ALIN Charter
PREAMBLE
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 "ALIN") to be composed of governmental agencies, legal system-related research institutions, jurisprudence-related educational institutions and other legal information-related institutions (hereinafter referred to as the "Members") which take charge of the business of collecting, managing and researching laws, judicial precedents and any other legal information relevant to the Asian region (hereinafter referred to as the "legal information") and which consent to the purposes of ALIN and voluntarily participate therein.
- Article 2 (Purposes)
The purposes of ALIN is to exchange materials and research results concerning legal information held by the Members 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 Members by sharing such information and results among all of them in on-line or off-line areas.
- Article 3 (Functions)
ALIN shall perform the following functions:
- Establishing a network to enable human and material exchange among the Members;
- Building and operating any on-line system for the exchange of legal information and research-related materials;
- Promoting joint research on legal systems and holding relevant academic conferences;
- Providing support for the reorganization and improvement of legal systems as well as for legal system-related education; and
- Other projects which serves to achieve the purposes of ALIN.
- Article 4 (Operation of On-Line System)
- There shall be established and operated an ALIN Homepage (www.e-alin.org) to facilitate the conduct of projects of ALIN as well as to build the on-line system referred to in subparagraph 2 of Article 3.
- The Homepage referred to in paragraph (1) shall perform the following functions:
- Publicizing ALIN and its activities;
- Announcing and exchanging the results of performance by ALIN and other relevant materials;
- Introducing individual Members and building sub-homepages for the sharing and exchange of legal system-related materials;
- Holding meetings and forums on the Internet; and
- Other functions necessary to facilitate the conduct of projects of ALIN.
- 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)
- ALIN may, if necessary to achieve its purposes, hold academic conferences with the participation of the Members.
- ALIN may, if necessary to achieve its purposes, publish academic journals with the involvement of the Members.
- ALIN may periodically publish news letters to facilitate the conduct of its projects and promote mutual understanding among the Members.
- Article 6 (Structure)
ALIN shall be composed of the Secretariat, Members, Observers, and Partners. With Members, Observers, Partners, and others as deem appropriate, the Secretariat holds ALIN General Meeting and International Conference.
- Article 7 (Functions of General Meeting)
The General Meeting shall perform the following functions:
- Formulating policies for the operation of ALIN;
- Approving proposals for major projects;
- Adopting and amending the Charter of ALIN;
- Adopting and amending rules or regulations for operating ALIN;
- Approving the accession to ALIN and confirming the withdrawal therefrom;
- Deciding the place of the next General Meeting and the presiding Member thereof;
- Other functions which may be necessary to achieve the purposes of ALIN.
- Article 8 (Composition and Operation of General Meeting)
- The General Meeting shall consist of the representatives of the Members and be the supreme decision-making organ of ALIN.
- The General Meeting shall, in principle, be held once a year, and the place and the presiding Member shall be decided on at the preceding General Meeting.
- The Chairperson of the General Meeting shall be elected from among the representatives of the Members 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.
- A majority of the representatives of the Members 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 Members.
- The Member 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)
- The agencies or institutions which consent to the purposes of ALIN and which attend the Inaugural General Meeting and sign this Charter shall be Members automatically.
- Any agency or institution which intends to be a Member of ALIN shall submit a prescribed application for admission to the Secretariat.
- Any agency or institution which submits a prescribed application for accession under paragraph (2) shall become a Member 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 ALIN as an observer.
- An observer referred to in paragraph (3) may enjoy the same treatment as a Member but shall neither present its opinions nor cast a vote at the General Meeting.
- Any Member may voluntarily withdraw from 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 Members)
- The Members shall enjoy their rights on equal terms and discharge their obligations in good faith, so as to achieve the purposes of ALIN.
- The Members shall conduct mutual exchanges and cooperation according to the principle of faithfulness and sincerity to achieve the purports and purposes of setting up ALIN.
- The Members 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 ALIN projects.
- Article 11 (Secretariat)
- The Secretariat shall perform duties falling under the following subparagraphs:
- Holding the General Meeting;
- Performing general affairs of ALIN such as personnel affairs, accounts, and the management of documents;
- Holding academic conferences of ALIN and publishing academic journals and news letters thereof;
- Maintaining and managing the on-line system referred to in subparagraph 2 of Article 3; and
- Dealing with other affairs delegated by the General Meeting.
- The Member 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.
- The Secretariat shall have power to deliver functions of ALIN as described in this Charter by appropriate rules.
- The Secretariat shall perform duties falling under the following subparagraphs:
- 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 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)
- Unless otherwise decided by the General Meeting, funds for the activities of ALIN shall be financed by the Korea Legislation Research Institute or may otherwise be sponsored.
- If the funds provided in paragraph (1) become incapable of being created due to circumstances of the Korea Legislation Research Institute, each Member 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.
- 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 Members.