History and Institutional Presentation


1.  Europe  and  the  whole  world  has  only  recently  emerged  from  the madness of Nazism and Fascism, causes of death and destruction. From 30th September  to  3rd  October  1950,  the  Italian  Association  of  Civil  Procedure scholars  held, in Florence, the first international congress of civil procedure law: as Enrico Redenti said, with detached restraint “in this way we reassert to the world our desire  to  live and to rise again, and 'the need for us, before all else, to establish wider ties with all the scholars of our discipline. The practical application is essentially technical. But even technicality benefits from different and apparently distant types of experience, and from studies made in very different settings.”

Study, seen as a mission, as human collaboration – said Piero Calamandrei passionately in his closing speech – brings great comfort, and we have seen proof of this at this congress: this continuity, this link which continues unremarked amongst men, even at times when arms set up barriers between them. Even when war seems to divide peoples in the most inhuman way, above the fray books go on unremarked  with  their communication at a distance; this fraternity, this solidarity holds fast in spite of everything, in the regions of the spirit.

And  it  was  as  a  token  of  that  spirit,  that,  after  the  last  of  the  free congresses, (Vienna 1928), there met together the Italian scholars and others of various  provenance, from Rene Morel to Hans Schima, from Adolf Schönke, Rudolf Pohle, Ernest Heinitz, and Thedor Süss, to Jaime Guasp, Victor Fairén- Guillen, Niceto Alcalà Zamora and Oscar de Cunha.

One  question  weighed  heavily  on  everyone:  how  could  we  speak  of procedure  and  its  purpose,  of  abstract,  theoretical  constructs,  when  the judgement had been used all over the world to give an official form of legality to murder? Ya-t-il une justice politique? asks Meaunier.

In  the  courts  where  we  used  to  respect  serene  and  impartial  judges,  murderers  and plunderers in the guise of judges sat on these seats and gave to their misdeeds Calamandrei goes on – the rules and seal of judgements; special courts, extraordinary courts, military courts, party courts, where under the usurper's robes was visible the black garb of the hired assassin who did not judge but stabbed; and then there were the persecutory laws aimed at the extermination of a whole people, and then the judgement made into a tame instrument of these laws of extermination; and then,  when it seemed that the hour of justice had come, a new and inevitable outburst of reprisals and vendetta.

The optimism of will prevailed, however, over the pessimism of reason, and  in   order  to  reassert  the  universal  values  of  procedural  culture,  the foundation was laid of what was then called the international Institute of civil procedural  law,  and  an  organising  committee  appointed,  in  the  persons  of professors  Enrico  Redenti   (Italy),  Hans  Schima  (Austria),  Adolf  Schönke (Germany), Victor Fairén-Guillen (Spain), Robert Wyness Millar (USA and the Anglo-Saxon countries in general),  Niceto Alcalà Zamora (Mexico), Oscar de Cunha (Brazil) e Eduardo Couture (Uruguay and the Spanish speaking countries of  South  America  in  general).  Prof.  Tito  Carnacini  was  secretary  and  the headquarters were established in Bologna, in recognition of its status as oldest university in the world.

2. The organising committee's work was hindered by communications and postal delays: letters from that time often contain complaints about missing or late answers (although this can still happen today, in the era of e-mail!).

But the work went ahead : first there was a meeting in April 1951, during the Weinheim Tagung, then a second internationa1 congress in Vienna (5th to8th October 1953), against the difficult background of the Allied occupation of the Austrian capital, with topics of great interest and wide scope, such as Le garanzie  costituzionali  del  processo  from  Eduardo  Couture,  L'esecuzione forzata   delle  sentenze  negli  USA  from  Arthur  Lenhoff,  La  competenza internazionale from Riccardo Monaco, and many others.

The committee that had been appointed in Florence was reconfirmed, and met in  Bologna on 19th December 1955, in the office of the President Prof. Redenti,  with  professors  Schima,  Pohle,  Fairén-Guillen,  and  Carnacini  the secretary, present. The minutes, which I still have, note the support of professors Henry Solus, Niceto Alcalà Zamora and Eduardo Couture.

