The representatives of research institutions in the Asian region attending
the Inaugural General Meeting of the Asia Legal Information Network held
in 2005 fully recognized that the establishment of the said Network would
contribute greatly to making legal information, the results of relevant
research and any other related knowledge as held and managed by each of
those institutions available to all of them, agreed that the activities
of the Asia Legal Information Network should be very important and helpful
in developing legal systems and promoting the relevant research in the
Asian region, and declared that they shall actively participate in and
support such activities.
Article 1 (Organization)
There shall be established the Asia Legal Information Network (hereinafter
referred to as the "ALIN") to be composed of governmental agencies,
legal system-related research institutions, jurisprudence-related educational
institutions and other legal information-related institutions in the Asian
region (hereinafter referred to as the "Partners") which take
charge of the business of collecting, managing and researching laws, judicial
precedents and any other legal information (hereinafter referred to as
the "legal information") and which consent to the purposes of
the ALIN and voluntarily participate therein.
Article 2 (Purposes)
The purposes of the ALIN is to exchange materials and research results
concerning legal information held by the Partners by forming an integrated
human and material network, and to promote cooperation among related researchers
and staff members through paying exchange visits. In short, it aims to
build a horizontal network to maximize the effective value of legal information
and research results held by each of the Partners by sharing such information
and results among all of them in on-line or off-line areas.
Article 3 (Functions)
The ALIN shall perform the following functions:
1. Establishing a network to enable human and material exchange among
the Partners;
2. Building and operating any on-line system on Internet for the exchange
of legal information and research-related materials;
3. Promoting joint research on legal systems and holding relevant academic
conferences;
4. Providing the support for reorganization and improvement of legal systems
as well as for legal system-related education in the Asian region; and
5. Other projects which serves to achieve the purposes of the ALIN.
Article 4 (Operation of On-Line System)
(1) There shall be established and operated an ALIN Homepage (www.e-alin.org)
to facilitate the conduct of projects of the ALIN as well as to build
the on-line system referred to in subparagraph 2 of Article 3.
(2) The Homepage referred to in paragraph (1) shall perform the following
functions:
1. Publicizing the ALIN and its activities;
2. Announcing and exchanging the results of performance by the ALIN and
other relevant materials;
3. Introducing individual Partners and building sub-homepages for the
sharing and exchange of legal system-related materials;
4. Holding meetings and forums on the Internet; and
5. Other functions necessary to facilitate the conduct of projects of
the ALIN.
(3) The computer server necessary to operate the Homepage referred to
in paragraph (1) shall be put in the Korea Legislation Research Institute.
Article 5 (Academic Activities)
(1) The ALIN may, if necessary to achieve its purposes, hold academic
conferences with the participation of the Partners.
(2) The ALIN may, if necessary to achieve its purposes, publish academic
journals with the involvement of the Partners.
(3) The ALIN may periodically publish news letters to facilitate the conduct
of its projects and promote mutual understanding among the Partners.
Article 6 (Structure)
The ALIN shall be composed of the General Meeting, Partners and the Secretariat.
Article 7 (Functions of General Meeting)
The General Meeting shall perform the following functions:
1. Formulating policies for the operation of the ALIN;
2. Approving proposals for major projects;
3. Adopting and amending the Charter of the ALIN;
4. Adopting and amending rules or regulations for operating the ALIN;
5. Approving the accession to the ALIN and confirming the withdrawal therefrom;
6. Deciding the place of the next General Meeting and the presiding Partner
thereof;
7. Other functions which may be necessary to achieve the purposes of the
ALIN.
Article 8 (Composition and Operation of General Meeting)
(1) The General Meeting shall consist of the representatives of the Partners
and be the supreme decision-making organ of the ALIN.
(2) The General Meeting shall, in principle, be held once a year, and
the place and the presiding Partner shall be decided on at the preceding
General Meeting.
(3) The Chairperson of the General Meeting shall be elected from among
the representatives of the Partners at the preceding General Meeting.
The Chairperson shall preside over the General Meeting and shall, in case
of an equality of votes, have a casting vote in taking decisions.
