The Gazette 1978

^AZUTTE

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.