A statute was drawn up and, among other things, it was established that the international Association of procedural law (note that they abandoned the term'Institute' and the limitation to civil procedure) should be free of any influence, that  members would be appointed by the council from among scholars of any branch of procedural law, including criminal, administrative and financial law, that the aim of the Association should be to foster procedural studies with an exchange  of  information  and  publications,  the  organisation  of  international conferences and the publication of an annual bulletin.

The maximum number of members was set at 300, with fixed quotas for each country of the world.

The official languages are French, English, German, Italian and Spanish. The next conference was to be in Munich in April 1957, and topics andspeakers were decided.

But for various reasons it did not take place, and several years passed before  the third international congress, again at the insistence of the Italian Association of civil procedure scholars, was held on 12–15 April 1962. It took place in Venice, on  the  beautiful island of S. Giorgio, at the Cini Foundation whose president was Francesco Carnelutti.

3. The  congress  was  well-attended  and  papers  were  given  by  renowned scholars from all over the world. It is impossible to list them all. I mention only, Charles Van Reepinghen and Ernest Krings on La jurisdiction gracieuse en droit belge, and the general papers from Niceto A1calà Zamora on Eficacia de las providencias de jurisdicción voluntaria and Giorgio Balladore Pallieri on L 'ammissibilità dei mezzi di prova nel diritto internazionale privato. For the Soviet Union Marc Gurvitch made a report.

For  my  own  part,  this  was  my  first  encounter  with  the  international Association, as I edited the congress proceedings for publication.

The fourth congress took place in Athens in 1967, and the fifth in Ciudad de Mexico (12–18 March 1972, organised and directed by Prof. Niceto Alcala Zamora y Castillo). On this occasion new appointments were made to the board, with Niceto A1calà Zamora as president and Prof. Vittorio Denti as secretary general. The headquarters were still in Bologna and the statute was definitively approved by the first forty five ordinary members.

As well as the two already mentioned, the board of directors consisted of Professors  Baur,  Carnacini,  Devis  Echandia,  Fairén-Guillén,  Fasching,  FixZamudio, Jolowicz, Perrot and Stalev. Again, they spoke of an international Institute of procedural law.

The various ideas and initiatives only took concrete shape when Marcel Storme organised the Ghent congress in 1977, “Towards a Justice with a human face”, the sixth  congress held since 1950, but the first in terms of worldwide participation with representatives from every continent, including for the first time, Asia, Australia and Africa.

This globalisation of the international Association was consolidated by the Würzburg  congress  in  1983  on  “Effectiveness  of  Judicial  Protection  and Constitutional Order”, which Prof. Walter Habscheid organised so remarkably well.  At   Würzburg,  the  members'  meeting  decided  to  abandon  the  name “Institute”, and appointed Mauro Cappelletti president, Marcel Storme executive secretary  general and Walter Habscheid and Vittorio Denti secretaries general. There were now some one hundred and twenty members; the headquarters were transferred to Ghent.

These  board  members,  and  especially  Mauro  Cappelletti  and  Marcel Storme, worked with a renewed energy, and at last the “Procedural Reporter” was  published, which came out in alternate years, and which was to be an extremely valuable link and means of information.

In 1985 a successful new initiative was launched, a series of single-theme colloquiums,  starting  with  Ulla  Jacobsson  in  Lund  on  “Trends  in  the Enforcement of Non-money Judgments and Orders”.

In 1987  Prof.  Wedekind  organised  the  eighth  Congress in  Utrecht,  on “Justice  and  efficiency”;  in  1988,  on  the  occasion  of  the  nine-hundredth anniversary of Bologna University, there was an extraordinary congress on “The judicial  Protection of Human Rights at the National and Intemational level” organised by myself; in 1991 the ninth World Congress took place in Coimbra- Lisbon organised by Prof. Pessoa Vaz on “Role and organization of Judges and Lawyers  in  Contemporary   Societies”;  in  1992  the  Japanese  Association, together with ourselves, organised the big Tokyo congress; in 1993 Mieczyslaw Sawczuk organised a colloquium in Lublin on “Unity of Civil Procedural Law and its National Divergencies”; the tenth World Congress, in 1995, was held in Taormina on “Trans-national Aspects of Procedural Law”, organised with great enthusiasm by Italo Andolina; then there was the most enjoyable colloquium at Salonika, in 1997 on “The Role of the Supreme Courts at  the National and Intemational level”, the work of Prof. Pelaya Yessiou-Faltsi; in 1998, thanks to Dean Sherman and Prof. Yannopoulos, the Association held its first meeting in the USA, in New Orleans with a colloquium on “Abuse of Procedural Rights”; the eleventh World Congress in Vienna in 1999, had as its theme “Procedural Law on the Threshold of a New Millennium” impeccably organised by Walter Rechberger. Then there was Ghent in 2000, Brussels in 2001, and the twelfth World Congress in  September 2003 in Mexico City, excellently organised by Prof. Cipriano Gomez Lara on “Civil Procedure and Legal Culture”.

