REPORT OF THE SPECIAL COMMITTEE ON ORGANIZATION OF AN INTERNATIONAL BAR ASSOCIATION Source: Proceedings of the Section of International and Comparative Law (American Bar Association), (OCTOBER 28-29, 1946), pp. 148-157 Published by: American Bar Association Stable URL: http://www.jstor.org/stable/25742744 . Accessed: 16/06/2014 10:15 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. . American Bar Association is collaborating with JSTOR to digitize, preserve and extend access to Proceedings of the Section of International and Comparative Law (American Bar Association). http://www.jstor.org This content downloaded from 62.122.79.69 on Mon, 16 Jun 2014 10:15:34 AM All use subject to JSTOR Terms and Conditions
Transcript
REPORT OF THE SPECIAL COMMITTEE ON ORGANIZATION OF AN INTERNATIONAL BARASSOCIATIONSource: Proceedings of the Section of International and Comparative Law (American BarAssociation), (OCTOBER 28-29, 1946), pp. 148-157Published by: American Bar AssociationStable URL: http://www.jstor.org/stable/25742744 .
Accessed: 16/06/2014 10:15
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp
.JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact [email protected].
.
American Bar Association is collaborating with JSTOR to digitize, preserve and extend access to Proceedingsof the Section of International and Comparative Law (American Bar Association).
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number of students who will carry on their studies in other lands and thus greatly enlarge their understand
ing of foreign legal systems.
Barker Resolution
At the spring meeting of the Sec tion, a resolution regarding inter
change of students, professors and jur ists was presented by Mr. Barker, of
Missouri. The resolution was referred to this committee for consideration and report at the annual meeting to
be held at Atlantic City October 28, 1946. In so far as the resolution con
templates having judges visit the United States and become familiar with our institutions and having our
judges visit foreign countries, it may be pointed out that to some extent this practice is already being followed in connection with the meetings of the In ter-American Bar Association. It may be recalled that at its first conference in Havana in March 1941, the judges of the Supreme Court of
Cuba held a special session at which
they welcomed the visiting lawyers and judges and acquainted them with the Cuban judicial system. Similar
receptions were arranged for the
delegates at the second conference in Rio de Janeiro by the judges of the
Brazilian Supreme Court in August 1943, by the judges of the Mexican Supreme Court at the third conference in Mexico City in August 1944, and by the judges of the Supreme Court of Chile at the fourth conference held in Santiago in October 1945. A simi lar reception by the Supreme Court of Peru is planned for the fifth confer
ence, which will be held in Lima, Peru, in April 1947. Mention may also be made of the practice of for mer Chief Justice Stone of receiving
judges and lawyers from Latin
America at his offices and familiariz
ing them with the work of our Su
preme Court.
In view of the situation outlined above, it is believed that the proposed resolution of Mr. Barker may be
recommended for adoption by the
Section of International and Com
parative Law.
Respectfully submitted, William Roy Vallance,
Chairman Joseph E. Davies Arthur K. Kuhn Justin Miller Morris B. Mitchell William L. Ransom Carl B. Rix Harold E. Stassen
REPORT OF THE SPECIAL COMMITTEE ON
ORGANIZATION OF AN INTERNATIONAL BAR ASSOCIATION
RECOMMENDATION
It is recommended that the Section of International and Com parative Law approve, for adoption by the House of Delegates, a resolution in the following terms:
"Resolved, (1) That the President of the American Bar As sociation is hereby authorized and directed to accept for this Association membership in the International Bar Association, provided that this Association shall be at liberty to resign from such membership, without incurring any obligation as a mem
ber, upon notifying the Secretary General of the International Bar Association at any time within ninety days after the ad
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journment of the meeting which is to be held in New York
City on February 17, 1947, for the adoption of the proposed constitution of the International Bar Association;
"(2) That the President of the American Bar Association is hereby authorized to appoint the required representatives of this Association at the meeting to be held in New York City on
February 17, 1947."
