Institute of International Law

Gustav Rolen-Jacqueman , Belgian lawyer and editor of Revue de Droit International et de Législation Comparée (Journal of International Law and Comparative Law), initiated the creation of the Institute of International Law. In the period after the Franco-Prussian War (1870-1871), he entered into correspondence with several other lawyers who also looked for ways to organize collective scientific activity aimed at the development of international law. Rolen-Jacqueman compiled a note with proposals for the creation of the Institute and on March 10, 1873 sent it to twenty of the two most famous experts in the field of international law of various countries of Europe and America ^[1] .

On September 8, 1873, a constituent conference of the Institute opened in the building of the city hall of Ghent, in addition to Rolen-Jacquemann, 10 well-known lawyers participated. Conference participants were Tobias Asser (Netherlands), Vladimir Bezobrazov (Russia), C. Bluincli (Germany), Carlos Calvo (Argentina), David Dudley Field (USA), Emil de Lavelay (Belgium), James Lorimer (Great Britain), P. S. Mancini (Italy), Gustave Moynier (Switzerland) and Augusto Pirantoni (Italy). The decision to establish the Institute was made at a conference on September 11, 1873, and held its first session in Geneva in 1874.

The founding conference adopted the Charter of the Institute and the “Explanatory Note”, which enshrined the goals and objectives of the Institute and proclaimed the principles of its activities. Regarding the main task of the institute, the document said ^[1] :

Through the free activity of a small circle of remarkable publicists, to establish, in a more accurate way, the legal opinion of the enlightened world on international law and to give this opinion an expression that is clear enough so that it can be adopted by various states as a guide to their external relations.

To ensure the independence of the institute, it was decided that it would exist solely on contributions from its members and donations from private individuals.

The first President of the Institute was elected Pasquale Mancini, Vice Presidents I.K.Blyunchli and F.E. de Parlier. The main secretary was G. Rolen-Jacqueman. The residence of the chief secretary was simultaneously considered the official residence of the Institute.

Sessions of the Institute in the early years of its existence were usually held once a year or once every two years. According to the Charter, a new president was elected at each session.

The Institute of International Law is an unofficial scientific private association whose purpose is to promote the progressive development of international law: the development of general principles, cooperation in codification, assistance in maintaining peace and observance of laws and customs of warfare; providing judicial advice in controversial or doubtful cases, as well as contributing through publications, public education and any other means for the success of the principles of justice and humanity that should govern international relations.

The Institute brings together a fairly balanced number of representatives of the countries of the world. A person who has demonstrated scientific achievements, who is likely to be free from political pressure, can enter the institute. The statutes and regulations of the institute are established by three categories of participants: members, partners and honorary members.

Partners - (maximum number 72) - are taken from candidates “providing international law services in the field of theory and practice” and who were represented by the Institute.

Members - (maximum number 60) - are elected from among employees.

Honorary members - not limited by the charter, but strictly selected - they are selected from among the members, partners or any other persons who have proved themselves in the field of international law.

All participants have a share in the scientific and problem-oriented activities of the Institute. Only members resolve administrative matters, such as finances, decisions regarding laws and regulations, election of members and honorary members, or election of members to the Bureau and Fund Supporting Councils.

The legislative body of the institute is a meeting of members and honorary members at each session. Executive power: the bureau of the institute, a service composed of the president of the Institute, 3 vice-presidents, general secretary and treasurer.

• The President, as a rule, is elected from among the members representing countries or organizations, and begins his activities at the next session of the Institute.
• The First Vice President is elected at the end of this session and remains in this position until the end of the next session.
• The second and third vice presidents are elected at the beginning of each session, remaining in this position until the beginning of the next session.
• The Secretary General and Treasurer are elected in three sessions. As the main executive body of the Institute, the Secretary General manages the daily work of the Institute, takes care of its archives and monitors the publication of their yearbooks.

For many years, the Institute has been funded by contributions from its participants. From the beginning of the new century, he gradually created a fund from gifts, awards and bequests, in particular the 1904 Nobel Peace Prize, funds and subsidies from the Carnegie Endowment for International Peace .

To manage a charitable foundation, was created in 1947, according to Swiss law, an auxiliary fund with headquarters in Lausanne. Funds received from the Fund, managed by the treasurer, were used to reimburse the expenses of members and associate members, to cover travel expenses incurred during the sessions, to cover organizational costs at the sessions and were paid for the publication of the Yearbook.

The Institute pays attention to the objective study of existing norms of international law, as well as the development of international law in such a way that it is consistent with the principles of justice and humanity. Since the institution is a private association, it does not have a mandate to directly intervene in pressing international disputes. The Institute cannot, therefore, participate in the settlement of international disputes and cannot condemn governments for the decisions they make in specific cases. The only exception to this rule was the adoption of a resolution in 1877 regarding the application of international law during the war between Russia and Turkey.

The Institute has developed and approved concrete proposals for the gradual establishment of an international community that respects rights and justice. Among the resolutions adopted from 1873 to 1969 was an agreement on arbitration with rules of conduct in the conciliation procedure, on the creation, composition and procedure of the International Court of Justice. On the issue of human rights, the Institute adopted 11 resolutions. In the field of private international law, from 1873 to 1969, the Institute adopted 64 resolutions relating to civil, criminal and commercial matters.

Although the resolutions of the Institute do not have official authority, they nevertheless influence their actions, as well as international conferences and public opinion in general. For example, the Institute’s recommendations are embodied in some international treaties of the 1880s, the international arbitration process considered some of its proposals on the Suez Canal with an underwater tunnel , its studies in the laws and customs of war were used at The Hague Peace Conferences in 1899 and 1907 , especially on codifications of the land war prepared at the 1880 session in Oxford. The League of Nations and the United Nations also listened to the Institute.

• Societies of International Law (English) // The American Journal of International Law. - 1907. - Vol. 1, no. 1 . - P. 135-137. - ISSN 00029300 . - DOI : 10.2307 / 2186291 .