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Constitution of the International Legal Partnership (ILP)
Preamble
The International Legal Partnership ("ILP") is a student-directed, non-profit, non-partisan, organization at Osgoode Hall Law School. ILP's mission is to provide public interest legal research and assistance for the Global South. With the guidance of faculty, alumni and the legal community, ILP strives to create opportunities for students to obtain a practical global legal education in a manner that is mutually beneficial for students and partner organizations dealing with legal issues relevant to the Global South.
Recognizing vast economic disparities and legal and policy development inequities in the world, ILP is committed to improving the legal research capacity of partner organizations in the Global South.
Recognizing inadequate information-sharing and knowledge exchange in legal, policy and commercial communities, ILP is dedicated to improving mutual information exchange and enhancing knowledge systems of partner organizations in the Global South.
Recognizing the inadequate appreciation and understanding of the capacities and knowledge in the Global South, ILP is devoting to learning and mutual exchange between the Canadian international law community and the Global South.
Recognizing the need for understanding and communication, ILP will work in cooperation with partner organizations in the Global South according to the mission and objectives of both the partner organization and ILP.
Recognizing the under-utilized value of international law legal expertise in Canada, ILP is faithful to expanding networks and creating legal partnerships between Canada, international organizations, and governments and partner organizations in the Global South.
Recognizing inadequate leadership, learning and contribution for international law students, ILP is eager to create significant and innovative international learning opportunities for law students.
Recognizing the value and contribution of Osgoode Hall international law students and alumni, ILP is dedicated to carrying the torch of global policy and legal knowledge exchange in Canada and around the world.
ILP's specific goals include:
- Establishing educational legal research programs and partnerships, fellowship opportunities and knowledge exchange to promote the advance of legal research and policy development of partner organizations in the Global South
- Stimulating law student interest and professional development in public interest issues in international law, and exposing them to international practice contexts through learning and leadership opportunities with Canadian and international legal leaders.
- Encouraging and stimulating the exchange of views, ideas and information concerning international legal research and policy development, particularly in the Global South.
Article 1 - Name of the Organization
The name of the organization is the International Legal Partnership ("ILP").
Article 2 - Nature
ILP is a student-directed, non-profit, non-partisan, organization at Osgoode Hall Law School. ILP is a student club under the Legal and Literary Society. ILP operates with the guidance of faculty, alumni and the legal community in order to create opportunities for students to obtain a practical global legal education in a manner that is mutually beneficial for students and partner organizations operating in the Global South.
Article 3 - Objectives
ILP exists to create educational opportunities for law students to provide public interest legal research and assistance for the Global South. Its specific objectives include:
- To establish summer fellowship opportunities and year-round research opportunities with partners in the Global South that are mutually beneficial to Osgoode students and partner organizations.
- To create learning opportunities for students to become meaningfully engaged in obtaining a global legal education.
- To raise awareness within the greater Osgoode community about issues of global policy, governance and legal capacity in the Global South, particularly with respect to the work done by the organization.
Article 4 - Student Membership
ILP is open to all students of Osgoode Hall Law School regardless of gender, race, nationality, citizenship, sexual orientation, physical or mental disabilities, religion, age or any other discriminating factor.
Article 5 - Faculty Directors and Faculty Advisors
- Faculty Directors
Where faculty members are willing to take on the role of Faculty Director, ILP will be advised by anywhere between 1-3 Faculty Director(s).
- Faculty Director(s) shall be chosen by the Student Executive and will be subject to approval by the Board of Directors when a vacancy becomes available.
- The role of the Faculty Director(s) is to provide general advice and supervision to the Board of Directors and the Student Executive on the policies, strategic planning, collaborative research programs, and project development and implementation.
- Each Faculty Director shall have one vote on the ILP Board of Directors.
- The Faculty Director(s) will mediate disputes within the organization concerning substantive, funding, or strategic matters.