REPORT
The House of Delegates, on motion of the chairman of the Section of In ternational and Comparative Law,
adopted on July 2, 1946, the following resolution :
"Whereas, it appears from an in
vestigation and study made by a
special committee of the Section of International and Comparative Law that there is a keen interest among representative groups df the organized bars of the nations of the world for cooperative ac tion through the formation of an International Bar Association,
"Therefore Be It Resolved, That the President of the American Bar
Association, or the special commit tee of the Section of International and Comparative Law on behalf of the President, be authorized to ex tend to the units of the organized bar with whom the committee has been in contact (and any other such groups subsequently indicat ing an interest in the project) an invitation to send representatives of their respective organizations to a meeting to be held in New York, New York, on or about September 17, 1946, for the purpose of con
sidering and agreeing upon the terms of a constitution for an International Bar Association sub ject to a subsequent reference of such constitution to the units of the
organized bar represented or ex
pressing an interest in the project."
Pursuant to the terms of this reso
lution, the President of the American
Bar Association on August 2, 1946, sent to the head of the national
organization of members of the legal profession, or the nearest ascertain able equivalent of such organization, in each of fifty-two countries, an in
vitation to send representatives to a
meeting to be held in New York City on October 8, 1946, for the purposes set forth in the resolution. The
change of date from that originally contemplated was due to the post ponement of the meeting of the United Nations Assembly.
The meeting for which invitations were sent was called to order by President Willis Smith of the Ameri can Bar Association at 10:00 a. m., October 8, 1946, at the house of the Association of the Bar of the City of New York. President Smith wel comed the representatives present in
part as follows:
"For some time a great many members of the American Bar Asso ciation have looked with more and
more favor upon the idea of the or ganization of an International Bar Association that could promote jurisprudence throughout the world and contribute to the maintenance of peace under law. We of the American Bar Association have be lieved it to be appropriate that we should take the initiative in calling such a meeting as we have here to
day. I am very much pleased that so many of you are here and that your various associations have
realized, even as we have, the im
portance of the efforts of organiza tions of lawyers in the maintenance of world relationships on good terms. We are confident that you,
who have taken the time and the trouble to come here, will work with a singleness of effort to arrive at a common ground of understand
ing that will enable our profession throughout the world to lead the
movement toward better under
standing. I think it will be a noble
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objective for this conference and for the organization which we hope will
grow out of this conference, to keep the law supreme in our various na
tions and thus to keep tyranny from the earth."
Following the President's address, the chairman of the special commit
tee, as chairman of the meeting, briefly traced the history of the committee, after which the representatives of
the various bar associations in at
tendance were identified as follows:
American Bar Association? Willis Smith Robert N. Anderson*
Henry F. Butler *
Mitchell B. Carroll* Frederic R. Coudert *
Michael Francis Doyle George Maurice Morris* William L. Ransom Carl B. Rix Charles Ruzicka*
Edgar Turlington William Roy Vallance*
Australia?Alfred Body (Law Coun cil of Australia)
Austria?Otto Zucker (Vienna Bar Association)
Brazil?Ramiro S. Guerreiro, Leao Veloso
Canada?C. J. Burchell, John T.
Hackett, J. C. McRuer (Ca nadian Bar Association)
Costa Rica?Luis Anderson Mo mia (Colegio de Abogados) ; also accredited as observer for Inter American Bar Association.
Czechoslovakia?Paul J. Edwards, Jaroslav Cebe-Habersky (Bar As sociation of Prague)
Dominican Republic?Carlos San chez y Sanchez (Colegio de Abo gados de Santo Domingo)
Ecuador?Eduardo Salazar, also ac credited as observer for Inter American Bar Association
* Asterisks indicate members of the
special committee who were present. Absent members of the committee were Messrs. Pendleton Beckley, Joseph E. Davies, Frederic M. Miller, Orie L. Phillips, and Roscoe Pound.
