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2008-03-28 | BWBV0002154 | Overeenkomst betreffende de Internationale Organisatie voor het Recht inzake Ontwikkeling

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@ -69,32 +69,61 @@ In furtherance of the foregoing purposes and activities, the Organization shall
### 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.
The Organization shall be composed of the Assembly of the Parties to this Agreement (herein after referred to as "the Assembly"), of the Board of Advisers, of the Standing Committee and of the Director-General.
1. The Assembly.
1. The Assembly shall represent the Parties. It shall determine the Organization's policies and oversee the action of the Director-General.
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 Government of each State or the executive of each intergovernmental organization party to this Agreement shall appoint a representative to act as a member of the Assembly.
B. Meetings of the Assembly shall be called by its President. The Assembly shall meet in the last quarter of each year. An extraordinary meeting must be called at the request of the Board of Advisers, the Standing Committee or one third of the Parties' representatives.
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:
The President shall determine the agenda for meetings of the Assembly after consulting the Standing Committee. An item must be included in the agenda if the Board of Advisers, the Standing Committee or a representative of the Parties so requests.
C. The Assembly shall:
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. adopt the budget for the following year and the accompanying action plan;
b. consider the report on activity for the elapsed year and approve the accounts for the last accounting period;
c. adopt by-laws for the governance of the Organization and, inter alia, for the personnel policies;
d. adopt recommendations relating to the Organization's policies and management;
e. designate the auditors;
f. commission and independent company to conduct an audit of the Organization's operations, if the Assembly so chooses;
g. adopt the Assembly's rules of procedure;
h. approve the admission of new members of the Organization.
D. The Assembly, under the conditions set forth in its rules of procedure, shall:
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.
a. elect a President and two Vice-Presidents. The representative of the State where the Organization has its headquarters is entitled ex officio to one of the three seats on the Presidency. The other two members are elected for a three-year term of office which can be renewed after a vacancy of three years;
b. elect the members of the Board of Advisers;
c. elect the Director-General, after consulting the Board of Advisers;
d. terminate the Director-General before his term of office expires on its own initiative or on a proposal from the Standing Committee.
2. The Board of Advisers, by its expertise, shall contribute to prepare the decisions of the Assembly and to their implementation by the Director-General.
A. The Board of Advisers shall have ten members elected for a four-year term by the Assembly. Half the members shall be renewed every two years. Candidates shall be put forward by a Party or by the Board of Advisers. The members of the Board of Advisers shall be selected on the basis of their expertise in the fields of development or law or their experience of the management of international organizations. The Assembly sees to the representativeness of the Board. Its members shall serve in a personal capacity and not as representatives of governments or organizations. One member of the Board of Advisers must be a citizen of the State where the Organization has its headquarters.
B. Meetings of the Board of Advisers shall be called by its Chairman. It shall meet at least once a year, prior to the meeting of the Assembly. An extraordinary meeting must be called at the request of the Standing Committee or six Board members.
The Director-General shall attend meetings of the Board of Advisers. He may speak by may not vote. The Parties' representatives are invited to attend meetings of the Board of Advisers as observers. They may not speak and may not vote.
The Chairman of the Board of Advisers has the overriding vote in cause of equal distribution.
C. The Board of Advisers shall:
a. adopt advisory opinions to the Assembly on the following matters: (1) the action plan and the budget for the following year, (2) the report on activity for the elapsed year and the accounts for the last period ended, (3) regulations relating to the Organization's administration, especially staff regulations;
b. contribute through its expertise and its advisory opinions to the fulfillment of the objectives of the Organization by the Director-General, according to the decisions of the Assembly;
c. monitor implementation of the action plan, follow implementation of the budget and access the quality of the Organization's activities;
d. render advice with matters brought before it by the Organization's Director General or by the Standing Committee and matters that a Board members has asked to be included on the agenda;
e. adopt the Board of Advisers' rules of procedure.
D. The Board of Advisers shall:
a. elect its Chairman and its Vice-Chairman after each partial renewal or if the position falls vacant;
b. put forward candidates to the Assembly for each seat to be filled on the Board;
c. receive applications for the position of Director-General of the Organization, interview the candidates as appropriate and forward all applications, with an opinion, to the Assembly.
3. The Standing Committee shall provide the link between the Assembly, the Board of Advisers and the Director-General. It shall be comprised of by the President of the Assembly, who shall be its chair, the Assembly's two Vice-Presidents, the representative of one Party who shall be elected by the Assembly for a one-year term and the Chairman and Vice-Chairman of the Board of Advisers. Meetings shall be called by the President at least every two months or at the request of a member of the Standing Committee or the Director-General. It shall hear the Director-General, who shall report to it on his management and provide it with any documents and explanations that it may request. The Standing Committtee is in charge of monitoring the proper implementation of the budget and shall report on its implementation to the Assembly. It shall take appropriate transitional measures if the position of Director-General falls vacant. The President of the Assembly has the overriding vote in case of equal distribution. The Standing Committee shall report its conclusions from any meeting to the Parties.
4. The Director-General shall administer the Organization.
A. The Director-General shall be elected by the Assembly, after consulting the Board of Advisers, for a four-year term of office renewable once.
B. The Director-General shall:
a. prepare the action plan and the budget for the following year, as the report on activity for the elapsed year and the accounts for the last accounting period ended, which are to be presented to the Board of Advisers and the Assembly;
b. ensure that the decisions of the Assembly are implemented;
c. appoint the managers and the secretariat staff in accordance with the Organization's staff regulations;
d. represent the Organization in judicial proceedings.
C. The Director-General shall account for his/her administration to the Assembly and the Standing Committee and shall consult with the Board of Advisers as set out in the provisions of the article.
### Artikel VII