STATUTES AND BY-LAWS
International Academy of Comparative Law
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.
The purpose of the Academy is the comparative study of legal systems.
The Academy pursues this objective through:
1. Quadrennial and thematic congresses;
3. Co-operation with similar institutions;
4. All other legal means.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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 Executive Committee, acting on proposals from the Secretary-General, will draw up the By-Laws of the Academy.
Balloting shall take place by electronic correspondence; the conditions and exceptions are set down by the By-Laws and the Secretary-General.
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.
The present By-laws were adopted by the Executive Committee as proposed by the Secretary General, in conformity with article 15 of the Statutes.
TITLE I. Election of members
The election of titular and associate members shall take place according to the conditions provided for under articles 7 and 8 of the Statutes.
Any proposal for election in accordance with article 8 of the Statutes must be accompanied by a file containing a written statement of support of membership, a curriculum vitae of the candidate, a list of publications of the candidate and a letter stating that the candidate undertakes to fulfill the obligations incumbent upon the members of the Academy.
Proposals for election should be, prior to nomination, notified to the Executive Committee of the Academy which may, within a reasonable time, make any comment on a candidacy to the person or the committee having proposed the candidate in question. In this respect, the Executive Committee of the Academy ensures the compliance with the conditions of admission laid down in the statutes and in the By-laws.
Elections take place under conditions to be set down by the Secretary-General.
Prior to each election, the names, curricula vitae and lists of publications of each candidate for associate membership shall bemade available on a restricted website maintained by the Academy at least one month prior to the time of election. Members who do not have access to the restricted website may notify the Secretary-General and request to have these materials sent to them by mail.
Balloting shall take place under conditions to be set down by the Secretary-General.
Ballots shall be secret.
In determining whether the majority required under article 7 (2) first sentence and article 8 (2) first sentence of the Statutes is satisfied, an abstention shall not be counted as a vote.
TITLE II. Dues
The amount of dues shall be decided by the Secretary-General in consultation with the Executive Committee.
If a member fails to pay his or her dues, he or she shall be reminded by the Treasurer and be given an extension of time by which to pay them. If a member fails to pay by the time of the extended deadline, the matter shall be referred to the Executive Committee which may take appropriate actions, including the suspension of the right to vote and to receive information. The Treasurer may also recommend the loss of that individual’s membership. The decision to terminate the membership is made by the Executive Committee voting by simple majority of the elected members.
TITLE III. Executive Committee
The Executive Committee referred to in article 10 of the Statutes shall convene, in person or by correspondence, as appropriate, at least once a year to discuss the activities and administrating operations of the Academy.
The Executive Committee, upon proposal by the Secretary-General, may appoint a Deputy Secretary-General, who shall assist the Secretary-General and the Executive Committee in management of the Academy’s affairs. The mandate of the Deputy Secretary-General ends with the election of a new Executive Committee. The Deputy Secretary-General does not have the capacity to represent the Academy.
TITLE IV. National Committees
A National Committee of the Academy shall, to the extent feasible, be established in each country.
Each National Committee shall be freely constituted by the Academy members originating in the respective country, using, where possible, existing national institutions.
In a country with multiple jurisdictions each jurisdiction that is sufficiently distinct from the others may be represented by a separate Committee.
It is up to the Executive Committee to recognize a Committee. The Executive Committee may also withdraw such recognition where the interest of the Academy so requires.
The Committees shall propose topics for the general congresses of the Academy. They shall also designate national reporters and publish national reports.
TITLE V. Academy Prize
The Academy may, from time to time, decide to award prizes intended to recognize an original scholarly work or article dedicated to comparative law.
It may either award such prizes on its own initiative and with its own funds, or on behalf of appropriate sponsoring institutions. In the latter case, the regulations for the prize shall be elaborated by the Academy in conjunction with the institution(s) sponsoring it.
TITLE VI. Final Provisions
The 2013 By-laws are hereby abrogated.