France?Andre Prudhomme, Rob ert Tenger (Association Nationale des Avocats)
Great Britain?Maurice Bathurst, J. V. M. Shields (General Coun cil of the Bar; The Law Society)
Greece?N. Z. Gazis Guatemala?Octavio Aguilar, Ada
berto Aguilar Fuentas (Asocia ci?n de Abogados de Guatemala)
Iran?Ahmed Mogbel, Taghi Nassr, Ali Akbar Akhavi (Iranian Bar Association)
Netherlands?Edward V. Saher (Nederlandsche Advocatenvereen
iging) Norway?Olaf Tellefsen (Den
Norske Sakfrerforening) Peru?Alberto Ulloa (Colegio de
Abogados de Peru) ; also ac credited as observer for Inter American Bar Association
Rumania?David Avr? m (Ru manian Bar Association)
Siam?Konthi Suphamongkhon (Bar Association of Siam)
Spain?Bernardo Rolland (Colegio de Abogados de Espana)
Venezuela?Gustavo Herrera, Luis G. Pietri (Colegio de Abogados de Venezuela)
Endorsement of the proposal for an international bar association had been received, prior to the meeting, from the following additional organ
izations, which were not represented at the meeting:
Harrison Tweed, President, Bar As sociation of the City of New
York Paul B. DeWitt, Bar Association of
the City of New York Amos J. Peaslee, Inter-American
Bar Association Willard . Cowles, American Bar
Association Phanor J. Eder, American Bar As
sociation Arnold Frye, American Bar As
sociation Vahan H. Kalenderian, American
Bar Association Louis B. Wehle, American Bar As
sociation Albert C. Barnes, Customs Bar As
sociation Helen Goodner, Women's Bar of
the District of Columbia Carolyn Just, Kappa Beta Pi Inter
national Legal Sorority Catherine Vaux, Phi Delta Delta
International Legal Fraternity
Following the identification of the representatives of the various bar
associations in attendance, the chair man of the special committee stated
that, in order to facilitate discussions, a subcommittee, consisting of Messrs.
Henry F. Butler, George Maurice
Morris, William Roy Vallance, and
himself, had prepared a draft of a pro
posed constitution. He requested the chairman of the Section, who had
worked with the subcommittee, to
present a general outline of the con
stitutional proposals. Mr. Turlington was followed by Mr. Morris, who, at
the request of the chairman of the
special committee, presided during the subsequent discussions of the
draft.
As a result of the discussions, which
occupied two days, various changes were made in the draft. A copy of
the revised draft, which was accepted in principle by the representatives in
attendance at the meeting, is attached
hereto. Particular attention is invited
to the provisions of the Transitory Article relating to the acceptance of
the constitution. This article em
bodies the conclusions that were
reached at the meeting as to the pro cedure for the setting up of the Inter national Bar Association. A Com mittee for the Organization of the International Bar Association was
designated at the meeting. It con
sists of the following persons:
Robert N. Anderson, Chairman? United States of America
Alfred Body?Australia Otto Zucker?Austria Ramiro S. Guerreiro?Brazil C. J. Burchell?Canada Luis Anderson Moma?Costa Rica Paul J. Edwards?Czechoslovakia Carlos Sanchez y Sanchez?Do
minican Republic Eduardo Salazar?Ecuador Andre Prudhomme?France Maurice Bathurst?Great Britain Octavio Aguilar?Guatemala Taghi Nassr?Iran Edward V. Saher?Netherlands Olaf Tellefsen?Norway Alberto Ulloa?Peru David Avram?Rumania Konthi Suphamongkhon?Siam Bernardo Rolland?Spain Gustavo Herrera?Venezuela
Secretaries of the committee were
named as follows:
For Asia?Konthi Suphamongkhon For Europe, Africa, Australia and
New Zealand?Robert Tenger For North and South America?
Amos J. Peaslee
The Committee for the Organiza tion of the International Bar Asso
ciation is, among other things, en
gaged in the preparation of a sum
mary of the discussions at the meet
ing of October 8 and 9 and in the preparation of a list of the organiza tions which will be invited to become charter members of the International
Bar Association, under the condi
tions set forth in the Transitory Ar
ticle. The American Bar Association
will, of course, be invited to become
the charter member from the United
States.
