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2002-12-01 | BWBV0002154 | Overeenkomst betreffende de Internationale Organisatie voor het Recht inzake Ontwikkeling

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---
titel: Overeenkomst betreffende de Internationale Organisatie voor het Recht inzake
Ontwikkeling
bwb_id: BWBV0002154
type: verdrag
status: geldend
datum_inwerkingtreding: '1990-03-05'
bron: https://wetten.overheid.nl/BWBV0002154
citeertitel: Overeenkomst betreffende de Internationale Organisatie voor het Recht
inzake Ontwikkeling
---
# Overeenkomst betreffende de Internationale Organisatie voor het Recht inzake Ontwikkeling
### Artikel I
**1.** The Organization established by this Agreement shall bear the name International Development Law Organization (hereinafter referred to as the “Organization” or “IDLO”).
**2.** IDLO shall possess full juridical personality and enjoy such capacities as may be necessary for the exercise of its functions and the fulfilment of its puroposes.
**3.** The Organization shall operate in accordance with this Agreement.
### Artikel II
**1.**
The purposes of the Organization are:
A. To encourage and facilitate the improvement and use of legal resources in the development process;
B. To contribute to the establishment and progressive development and application of good governance and the rule of law in developing countries and countries in economic transition;
C. To assist developing countries and countries in economic transition to improve their negotiating capabilities in the fields of development cooperation, foreign investment, international trade and other international business transactions; and
D. To promote sustainable development through improvement and maintenance of the legal and judicial systems of the developing countries and countries in economic transition.
**2.**
In order to accomplish the foregoing purposes, the Organization may engage in the following types of activities:
A. Training, education, technical assistance, consultancy, research, publication, collection and dissemination of relevant information and documentation.
B. Cooperation with other institutions and organizations and bodies, in particular organizations in the United Nations system in pursuit of its purposes;
C. Contributing to the establishment and growth of capacity in developing countries and countries in economic transition to carry out activities promoting the purposes of the Organization;
D. Other activities that advance the purposes of the Organization.
**3.** The Organization shall not be influenced by political considerations in its activities, management and staffing.
### Artikel III
In furtherance of the foregoing purposes and activities, the Organization shall have the following powers:
1. To acquire and dispose of real and personal property;
2. To enter into contracts and other types of agreements;
3. To employ persons;
4. To institute and defend in legal proceedings;
5. To invest the moneys and properties of the Organization; and
6. To take other lawful action necessary to accomplish the purs of the Organization.
### Artikel IV
**1.** The headquarters of the Organization shall be in Rome, Italy, unless the Assembly decides to relocate the Organization elsewhere.
**2.** The Organization may establish offices in other locations as required to support its programs.
### Artikel V
**1.** The Organization shall obtain its financial resources through such means as voluntary contributions and donations; course and seminar tuitions; training workshop and technical assistance fees; publication and other service revenue; and interest income from trusts, endowments and bank accounts.
**2.** The Parties to this Agreement shall not be required to provide financial support to the Organization beyond voluntary contributions. Nor shall they be responsible, individually or collectively, for any debts, liabilities or obligations of the Institute.
**3.** The Organization shall establish arrangements satisfactory to the Government of the country in which its headquaters are located with a view to ensuring the Organization's ability to meet its obligations.
### Artikel VI
The organisation of the Organization shall consist of an Assembly of the Parties to this Agreement ("Assembly"), a Board of Directors and a Director and staff.
1. The Assembly.
a. Each Party to this Agreement shall appoint one representative to act as a member of the Assembly.
b. The Assembly shall meet at the invitation of the Board of Directors or upon the initiative of one third of the Assembly's members. The Assembly shall adopt its own rules of procedure.
c. The Assembly shall from time to time review the activities of the Organization. The Assembly shall also appoint the first Board of Directors, ratify subsequent Board appointments, and ratify the Organization's work plan and budget.
d. A decision of the Board of Directors which requires Assembly ratification under Article VI.1.c. above shall be deemed to be ratified on a date ninety days after dispatch of notification by the Organization of such decision to the members of the Assembly unless, before that date, a majority of the members of the Assembly notify the Organization of their opposition to the decision. Notifications shall be made by the most rapid means of communication available or, in the case of member states, through diplomatic channels.
e. Any action of the Assembly requested by the Board of Directors or by one third of the Assembly’s Members which would require a vote of the Members of the Assembly in person shall be equally valid if taken pursuant to written consent of such Members in lieu of a meeting.