(4) A majority of the representatives of the Partners shall constitute
a quorum of the General Meeting, which shall take decisions by a simple
majority of the representatives present: Provided, That decisions on the
adoption and amendment of the Charter shall require a two-thirds majority
vote of all the representatives of the Partners.
(5) The Partner presiding over the General Meeting may defray part of
the expenses incurred in holding it in accordance with decisions of the
General Meeting and shall consult with the Secretariat on the matters
related to such holding.
Article 9 (Accession to and Withdrawal from ALIN)
(1) The agencies or institutions which consent to the purposes of the
ALIN and which attend the Inaugural General Meeting and sign this Charter
shall be Partners automatically.
(2) Any agency or institution which intends to be a Partner of the ALIN
shall submit a prescribed application for admission to the Secretariat.
(3) Any agency or institution which submits a prescribed application for
accession under paragraph (2) shall become a Partner with the approval
of the General Meeting: Provided, That even before the General Meeting
is held, the Secretariat may, if deemed necessary, have the said agency
or institution participate in the activities of the ALIN as an observer.
(4) An observer referred to in paragraph (3) may enjoy the same treatment
as a Partner but shall neither present its opinions nor cast a vote at
the General Meeting.
(5) Any Partner may voluntarily withdraw from the ALIN by submitting a
written notice of such withdrawal to the Secretariat, and such withdrawal
shall be confirmed by the General Meeting.
Article 10 (Rights and Obligations of Partners)
(1) The Partners shall enjoy their rights on equal terms and discharge
their obligations in good faith, so as to achieve the purposes of the
ALIN.
(2) The Partners shall conduct mutual exchanges and cooperation according
to the principle of faithfulness and sincerity to achieve the purports
and purposes of setting up the ALIN.
(3) The Partners shall designate administrators of their individual sub-homepages
and have them take sincere charge of the exchange of various legal system-related
materials through the Homepage referred to in Article 4 (1), the operation
of the sub-homepages and the performance of other affairs related to the
ALIN projects.
Article 11 (Secretariat)
(1) The Secretariat shall perform duties falling under the following subparagraphs:
1. Holding the General Meeting;
2. Performing general affairs of the ALIN such as personnel affairs, accounts,
and the management of documents;
3. Holding academic conferences of the ALIN and publishing academic journals
and news letters thereof;
4. Maintaining and managing the on-line system referred to in subparagraph
2 of Article 3; and
5. Dealing with other affairs delegated by the General Meeting.
(2) The Partner that serves as the Secretariat shall be decided by the
General Meeting and shall have manpower and facilities necessary for the
operation of the Secretariat and bear ordinary expenses: Provided, That
unless otherwise decided by the General Meeting, the Secretariat shall
be established under the Korea Legislation Research Institute.
(3) The Executive Director of the Secretariat shall be appointed by the
representative of the Partner that serves as the Secretariat and shall
exercise the overall control of the affairs thereof.
Article 12 (Sectional or Regional Conferences)
There may be established sectional conferences according to regions, fields
of laws and outstanding issues if deemed necessary to facilitate the activities
of the ALIN as well as to achieve the purposes thereof. Matters concerning
the establishment of sectional conferences shall be decided by the General
Meeting.
Article 13 (Funds)
(1) Unless otherwise decided by the General Meeting, funds for the activities
of the ALIN shall be financed by the Korea Legislation Research Institute
or may otherwise be sponsored.
(2) If the funds provided in paragraph (1) become incapable of being created
due to circumstances of the Korea Legislation Research Institute, each
Partner may contribute to the funds by a decision of the General Meeting.
In this case, the decision shall be taken unanimously by the General Meeting.
(3) The accounts on revenue and expenditure of the funds sponsored under
paragraph (1) and those financed under paragraph (2) shall be reported
to and approved by the General Meeting.
Article 14 (Disputes concerning Interpretation)
Any question or dispute concerning the interpretation of any provision
of this Charter shall be settled by the General Meeting.
Article 15 (Entry into Force)
This Charter shall enter into force upon adoption by the Inaugural General
Meeting of the Asia Legal Information Network held on October 13, 2005
and signature by the representatives of the Partners. |