As provided in the Transitory Ar
ticle, the business of the meeting
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which is to be held in New York City on February 17, 1947, will in clude the adoption of the proposed constitution, with such amendments as shall be approved by the majority vote of the invited organizations rep resented and voting as national units.
While each organization accepting the invitation to attend that meeting will be deemed to be a charter member of the new Association, each such
organization "shall be at liberty to
resign from such membership, without
incurring any obligation as a mem
ber, upon notifying the Secretary General at any time within ninety days after the adjournment of the said meeting."
It is believed that the purposes of the International Bar Association, as
set forth in article I of the proposed constitution, deserve and will have the cordial and enthusiastic support of the American Bar Association. One of the purposes set forth is to cooper ate with, and promote coordination
among, international juridical organ izations having similar purposes. Ac
cording to article II, section 10, of the proposed constitution, interna tional organizations having similar
purposes may be elected associate members of the International Bar As
sociation under conditions to be pre scribed in the by-laws and according to article III of the proposed consti
tu ti on, agreements which the Execu tive Council is authorized to make with other international organizat ions having similar purposes may in clude provisions for participation of
representatives of such organiza tions in the sessions of the House of
Deputies. It is believed that the pro visions cited afford a basis for cordial and effective cooperation between the International Bar Association and
the Inter-American Bar Association and the Union Internationale des
Avocats. This belief was shared by the representatives of those organiza tions at the meeting of October 8 and
9, 1946. It would seem to be highly appro
priate for the American Bar Associa
tion to become a charter member of
the International Bar Association and
to send the required representatives to the meeting to be held in New
York on February 17, 1947.
Respectfully submitted, Robert Anderson,
Chairman Pendleton Beckley Frederic R. Coudert Joseph E. Davies Frederic M. Miller George M. Morris Orie L. Phillips Roscoe Pound William Roy Vallance
APPENDIX TO REPORT
Proposed Constitution of the International Bar Association
Article I?Name and Purposes
There is hereby established the In ternational Bar Association. The pur poses of the Association are:
To advance the science of juris prudence in all its phases and par ticularly in the areas of interna tional and comparative law;
To promote uniformity in ap propriate fields of law;
To promote the administration of justice under law among the peoples of the world ;
To promote in their legal aspects the principles and aims of the United Nations;
To establish and maintain
friendly relations among the mem bers of the legal profession of the world ;
To cooperate with, and promote coordination among, international
juridical organizations having simi lar purposes.
This is a non-political organization.
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Sec. 1. Any national organization of members of the legal profession as
defined herein shall be eligible for membership in the Association.
Sec. 2. "Members of the legal pro fession" means persons versed in the laws or practitioners of law, includ
ing attorneys, counselors, solicitors, barristers, advocates, judges, profes sors of law, et cetera.
Sec. 3. A "national organiza tion" means:
(a) An organization of members of the legal profession coextensive in territorial scope with any nation, country, self-governing dominion, trust-territory or colony; or
(b) Where no such organization exists, a combination, for the purpose of representation, of organizations of members of the legal profession in constitutent states, provinces, terri
tories, cities or other subdivisions of
any nation, country, self-governing dominion, trust-territory or colony.
Sec. 4. Where there are two or more organizations of members of the legal profession coextensive in territorial scope with any nation, country, self-governing dominion,
trust-territory or colony, each of such
organizations shall be deemed to be a national organization.
Sec. 5. If at any time in any na
tion, country, self-governing do
minion, trust-territory or colony there is no national organization as defined in section 3 of this article, the organi zation of the members of the legal profession of the capital city may be deemed to be a national organization. If there is more than one such or
ganization in the capital city, the House of Deputies may recognize one
of them as the national organiza tion. In special cases, to be desig nated as such by the House of Depu ties, the provisions of this section
may be applied to organizations of members of the legal profession of a
large city other than the capital. Sec. 6. Applications for membership
shall be made and acted upon in the manner prescribed in the By-laws.
Sec. 7. A member of the Associa tion not in default in payment of dues
may at any time file its notice of
resignation with the Secretary Gen eral. Such resignation shall become
effective, as of the date of such filing, upon certificate by the Executive Council that such member is not in default in payment of dues.
