. The Institute shall operate in accordance with the provisions of this Agreement.

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ARTICLE II. OBJECTIVES AND ACTIVITIES.

1. The objectives of the Institute shall be:

A. To stimulate and facilitate the improvement of the law's resources in the development process;

B. To encourage adherence to the rule of law in international transactions; and

C. To improve the negotiating capacities of developing countries in the fields of development cooperation, foreign investment, international trade and other international market 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 centre; and

B. Other activities likely to serve the objectives of the Institute.

3. In its activities, management and recruitment of staff, the Institute will not be influenced by political considerations.

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ARTICLE III. FACULTIES.

In the search for the above objectives and activities, the Institute will have the following faculties:

1. To acquire and dispose of movable and immovable property.

2. To conclude contracts or other types of agreements.

3. Of hiring staff.

4. To be a plaintiff or defendant in legal proceedings;

5. To invest the funds and assets of the Institute.

6. To undertake any legal activity necessary for the achievement of the objectives of the Institute.

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ARTICLE IV. SEDE.

1. The seat of the Institute shall be in Rome, ltalia, unless the Assembly decides to transfer it to another party.

2. The Institute may open offices in other places depending on the needs of its programmes.

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ARTICLE V. FINANCES.

1. The Institute will be funded by means such as voluntary contributions and donations, tuition fees for courses and seminars; income from special training programmes or technical assistance activities, publications revenue or other activities of services and income from interest or special allocations, allocations or bank accounts.

2. The Parties to this Agreement shall not be required to give financial support to the Institute beyond its voluntary contributions.  They shall not be liable individually or collectively for the Institute's debts, commitments or obligations.

3. The Institute will have to take the measures that will satisfy the demands of the government of the country where it will have its headquarters in terms of its capacity to fulfill its commitments.

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ARTICLE VI. ORGANIZATION.

The Institute shall be composed of an Assembly of the Parties to this Agreement ("Assembly"). of a Board of Directors, 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 of Directors or on the initiative of a third of its members.  The Assembly shall adopt its own rules of procedure.

C. The Assembly shall periodically review the activities of the Institute. The Assembly shall also designate the first Board of Directors, ratify the successive appointments of the Council and the Institute's work and budget plan.

D. A decision of the Board of Directors to be ratified by the Assembly in accordance with Article VI.-1.C. be deemed to have been ratified within 90 days of its notification by the Institute to the members of the Assembly unless a majority of the members of this Assembly have not notified the Institute before that date. oppose this decision.  Notifications shall be made by the most rapid means of communication available or through diplomatic channels in the case of Member States.

2. The Board of Directors.

A. The Institute shall operate under the direction of a Board of Directors ("Council"). composed of ten (10) members at least and sixteen (16) to the maximum including a member to be periodically designated by the country where the Institute is based ("Permanent Representative") and the Director who will be a member of trade.  The other members of the Board of Directors will be chosen based on their professional achievements in the fields of law or development and should serve as a professional title and not as a representative of governments or organizations.

B. After the first Council has been set up by the Assembly, the Council will appoint its new members as they become vacant.

C. With the exception of the Director and the Permanent Representative, each member subsequently appointed to the establishment of the first Council shall form part of it until the third meeting of the Council has been completed after its acceptance in writing of training. part of the same.  The mandates of the first members of the Council shall be staggered in order to allow for a progressive transition between the members of the Council.

D. The Council shall meet at least once a year to carry out its duties.  At its first meeting it will appoint a President, a Vice President or more and a Steering Committee.

E. The Council should also:

1. Define the rules of operation of the Institute in accordance with the terms of this Agreement.

2. Appoint the Director and the Audit Board of the Institute.

3. Approve policies, the annual work programme, budgets and reports of the Institute's account censors; and

4. To do and to carry out any other activity necessary to exercise the powers conferred upon it by this Agreement.

3. The Director and Staff.

A. The Institute shall be administered by a Director to be appointed by the Council for a term of five (5) years, renewable.

B. The Director shall appoint the managers and staff of secretariats necessary to achieve the objectives of the Institute in accordance with the procurement directives approved by the Council.

C. The Director shall be accountable to the Council for the operation and management of the Institute in accordance with the terms of this Agreement and the decisions of the Council.

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ARTICLE VII. COOPERATIVE RELATIONSHIPS.

The Institute may cooperate with other institutions or programmes and may accept staff as a commission or be lent to it.

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ARTICLE VIII. RIGHTS, PRIVILEGES, AND IMMUNITIES.

The Institute and its staff shall enjoy in a country of its seat the rights, privileges and immunities as provided for in the Agreement of its seat.  Other countries may grant similar rights, privileges and immunities in order to support the activities of the Institute in those countries.

