|
||||||||||||||
|
2003.10.11 |
|||||||||||||
|
|
|||||||||||||
ILSA Constitution
ILSA Constitution
Adopted April, 1959; amended April 3, 1993; amended for incorporation, October 21, 1995; amended April 5, 1997; amended November 1, 1997.
We, as individual members and chapters at our respective schools
BELIEVING that the principles of international law should be more fully understood and recognized;
RECOGNIZING our duty and obligation to educate ourselves and our fellow students in the principles and purposes of international law, international organizations and institutions, and comparative legal systems;
MINDFUL that contacts and communications among law students from different parts of the world are necessary for international understanding and cooperation in general and the advancement of legal education in particular; and
REALIZING that students have a special opportunity, as well as a duty, to promote peace, justice and mutual interdependence;
DO HEREBY ORDAIN AND ESTABLISH the following Constitution as the governing instrument of the International Law Students Association.
Name
Section 1
The name of the organization shall be the "International Law Students Association," hereinafter referred to as "ILSA," or "the Association."
Section 2
The term for which ILSA is organized shall be perpetual.
Philosophy
Vision
A just world in which there is respect for human dignity and cultural diversity.
Purpose
To contribute to legal education, to foster mutual understanding and to promote social responsibility of law students and young lawyers.
Means
To provide opportunities for law students and young lawyers to learn about other cultures and legal systems in a spirit of critical dialogue and scientific cooperation. To assist law students and young lawyers to be internationally minded and professionally skilled. To encourage law students and young lawyers to act for the good of society.
Purposes
The purposes of this Association shall be:
1. to promote an understanding and recognition of the principles of international law; 2. to educate others in the principles and purposes of international law and of international organizations and institutions; 3. to promote the study of international law, thus to encourage a just world order and friendly commerce among the citizens of all nations; 4. to promote the comparative study of the legal systems of the world, thereby to foster communication and understanding among citizens of different nations; 5. to educate ourselves and others in these areas of knowledge through discussions, speakers, research, publications, exchanges, and other appropriate means and to promote association between lawyers and students from around the world; and, 6. to engage students in international, national, regional, and local conferences, and to improve the knowledge and experience of members of the Association and the legal profession in dealing with international law.
Powers
Section 1
ILSA shall have all the powers necessary and appropriate for accomplishing its purpose, including the following powers:
1. through the authority granted to the ILSA Board of Directors (hereinafter "Board of Directors"): a. to receive, acquire, and dispose of funds and other property, and approve all expenditures; b. to pay reasonable compensation and reimbursement for services rendered or expenses incurred on behalf of ILSA; and, c. generally, to exercise the powers given by law to all corporations and associations. 2. through the authority granted to the Congress: a. to elect and monitor student officers; b. to impeach elected officers; c. to review biannual reports to the Congresses from the elected officers and the Executive Director; d. to convene regular meetings of members; e. to approve additional special meetings of members; f. to monitor ILSA Regional and National Structures; g. to support other international law student organizations; h. to adopt new programs; and i. to make recommendations to the Executive Director, or to the Board of Directors.
Section 2
ILSA's powers and activities shall be limited by the following provisions:
1. ILSA shall not possess or exercise any power or authority, either expressly or implicitly, by interpretation or by operation of law, that might prevent it at any time from qualifying and continuing to qualify as a 501(c)(3) non-profit corporation as described in the relevant revenue statutes of the United States of America, contributions to which are deductible for United States income tax purposes, nor shall it engage directly in any activity which might cause the loss of such qualifications; 2. No part of the assets or net earnings of ILSA shall be used for purposes that are not exclusively charitable, scientific, or educational within the meaning of the applicable revenue statutes of the United States of America; 3. ILSA shall never be operated for the purpose of carrying on a trade or business for profit; 4. None of the activities of ILSA shall consist of carrying on propaganda or otherwise attempting to influence legislation beyond those permitted by law for organizations to which contributions may be deducted for United States income tax purposes; nor shall it participate or intervene in any manner, or to any extent, in any political campaign on behalf of any candidate for public office, whether by publishing or distributing statements or otherwise; 5. At no time shall ILSA engage in activities which are prohibited under the revenue laws, or are unlawful under any other laws, of the United States of America, or any other jurisdiction where its activities are carried on; and 6. ILSA shall not pay any compensation or loan, engage in any solicitation of contributions, accept any gift, bequest or device, or distribute any part of its assets or net earnings, current or accumulated, in any manner that would jeopardize its status as entitled to tax exemption or to receive tax-deductible gifts under the revenue laws of the United States of America.
Membership
Section 1
Membership in ILSA shall be open to all students currently enrolled in undergraduate or graduate institutions anywhere in the world, and who to all other individuals who are interested in the study of private and public international law or foreign affairs, in accordance with Article 11, section 2, of the Bylaws of the corporation.
Section 2
ILSA membership shall be granted to student International Law Societies and their members, and to other individuals who satisfy the criteria set forth in Article IV, Section 1, in accordance with the standards and procedures set forth in the ILSA Bylaws.
