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APRIL 1978
principles.
The modern conception of law is no longer an idealist
philosophy which tends to dominate the concrete rapports
between men and nature. This conception is rather the
price by which personal responsibility influences the
mechanism of institutions; we are proud to belong to that
civilisation which had loudly affirmed the primacy of man
over the cold monsters called States.
The Council of
Europe
has accomplished very much in that the Member
States have decided to harmonize their laws for the better
protection of fundamental rights, and have voluntarily
accepted the decisions of the Court of Human Rights. As
regards the
European Community
of 9 Member States, to
which we fully belong, the effect of that legislation is
supra-national. As the Treaty is self-executing, we are
bound to regulate our law in accordance with Community
Law.
We can transpose our concepts and our models to an
enlarged Community either by accepting decisions
of supra-national Courts or by conducting suitable
Why an International
Legal Aid Association?
Why should a country with a well-established legal aid
And advice plan and with its own Bar Association or
Legal Aid Organization to run it ever need the help of an
International Legal Aid Association? Equally, why
•should a country .with no, or only limited, legal aid seek
the assistance of such an association?
During the 18 years that have passed since an
International Legal Aid Association (ILAA) was formed
the many enquiries and pleas for help received prove
beyond doubt that a very real need exists for such an
Association. The country with an adequate plan requires
Information on new developments in legal aid in other
countries, so as to ensure that its own plan is as good as
the available funds and resources of the legal profession
can make it; it must study the procedures and
Administrative methods used by other countries to see if
Its own can be improved; compare its budget with other
budgets to see if savings can be made; and it welcomes an
opportunity to discuss problems and share experiences.*
The ILAA can help it in all these ways, either by
providing the information itself or putting the enquirer in
touch with those who can supply it.
The country with no, or only a limited, plan also seeks
the help of the ILAA, sometimes officially through its
Government or perhaps unofficially through a Bar
Association or individual lawyers, to find out how legal
Aid can be introduced or expanded. The ILAA will
Prepare a plan designed for the particular needs of the
country, the funds available and the number of qualified
lAwyers able to work within the plan.
But it is not only countries, Bar Associations and Legal
Aid Organizations who need an International Legal Aid
Association. At any time a lawyer may be consulted by
An existing or new client who faces some problem abroad
in which a court action is involved or advice is needed
from a local lawyer. If the client docs not have sufficient
funds to pay for such foreign assistance, the lawyer needs
to know if legal aid would be available in the country
concerned, but whom should he ask? The ILAA
maintains a Directory of Legal Aid & Advice plans
throughout the world and can give details of plans in any
bilateral or multilateral contracts. The scicnce of law has
as its ultimate goal a common inheritance. Our countries
should find in the idea of Justice an instrument of social
. progress, provided that the Rights of Man are recognised
on an international basis. We willl only have served
mankind when we have saved man from injustice aftd
have preserved his dignity.
Monsieur Pevrefitte,
Minister for Justice, said that they,
lived in one of the rare countries of the world where every
citizen could circulate freely and express his opinions
freely as long as it was not to the detriment of others.
Whereas many countries do not apply fundamental rights
but try to defeat them, in France our imprescriptible
rights are constantly reinforced but often the citizen is
ignorant of his rights. In order to spread knowledge of our
freedom it is essential that you lawyers should remain free
men.
This is the summary of an address of Batonnier Pettiti (prepared and
translated by Colum Gavan DufTy) on the occasion of his
Inauguration in the Palais de Justice, Paris, on 28th January 1978.
country listed, and local addresses where further
information can be obtained. This Directory is available
on sale to Bar Associations, Legal Aid Organizations,
Law Libraries, Embassies and so on, thus information is
often available locally.
Individuals can and frequently do seek the
Association's help in finding out whether and under what
conditions they can obtain legal aid advice in a particular
qountry.
What Is the ILAA?
The Association was founded in 1960, with
headquarters in the United States and England, by the
International Bar Association, a Federation of some 80
national Bar Associations and Law Societies throughout
the world. The ILAA does not itself give direct legal aid,
but its objectives are to:—
PROVIDE a central body guiding and supervizing
legal work throughout the world
IMPROVE and expand legal aid work where it
already exists
ENCOURAGE its introduction where it does not
exist, and
CO-OPERATE with all organizations interested in
the administration of justice.
It organizes biennial meetings throughout the
world-the next is to be held in Sydney, Australia, on
September 14, 1978-to discuss legal aid problems, it
carries out research, collects and provides information on
all aspects of legal aid and advise and publishes
memoranda on specific legal aid topics, and the
International Legal Aid Directory with Supplements.
The ILAA is supported by its members, who are .
national and regional Bar Associations and Legal Aid
Organizations, and individuals interested in legal aid
work. In the past the ILAA has been fortunate to receive
financial support from three charitable foundations, but is
now solely dependent for funds on its membership. This
must increase if the Association is to be able to keep the
International Legal Aid Directory up to date and continue
with and expand its other work. Individuals may join as
either Sustaining Members (dues U.S. S25 annually) or as
Contributing Members (dues U.S. S10 annually) and
membership application forms are available from the
Secretary-General, Sir Thomas Lund, Byron House, 7-9
St. James's Street, London SWIA IEE.