At Taormina, the members appointed Marcel Storme president, and three vicepresidents  to  cover  different  geographical  areas  –  José  Carlo  Barbosa Moreira, Yashuei Taniguchi, Bryant Garth – and three secretaries general – Keith Uff, Peter Gottwald and myself.

Membership now stood at 310 ordinary and 9 extraordinary members, with a notable increase in North America, South America, Japan, China, Australia, New Zealand and Africa. The headquarters moved back to Bologna.

In September 2003 during the XII World Congress in Mexico City, the members' meeting appointed to the board of directors professors Italo Andolina (Italy);  Elio  Fazzalari  (Italy);  Héctor  Fix  Zamudio  (Mexico);  Peter  Gilles (Germany); Stephen  Goldstein  (Israel);  Wouter  De  Vos  (South  Africa); Cipriano Gomez Lata (Mexico); Loïe Cadiet (France); Konstantinos Kerameus (Greece); Per Henrick  Lindblom  (Sweden); Augusto Mario Morello (Argentina);  Ada Pellegrini  Grinover  (Brazil);  Francisco  Rambs  Mendez (Spain);  Walter  Rechberger  (Austria);  Gerhard  Walter  (Switzerland);  Garry Watson   (Canada);   Pelaya  Yessiou-Faltsi  (Greece);  Neil  Andrews  (England); Giuseppe Tarzia (Italy).

Prof. Marcel Storme was reconfirmed as president, professors Federico Carpi, Peter Gottwald and Keith Uff as secretaries general, and professors JoséBarbosa Moreira, Jashuei Taniguchi and Oscar Chase as vice-presidents.

Membership had grown to 350 scholars from all over the world.

There continued to be a great number of very interesting events, including a   number  of  colloquiums:  in  2004,  Paris-Dijon  on  “Alternative  Dispute Resolution”  organised  by  Prof.  Loïc  Cadiet;  in  2005,  Vienna-Budapest  on “European  Civil  Procedural  Law.  Review  and  Future  Prospects  After  the Enlargement  of  the  EU”,  organised  by  Professors  Walter  Rechberger  and Miklós Kengyel; in September 2006, Kyoto on “The Reception and Trasmission of Civil  Procedural Law in the global Society” organised by Prof. Masahisa Deguchi; in April 2007, Vilnius on “The Recent Tendencies of Development in Civil Procedure  Law  Between East and West”, organized by Prof. Vytautas Nekrošius.

Most of the papers given have been published.

In September 2007 the excellent XIII World Congress took place in Salvador de Bahia on “New trend s in Procedural Law”, so admirably organised by  professors  Ada  Pellegrini  Grinover  and  Petronio  Calmon.  The  scientific discussions,  on  various  subjects,  were  of  particular  interest,  thanks  to  the publication and distribution of a large volume containing all the papers.

At the opening of the Congress, there was particular mention of Prof. Mauro  Cappelletti,  for  many  years  president  of  the  Association,  in  whose memory the Association, in the persons of Marcel Storme and Federico Carpi, had published a book, which was presented at the Vienna colloquium in 2005.

At the Salvador de Bahia congress, the members' meeting feted professor Marcel Storme, and when he announced that he would step down as president, the meeting appointed him Honorary President.