Sec. 8. The House of Deputies, upon the recommendation of the Ex ecutive Council, may suspend or
expel, for cause, any member of the Association after full hearing. The Executive Council may suspend or
drop from membership any member of the Association for non-payment of dues. Any member of the Associa tion suspended or dropped for non
payment of dues may be reinstated
by the Executive Council. Sec. 9. A member of the Associa
tion which has resigned, has been ex
pelled or has been dropped for non
payment of dues shall have no right to any share in the property of the
Association. Sec. 10. International organizations
having similar purposes may be
elected associate members of the
Association under the conditions pre scribed in the By-laws.
Article III?Cooperation with
Other International Organizations
The Executive Council may enter
into agreements on behalf of the As
sociation for cooperation with other
international organizations having similar purposes. Such agreements
may include provisions for participa tion of representatives of such organ izations in the sessions of the House
of Deputies under conditions pre scribed in the By-laws.
Article IV?Patrons
Members of the legal profession may be elected Patrons of the As
sociation under the conditions pre scribed in the By-laws. Patrons shall be entitled to attend all the Interna
tional Conferences of the Legal Pro
6
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Sec. 1. The control of the As sociation shall be vested in the House of Deputies. The sessions of the House of Deputies shall be held at the times and places of the Interna tional Conferences of the Legal Pro fession and at such other times and
places as the House of Deputies or the Executive Council shall order.
Sec. 2. (a) Each national organiza tion belonging to the Association shall be entitled to one deputy in the House of Deputies for each one
thousand, or fraction of one thou
sand, members of such organization; provided, that no such organization shall be entitled to more than ten
deputies. The number of members of such organization shall be taken as
of the thirty-first day of December next preceding the organization's se lection of its deputies.
(b) Each deputy shall be chosen in such manner as shall be determined
by the national organization which he
represents. His term shall begin with the acceptance of his credentials by the House of Deputies and shall con tinue until the opening of the next succeeding International Conference of the Legal Profession and the ac
ceptance of the credentials of his successor. In the event of the resigna tion, disqualification or death of a deputy, the national organization which he represents may select and
certify a successor to serve for the
unexpired balance of his term. Sec. 3. All officers of the Associa
tion and members of the Executive Council shall be, ex officio, members of the House of Deputies
Sec. 4. The House of Deputies may adopt, subject to the provisions of the Constitution and the By-laws, such rules for the transaction of its business as it deems suitable and shall be the judge of the election and qualifications of its members.
Sec. 5. Decisions of the House of
Deputies at any session thereof shall be made ordinarily and in all matters
of finance by the majority vote of the deputies present and voting ; pro
vided, however, that upon the de
mand of one-third of the national or
ganizations present or represented and voting as units, affirmative action
upon a specific proposal shall require the vote of two-thirds of the na
tional organizations present or repre sented and voting as national units in the manner prescribed in the
By-laws. Sec. 6. The House of Deputies
may, at any time, by a majority vote
(taken by mail if necessary) of all the deputies refer to the national
organizations belonging to the Asso ciation defined questions which in the
opinion of the House of Deputies are
of immediate practical consequence to the legal profession and to the
peoples of the world.
Article VI?Executive Council
Sec. 1. There shall be an Execu tive Council of the Association. Sub
ject to the authority and direction of the House of Deputies and between its meetings, the Executive Council shall be the administrative body of
the Association and shall have au
thority to take any action which the House of Deputies itself might take, not inconsistent with the Constitution and By-laws or with any action taken by the House of Deputies.
Sec. 2. The Executive Council shall
consist of twelve councilors (not more than one from the same nation,
country, self-governing dominion,
trust-territory, or colony) elected by the House of Deputies and, ex officio, the President, the Speaker of the
House of Deputies, the Secretary General and the Treasurer of the As
sociation. Six of the elected coun
cilors shall be chosen by the House of Deputies at each of the Interna tional Conferences of the Legal Pro
fession to serve for a term beginning with the adjournment of that confer
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enee and ending with the adjourn ment of the second succeeding con
ference; provided, however, that twelve such councilors shall be chosen at the first conference, six to serve
until the adjournment of the second conference and six until the adjourn
ment of the third conference.