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ARTICLE IX. ACCOUNT CENSORS.

The verification of the accounts relating to the operations of the Institute shall be carried out annually by an international society of independent accounts censors chosen by the Council.  The results of these verifications shall be made available to the Council and the Assembly.

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ARTICLE X. AMENDMENTS.

This Agreement may be amended by the Assembly by a majority vote of the three-quarters of its members, subject to the notification of this amendment comprising the full text of the proposed amendment sent to all members of the Assembly eight weeks at least before the scheduled date for the vote of the amendment.

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ARTICLE XI. DISSOLUTION.

1. The Institute may be dissolved if by a majority vote of the fourth fifth of the members of the Assembly it decides that the Institute is no longer necessary or that it is no longer in measure of functioning effectively.

2. In the case of a dissolution, all the assets of the Institute which shall be left after the payment of their legal obligations shall be distributed to bodies whose activities are similar to those of the Institute in accordance with the decision of the Assembly. in consultation with the Council.

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ARTICLE XII. RETIREMENT.

Any signatory party to this Agreement may, by means of a written notification, end its participation and withdraw from the Assembly.  This withdrawal shall enter into force three months after the date on which the depositary has received the notification.

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ARTICLE XIII. SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL, AND ACCESSION.

1. This Agreement shall be open to the signature of the States and intergovernmental organizations. It may also be signed instead of a State by any national public development organisation designated by this 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 that period is extended before its date of expiry by the depositary. The signing of the Agreement by any eligible party in accordance with this provision after this date shall require the approval of the Assembly by a simple majority.

2. The Government of Italy shall be the Depositary of this Agreement.

3. The ratification, acceptance or approval of this Agreement by the signatories in accordance with their own laws, regulations and procedures.

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ARTICLE XIV. ENTRY INTO EFFECT.

This Agreement shall enter into force when the Depositary has been notified by three signatories to this Agreement that the formalities required by their national laws for the ratification of this Agreement have been completed.

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ARTICLE XV. TRANSIENT RULES.

Upon the entry into force of this Agreement, the Institute shall take all necessary measures to acquire the rights, obligations, concessions, assets and interests of its predecessor, the International Law Institute for the Development, non-governmental organisation set up in Rotterdam Netherlands.

In testimony of which, the infrawritings. duly authorised for this purpose, they have signed this Agreement in a single copy, in English and French, both texts being equally authentic.

Done in Rome, 5 February 1988.

It's true and complete translation.  Translator: Roberto Arango Roa.

Santafe de Bogota, D. C., August 2, 1993.

Official translation No. 174 of a document written in English and French.

Agreement establishing the International Institute of Law for Development.

The undersigned head of the Legal Office of the Ministry of Foreign Affairs,

NOTES:

That the present reproduction is faithful photocopy taken from the official translation of the " Agreement created by the International Institute of Law for Development, I.D.L.I., signed in Rome on February 5, 1988, in English, French, which rests with the in the archives of the Legal Office of this Ministry.

Dada en Santafe de Bogota, D. C., at 26 days of the month of August 1994.

the Chief Legal Officer,

HECTOR ADOLFO SYNTURA VARELA

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Santafe de Bogota, D. C.

Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.

CESAR GAVlRlA TRUJILLO.

The Deputy Minister of Europe, Asia, Africa and Oceania, in charge of the functions of the Office of the Minister of Foreign Affairs,

LUIS GUILLERMO GRILLO OLARTE

DECRETA:

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ARTICLE 1A. Approve the "Agreement created by the International Institute of Law for Development I.D.L.I.", signed in Rome on February 5, 1988.

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ARTICLE 2A. Pursuant to Article 1 of Law 7 of 1944. the "Agreement establishing the International Institute of Law for Development I.D.L.I.", signed in Rome on 5 February 1988, which by the Article 1o of this Law shall be adopted, shall bind the country from the date on which the international link with respect to it is perfected.

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ARTICLE 3A. This Law governs from the date of its publication.

The President of the honorable Senate of the Republic (E.),

JOSE ANTONIO GOMEZ HERMIDA

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA

The President of the honorable House of Representatives,

RODRIGO RIVERA SALAZAR

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR

COLOMBIA-NATIONAL GOVERNMENT

Execute a review of the Constitutional Court in accordance with Article 241-10 of the Political Constitution.

Dada en Santafe de Bogota, D. C., at December 26, 1995.

ERNESTO SAMPER PIZANO

The Foreign Minister,

RODRIGO PARDO GARCIA-PENA

The Minister of Justice and Law,

NESTOR HUMBERTO MARTINEZ NEIRA

The Minister of Economic Development,

RODRIGO MARIN BERNAL

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