Appointments were also made to the governing bodies; Presidium Federico Carpi (President); Ada Pellegrini Grinover (Vice-President); Oscar Chase (Vice- President);   Masahisa   Deguchi   (Vice-President); Peter   Gottwald   (Secretary- General); Michele Taruffo (Secretary-General); Loïc Cadiet (Executive Secretary- General). Council Neil Andrews (United Kingdom); Stephen Goldstein (Israel); Walter   Rechberger  (Austria);  Miklós  Kengyel  (Hungary);  Gary  Watson (Canada); Manuel Ortells Ramos  (Spain);Sakari  Laukkanen  (Finland); Dimitri  Maleshin  (Russia);  Eduardo  Oteiza  (Argentina);  Piet  Taelman (Belgium);  Janet  Walker  (Canada);  José  Roberto  Dos  Santos  Bedaque (Brazil); Rolf Stürner (Germany); Burkhard Hess (Germany); Edoardo Ricci (Italy); Frédérique Ferrand (France); Vytautas Nekrošius (Lithuania); Moon- hyuk Ho (Korea); Alan Uzelac (Croatia).

Our  programme  of  events  inc1udes:  6–8  November  2008,  in Valencia (Spain), there have been a colloquium on “Oral and written proceeding: efficiency in procedure”, organised by Prof. Manuel Ortells Ramos; 3–5 June 2009, in Toronto (Canada), there have been a colloquium on “Neither Common nor Civil: Procedural Reform and the Need for New Categories”, organised by Prof. Janet Walker,  together with vice-president Oscar Chase; then a colloquium in september 2010 in Pecs (Hungary), organized by prof. Miklós  Kengyel, where Peter Gottwald began president of the Association.

Between July 25 and July 30 2011 in Heidelberg it was held the XIV World Congress on “Procedural Justice in a Globalised World”, during which many papers were presented. Prof. Burkhard Hess was in charge of the organisation. 

During the above mentioned Congress the General Assembly of the members took place and a number of amendments  of the statute were approved in that circumstance. The Assembly renewed the social offices. The Presidium is formed as follows: Loïc Cadiet (president), Oscar Chase (vice-president for North America), Mashaisa Deguchi (vice-president for East Asia), Eduardo Oteiza (vice-president for South America), Michele Taruffo (vice-president for Europe), Manuel Ortells Ramos (executive secretary general), Neil Andrews (secretary general), Burkhard Hess (secretary general).

The members of the Council are the following: Teresa Armenta Deu (Spain); Teresa Arruda Alvim Wambier (Brazil): Paolo Biavati (Italy); Remo Caponi (Italy); José Roberto Dos Santos Bedaque (Brazil); Laura Ervo (Sweden); Frédérique Ferrand (France); Fernando Gascon Inchausti (Spain); Moon-hyuck Ho (Korea); Miklós  Kengyel (Hungary); Angela Ester Ledesma (Argentina); Dmitry Maleshin (Russia); Richard L. Marcus (U.S.A.); Vytautas Nekrošius (Lithuania); Walter H. Rechberger (Austria); C.H. (Remco) Van Rhee (Holland); Michael Stürner (Germany); Rolf Stürner (Germany); Piet Taelman (Belgium); Alan Uzelac (Croatia); Garry D. Watson (Canada).

Finally, two Honorary Presidents, Peter Gottwald and myself, were appointed.

During the same Congress a very important event took place: the first issue of the International Journal of Procedural Law, sponsored by the Association, was presented. The review is edited in the five official languages of the Association: English, French, Spanish, Italian and German). Is now available the second issue. It is a very important initiative for the scientific development of procedural law, made possible by the impulse of Loïc Cadiet and an International Selection Committee. This initiative needs the help and support of all members and scholar through the annual subscription (for further information see the web site www.intersentia.com).

While I am updating this few pages (March 2012), two important events are organised: between June 6 and June 9 2012 a Colloquium in Buenos Aires, in partnership with the Iberoamerican Institute of Procedural Law, with the direction of Eduardo Oteiza, on the topic “Collective Proceedings/Class Actions” and between September 18 and September 21 2012 a Colloquium in Moscow on the topic “Civil Procedure in Cross-cultural Dialogue: Eurasia Context”, with the direction of Dmitry Maleshin.

Other initiatives are in progress of organisation, even if details are not outlined yet: Seoul (Corea) in 2014 and for the XV World Congress in 2015 Istanbul is a concrete option.

To look up all the news and dates of the oncoming events and in order to promote closer relations amongst members and friends, a new website has been set up: www.iaplaw.org 

So it is with satisfaction that we look to a future rich in commitment to an ever greater mutual knowledge, in the interests of a proficuous scientific and human exchange.

Federico Carpi
Honorary President of the International Association of Procedural Law

 

img article