Sec. 3. The Executive Council shall meet at least once during each calendar year and shall hold such other meetings at such times and
places as may be designated by the
President or, upon a request in writing of a majority of the councilors, by the
Secretary General.
Sec. 6. Subject to the provisions of the Constitution and the By-laws and to the direction of the House of
Deputies, the Executive Council shall have the duty and authority to deter
mine the agenda, the program and the regulations for general procedure at each of the International Con ferences of the Legal Profession.
Sec. 7. The Executive Council may
appoint, and may prescribe the duties
of, Assistant Secretaries General, one or more Assistant Treasurers and such other agents or employees as the Council may deem to be desirable. All agents and employees so ap pointed shall hold office at the
pleasure of the Executive Council.
Article VII?Officers
Sec. 1. The following officers of the Association shall be elected by the House of Deputies at each of the International Conferences of the
Legal Profession. Election shall be
by a majority of the votes of the deputies present and voting. Each officer shall serve for a term be
ginning with the adjournment of the conference at which he is elected and
ending with the adjournment of the next succeeding conference:
A President, who shall not be eligible for reelection;
A Vice-President for each nation, country, self-governing dominion, trust-territory or colony repre
sented in the Association by a
national organization ; A Speaker of the House of Depu
ties; A Secretary General; A Treasurer.
Sec. 2. The President or, in his
absence, one of the Vice-Presidents
designated by the House of Deputies, shall preside at all plenary meetings of the International Conferences of the Legal Profession.
Sec. 3. The Speaker of the House of Deputies or, in his absence, one of the Vice-Presidents designated by the House of Deputies, shall pre side at all sessions of the House of
Deputies and at all meetings of the Executive Council
Sec. 4. The Secretary General shall have charge of the headquarters of
the Association, custody of its rec
ords, supervision of the activities of
the Assistant Secretaries General and
direction of the employees of the
Association.
Sec. 5. The Treasurer shall have
custody of the funds of the Associa
tion, maintain books of account at the
headquarters of the Association and
make collections and disbursements as directed by the Executive Council.
He shall have supervision of the ac
tivities of the Assistant Treasurers.
Sec. 6. In addition to having the
powers and duties specified in this
article, all officers of the Association
shall perform the functions usually
performed by such officers, those
prescribed by the Constitution and
the By-laws and those ordered by the
House of Deputies and the Executive
Council.
Article VIII?The International
Conferences op the Legal
Profession
Sec. 1. The Association shall at
times and places to be fixed by the House of Deputies hold the Interna
tional Conferences of the Legal Pro
fession. Such conferences shall con
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sist of plenary meetings, symposiums in various fields of the law and ses
sions of the House of Deputies. Sec. 2. The conferees at the Inter
national Conferences of the Legal Profession shall consist of the officers, councilors, deputies, and patrons of the Association and of persons duly accredited as conferees by organiza tions which are members or (subject to the provisions of the By-laws) as
sociate members of the Association. Conferees may attend, under the con
ditions prescribed in the By-laws or
by the House of Deputies, plenary meetings of the conferences or sym
posiums thereof. Conferees may par
ticipate in the discussions of any sym
posium and cast their votes therein
respecting any proposals under con
sideration.
Sec. 3. Action taken by any sym posium, committee or other group acting under the auspices of the As sociation (except the House of Depu ties and the Executive Council) shall constitute the action of the Associa tion only if confirmed by the House of Deputies.
Sec. 4. Due notice respecting each of the International Conferences of the Legal Profession shall be given as prescribed in the By-laws.
Sec. 5. Upon the invitation of the Executive Council any organization of members of the legal profession which is not a member of the Association
may be represented by observers at
any of the International Conferences of the Legal Profession. Such ob servers shall have such rights and
privileges as may be prescribed in the
By-laws.
Article IX?Offices of the
Association
The principal offices of the Asso ciation shall be established and main tained at or near the seat of the United Nations. Additional offices may be established and maintained as the House of Deputies may from time to time determine.