2. The Board of Directors.
a. The Organization shall operate under the direction of a Board of Directors ("Board") consisting of not less than ten (10) and not more than sixteen (16) members, including one member to be appointed from time to time by the country in which the Organization has its headquarters ("Permanent Representative") and the Director, who shall be an *ex-officio *member. Other Board members shall be selected on the basis of professional accomplishments in the fields of law or development and shall serve in their personal capacities and not as representatives of governments or organisations.
b. Subsequent to the establishment of the first Board by the Assembly, the Board shall appoint its new members whenever vacancies occur.
c. Except for the Director and the Permanent Representative, each Board member appointed subsequent to the establishment of the first Board shall serve on the Board until the completion of the third Annual Board meeting following his or her written acceptance of an invitation to serve on the Board. The terms of the first members of the Board shall be staggered in order to establish gradual transition of membership.
d. The Board shall meet together at least once a year to carry out its functions. At its first meeting the Board will appoint a Chairman, one or more Vice-Chairmen and an Executive Committee.
e. The Board shall also:
1. Issue by-laws for the governance of the Organization in accordance with this Agreement;
2. Appoint the Director and external auditor of the Organization;
3. Approve the Organization's policies, annual work programs, budgets and audited financial statement; and
4. Do and perform all other acts necessary to carry out the powers delegated to the Board in this Agreement;
3. The Director and Staff.
a. The Organization shall be administered by a Director who shall be appointed by the Board for a term of five (5) years, subject to renewal.
b. The Director shall appoint such Professional and General Services staff as may be required to carry out the purposes of the Organization in accordance with personnel policies approved by the Board.
c. The Director shall be responsible to the Board for operating and managing the Organization in accordance with this Agreement and the decisions of the Board.
### Artikel VII
The Organization may establish cooperative relationships with other Organization's and programs and may accept personnel on a loan or secondment basis.
### Artikel VIII
The Organization and its staff shall enjoy in the country of its headquarters such rights, privileges and immunities as shall be stipulated in a headquarters agreement. Other countries may grant comparable rights, privileges and immunities in support of the Organization's activities in such countries.
### Artikel IX
A full financial audit of the operations of the Organization shall be conducted on an annual basis by an independent international accounting firm selected by the Board. The results of such audits shall be made available to the Board and the Assembly.
### Artikel X
This Agreement may be amended by the Assembly by a threefourths majority vote of all of its members, provided that notice of such amendment, together with its full text, shall have been sent to all members of the Assembly at least eight weeks in advance of the time established for a vote on the proposed amendment.
### Artikel XI
**1.** The Organization may be dissolved if a four-fifths majority of all members of the Assembly determines that the Organization is no longer required or that it will no longer be able to function effectively.
**2.** In case of dissolution, any assets of the Organization which remain after payment of its legal obligations shall be distributed to institutions having purposes similar to those of the Organization as decided by the Assembly in consultation with the Board.
### Artikel XII
Any Party to this Agreement, upon written notice may terminate its accession to this Agreement and withdraw its membership from the Assembly. Such termination shall become effective three months after the date on which the notification of termination is received by the Depositary.
### Artikel XIII
**1.** This Agreement shall be open for signature by states and intergovernmental organisations. It may also be signed, in lieu of any state, by a national public development organisation delegated to act on its behalf by such a state. It shall remain open for signature for a period of two years from June 1, 1987, unless such period is extended prior to its expiry by the Depositary. Signature of the Agreement by any party eligible under this provision thereafter shall require 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 shall be undertaken by the signatories in accordance with their own laws, regulations and procedures.
### Artikel XIV
This Agreement shall come into force immediately upon receipt by the Depositary of notifications by three state parties to this Agreement that the formalities required by the national legislation of such parties with respect to this Agreement have been accomplished.
### Artikel XV
Upon the coming into force of this Agreement, the Organization shall take all steps necessary to acquire the rights, obligations, concessions, property and interests of its predecessor organisation, the International Development Law Organization, a non-governmental organisation legally established in Rotterdam, the Netherlands.