Section 3
"ILSA Local Groups" shall hereinafter refer to all member student International Law Societies.
"ILSA Individual Members" shall refer to all members where there is no established ILSA Local Group or who have otherwise met the applicable membership requirements.
ILSA Congress
Section 1
The ILSA Congress, hereinafter referred to as the "Congress," shall be the representative supervisory body for ILSA members and their interests. Implementation of recommendations and programs approved by the Congress will be achieved by the Executive Committee of the Board of Directors, or referred to the Board of Directors itself.
Section 2
The Congress shall consist of all members of ILSA Local Groups and Individual Members in good standing, as determined by the provisions of this Constitution, the ILSA Bylaws, and other governing regulations of the Association.
Section 3
Voting in the Congress shall proceed in accordance with the following guidelines:
1. Each ILSA Local Group in good standing represented by one or more members in attendance at the Congress shall have one vote. 2. Each ILSA Local Group entitled to vote in the Congress, but unable to attend, may do so by proxy pursuant to the provisions of this Constitution. 3. All decisions regarding adoption of, the requirements and procedures for membership in ILSA, and other matters raised before the Congress shall be decided by a majority vote of the Congress, unless otherwise specified in this Constitution. 4. All decisions regarding adoption of amendments to the ILSA Constitution shall be by two-thirds vote of the Congress. 5. In the event of a tie vote of the Congress, the President of ILSA shall cast the tie breaking vote.
Section 4
There shall be one Fall meeting and one Spring meeting of the Congress. Provisions for organization, registration and attendance at such events shall be made by the Executive Office.
Section 5
For purposes of conducting official ILSA business, a quorum shall constitute five percent of the total number of ILSA Local Groups in good standing.
Officers of the Association
Section 1
The principle officers of ILSA shall be the President, Vice President, Student Member-at-Large and the ISAIL Director.
Section 2
The President, Vice-President, Student Member-at-Large and the ISAIL Director shall be elected by the Spring Congress for a term of one year, to commence the following June 1. Elections for all officers shall be conducted in accordance with the voting rules and procedures set forth in this Constitution.
Section 3
The President shall be the chief student officer and spokesperson for ILSA. The President shall convene national, regional or local caucuses of the Congress to address international, national or regional and local issues as necessary. The President shall have the power to appoint an advisory cabinet and working groups as necessary.
Section 4
The President shall have charge of external relations, assist the Executive Director in his/her activities, and have the power to enter into agreements with other professional and student organizations, subject to this Constitution, the ILSA Bylaws, and other governing regulations of the Association.
Section 5
The Vice-President shall have charge of academic activities, and assist the ILSA President and the ILSA Executive Director in their activities subject to this Constitution, the ILSA Bylaws, and other governing regulations of the Association.
Section 6
The Student Member-at-Large shall manage the internal communications among Societies within ILSA, promote the views of the students, and disseminate information quickly between officers, directors, the Executive Office, and the students.
Section 7
The duly appointed Editor-in-chief of the ILSA Journal of International & Comparative Law shall represent the Journal in the affairs and meetings of ILSA.
Section 8
The ILSA Executive Director shall be the chief operating officer of ILSA. The responsibilities of the Executive Director and the term served shall be carried out in accordance with the terms and procedures outlined in this Constitution, the ILSA Bylaws and other governing regulations of the Association.
Section 9
The Executive Director shall be chosen by the ILSA Board of Directors.
Section 10
Other ILSA Offices may be created by majority vote of the ILSA Congress, but new board positions cannot be created by vote of the Congress. Directorships and working groups, temporary and permanent, may be created by the student officers of ILSA.
Section 11
The additional responsibilities of each officer shall be determined and assigned by the ILSA Congress as necessary.
Section 12
Each ILSA Officer shall prepare a report on the ILSA-related activities for which they are responsible for each Congress and Board Meeting. Such reports shall be prepared and distributed to all ILSA Local Groups in good standing prior to the Congresses by the Student Member-at-Large.
Section 13
In the event that a vacancy arises in any elected ILSA Office, any member of the Executive Committee may nominate a replacement. Vacancies shall be filled by majority vote of the Committee, and appointed officers shall serve until the next scheduled election.
Section 14
All nominations and elections shall be governed by the regulations of the Nominations and Elections Committee.
Executive Committee
Section 1
The Executive Committee of ILSA shall be comprised of the President, Vice President, Chair of the Board of Directors, Chair of the Budget Committee, one other member selected from the Board of Directors, and the Executive Director as an ex-officio, non-voting member.
Section 2
The Executive Committee shall implement all policy and program decisions made by the Congress, by the Executive Committee when acting within its own authority, or by the ILSA Board of Directors.
Section 3
The President shall preside over all Executive Committee meetings.
Philip C. Jessup International Law Moot Court Competition
Section 1
ILSA shall administer, on a yearly basis, the Philip C. Jessup International Law Moot Court Competition, hereinafter referred to as the "Jessup Competition." The Jessup Competition Finals shall be held yearly at a site determined by the ILSA Board of Directors. The Finals shall, when circumstances permit, be held at the location of the ILSA Spring Congress.