Article ?Adoption and Amend ment of By-Laws
Adoption or any amendment or re
scission of the By-laws shall be by the method of voting prescribed in article V, section 5, of this Consti
tution; provided, that notice of the
proposed action shall have been filed in writing by one or more deputies with the Secretary General, at least
ninety (90) days before the confer ence at which such action is proposed to be taken. The Secretary General, upon the filing of such notice, shall communicate it immediately to all
deputies and to all national organiza tions belonging to the Association.
Article XI?Amendment of
Constitution
This Constitution may be amended in any session of the House of Depu ties held during any of the Interna tional Conferences of the Legal Pro fession by the affirmative vote of
two-thirds of the national organiza tions belonging to the Association and
voting as national units in the man ner prescribed in the By-laws; pro
vided, that notice of the proposed amendment shall have been filed in
writing with the Secretary General,
by one or more national organiza tions belonging to the Association, at least one hundred and eighty (180) days before the Conference at which
such amendment is proposed to be
made. The Secretary General, upon the filing of such notice, shall com
municate it immediately to all depu ties and to all national organizations
belonging to the Association.
Article XII?Dissolution? Liabilities
Sec. 1. The Association may be dis
solved upon notice and vote in the manner prescribed in article XI with
respect to amendments of this Con
stitution. Sec. 2. No member of the Associa
tion shall, by reason of membership
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in the Association, be liable for any debt or obligation of the Association. Nor shall the fact that any member or patron shall have contributed
moneys or services to or on behalf of the Association at any time, or shall have paid at any time any expenses of the Association incident to pro
moting or maintaining the Associa tion or furthering its purposes or any of them, obligate any such member or patron, in the absence of an ex
press promise or agreement in writing to that effect, for any debt, service, or obligation of the Association.
Transitory Article?Acceptance of the Constitution
The Committee for Organization of the International Bar Association shall send to organizations of the
members of the legal profession, deemed by the committee to be
eligible for membership in this Asso
ciation, the draft of the Constitution arrived at by those representatives attending the organizing meeting, called by the President of the Ameri can Bar Association (under the man
date of the House of Delegates of that Association) and held at the house of the Association of the Bar of the City of New York on October 8 and 9, 1946. The committee shall invite such organizations to accept
membership in this Association sub
ject to the conditions hereinafter set forth:
Each organization accepting the invitation shall designate repre
sentatives, not to exceed the number of deputies to which it would be en
titled under the provisions of article
V, section 2, of this Constitution, to
attend a meeting to be held at the house of the Association of the Bar of the City of New York, beginning at 10: 00 a. m. on Monday, February 17,
1947; (b) Each organization accepting
the invitation to attend the said
meeting shall be deemed to be a
charter member of this Association; provided, however, that any such or
ganization shall be at liberty to resign from such membership, without in
curring any obligation as a member, upon notifying the Secretary General at any time within ninety (90) days after the adjournment of the said
meeting ; (c) The business of such meeting
shall be: (1) the adoption of this Constitution with such amendments as shall be approved by the majority vote of the invited organizations represented and voting as national
units, (2) the inauguration of the
representatives present as the House of Deputies to serve until the opening of the first of the International Con ferences of the Legal Profession; (3) the election of officers and the mem bers of the Executive Council, all to serve until the opening of the first of the International Conferences of the
Legal Profession, (4) the adoption of
provisional By-laws subject to change in the manner prescribed in article X of the Constitution, and (5) the dis
position of such other matters as may properly come before the House of
Deputies ; (d) Unless otherwise prescribed in
the provisional By-laws, each member shall pay basic dues of one hundred dollars ($100) United States cur
rency, or its equivalent, and each member which is entitled under the Constitution to more than one deputy shall pay additional dues of fifty dollars ($50) United States currency, or its equivalent, for each such deputy in excess of one, all dues being pay able annually in advance ; and
(e) Unless otherwise prescribed in the provisional By-laws the contri bution required of each patron of the Association shall be twenty-five dol lars ($25.00) United States currency, or its equivalent, per annum.
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