Section 2
The Executive Director shall serve as the Administrator of the Jessup Competition.
Section 3
The Jessup Competition Committee, consisting of the Executive Director, the Associate Director, the ILSA President, and the Chairperson of the Friends of the Jessup, shall act as the general working group for Jessup Competition affairs within ILSA and shall assist in managing and supervising the Competition as necessary.
Section 4
The Official Rules and procedures of the Competition shall be promulgated, revised, and maintained by Executive Director, in consultation with the Jessup Rules Committee.
Internships and Studies Abroad in International Law (ISAIL) Program
ILSA shall administer the Internships and Studies Abroad in International Law Program (hereinafter "ISAIL") from the Executive Office.
Section 2
The ISAIL Program shall be comprised of the following components:
1. student international law internship programs; 2. student paid international law exchanges between countries, which shall be based on the principle of reciprocity; 3. short-term group visits between schools of different countries; 4. cultural exchanges between countries; 5. exchange of delegates between partner organizations' conferences; 6. promotion of summer study abroad programs; and 7. otherwise complementing all components of all other ILSA programs.
Section 3
The exchange component of the ISAIL Program shall be administered in accordance with the ILSA Bylaws, the governing regulations of the Association, the provisions of 22 CFR (U.S. Code of Federal Regulations) sec. 514 in the United States, other governmental regulations on exchange programs, and the regulations of partner international student organizations.
Section 4
The Executive Director shall supervise all participating schools and students within ISAIL and be responsible for the issuance the J-1 visas when necessary.
ILSA Journal of International & Comparative Law
Section 1
ILSA shall publish, in cooperation with a Host School, a student-edited international law journal entitled "The ILSA Journal of International & Comparative Law," hereinafter referred to as the "ILSA Journal."
Section 2
Editing, publishing, and marketing of the ILSA Journal shall be governed by the Board of Directors and the Regulations on the Law Journal.
Section 3
The ILSA Journal shall be awarded to a host school, through a formal bidding process, every five years. The Host School shall be selected by the Board of Directors in accordance with the procedures set forth in the ILSA Bylaws and the governing rules of the Association.
Section 4
In the event that the Host School fails to exercise its contractual duties in good faith, the Board of Directors shall be authorized to revoke the Host School contract and begin an immediate search for a new Host School.
Conference of International Law Journals
Section 1
ILSA shall organize and coordinate the Conference of International Law Journals, hereinafter referred to as the "Conference." The Conference shall consist of an alliance of all student-edited international law journals worldwide.
Section 2
There shall be one annual meeting of the Conference, to be held in conjunction with the Spring Congress, and such additional meetings as the member journals deem necessary.
Section 3
The Conference shall be governed by the ILSA Bylaws and the governing regulations of the Association.
Elections
Section 1
The offices of President, Vice-President, Student Member-at-Large and ISAIL Director shall be voted upon annually at the ILSA Spring Congress.
Section 2
All candidates for office shall be members of ILSA, individually or as members of chapters in good standing, and shall meet all Regulations of the Nominations and Elections Committee on candidacy.
Section 3
Elections and campaign procedures shall be regulated by an independent student election committee and the Regulations of the Nominations and Elections Committee.
ILSA Regions
Section 1
ILSA local groups will be structured into Regions to better facilitate communications, resources, and the opportunity for participation of individual ILSA members.
Section 2
The boundaries of the ILSA Regions shall be designated or modified by a majority vote of the ILSA Congress.
Section 3
Each Region shall be governed by the provisions of these regulations, the ILSA Bylaws and regulations. Regional Bylaws shall be drafted and adopted by each Region, subject to the unanimous approval of the member Local Groups in the Region and the Executive Council.
Section 4
ILSA Regional activities shall be coordinated by the Student Member-at-Large, in cooperation with Regional Directors. Regional Directors shall be elected at the ILSA Spring Congress by majority vote of all ILSA Local Groups located in the Region, in accordance with the nomination procedures set forth in the Regulations of the ILSA Nominations and Elections Committee. Local Groups not able to attend the Spring Congress shall be eligible to vote for Regional Directors by mail, in accordance with the provisions of these regulations, and the ILSA Bylaws and regulations. Temporary vacancies in Regional Directorships shall be filled by appointment of the President, unless otherwise provided by the Regional Bylaws.
Section 5
Each Regional Director shall be allowed to establish such offices, directorships, and working groups as are necessary to conduct Regional business.
Section 6
The Regional Director shall submit a written report detailing the activities of his or her Region prior to each meeting of the ILSA Congress.
Interpretation
Section 1
Questions of interpretation of this Constitution these regulations shall be resolved by a two-thirds vote of the Executive Committee. All such interpretive decisions shall be recommended to the next Congress, which may, by a two-thirds vote, reject the Executive Committee's decision and refer the question to the Board of Directors.
Section 2
This constitution supersedes all prior constitutions and amendments of ILSA and its predecessor organization.
Amendment
This Constitution may be amended by a two-thirds vote of the ILSA membership present and voting at any Congress, and approval of the Board of Directors.
|
||||||||||||||