- Faculty Advisors
The ILP Executive may appoint faculty on an ad hoc basis to assist with planning or teaching summer workshops and to supervise discrete research projects. These Faculty Advisors may be responsible for primary supervision decisions on discrete research projects.
Article 6 - Patrons and Council of Advisors
ILP's Council of Advisors ("COA") is comprised of diverse, leading Canadian and international law experts in international trade, tax, business law, health regulation, intellectual property, and other areas of international and comparative law. Membership on the COA is by invitation only, and is reviewed annually.
In addition, Patrons on the COA may be called upon for strategic advice. Patrons are committed to the general mission of ILP, and they occupy a general advisory role on the COA.
- The COA member agrees to lend his or her principled support to ILP, and he or she occupies a general advisory role in relation to ILP.
- The COA of ILP shall consist of no more than 25 members who shall assume responsibilities on an ad hoc basis by invitation of one or all of the members of the Board of Directors ("BOD") or the Student Executive as a whole. The COA will be reviewed and approved annually by the ILP BOD. The BOD may formally invite additional COA members, provided that the COA does not exceed 25 members in total.
- The role of the COA as a whole is to foster ILP's networks, partnerships, communications, and status on an ad hoc advisory basis. This includes, but is not limited to, providing advice on potential projects, project partners, donors, strategic development and policy development. However, COA members are not expected to be involved in the active, day-to-day operations of ILP.
- COA may make suggestions to the BOD for ILP strategic development, networks, partnerships, donor relations, and project development.
- The COA, BOD and Student Executive may create whatever sub-committees it deems necessary for the strategic, efficient or productive functioning of ILP.
- The decision-making process of ad hoc committees shall be by consensus, except where the decision relates to a specific constitutional matter that specifies a voting formula.
Article 7 - Partnerships
A constitutive aspect of ILP is to establish international networks and partnerships.
Our partners include non-partisan, non-governmental organizations, international organizations, governmental organizations and Canadian-based law firms. Partnerships are established by invitation only. Partners are selected on the basis of aligned overall or project interests, and they may be extinguished at any time by a decision of the Board of Directors, particularly if the partner's objectives or status changes.
- Partnerships may be established to advance ILP's mission, foster donor relations, create, enhance or sustain projects in the Global South, or further ILP's strategic planning objectives.
- Partnerships are formally established through a Memorandum of Understanding (MOU) with ILP. Formal partnerships extend for the duration of the MOU.
- Partnerships may also be established informally with organizations with aligned interests to ILP. Informal partnerships are sustained indefinitely unless circumstances arise to change the nature of the relationship with ILP.
- The BOD and the Student Executive will work to sustain and advance partnerships on a regular basis.
- The reference to "partnerships" under this Article in no way refers to legal partnerships or profit-making ventures. Rather, it refers to ILP's cooperative nature.
Article 8 - Nature of the Student Executive
- The executive of ILP shall consist of between 12-16 members who shall jointly share all the duties and responsibilities entailed in running the organization, subject to the specific requirement of each position set out in Article 9.
In every year, there shall be:
- one Student Executive Director,
- one Deputy Director,
- one Research Director,
- Projects Directors,
- one Finance Director,
- one Communications Director,
- Fundraising Directors, and
- one Events Director.
- In every year, at least two positions on the Executive shall be reserved for first year students, who shall be chosen in the fall semester by application. These members shall also act as First Year Representatives according to the duties set out in Article 10.
- The decision-making process of the Executive shall be by consensus where possible, or by majority at 50% + 1.
- Prior to the commencement of the school year, the Executive Committee shall meet and articulate its goals for the upcoming year. At this time the Executive shall decide how to divide additional responsibilities, subject to the specific requirements of each position set out in Article 9.
- The Executive shall hold regular biweekly meetings to discuss the business of the organization.
- In the event that additional individuals are needed as members of the Executive Committee to ensure the effective functioning of the club, they may be selected in a manner deemed appropriate by the Executive.
- The term of the Student Executive shall be from June 1-May 31st; however, Project Directors shall serve until August 31st in managing the summer projects.
Article 9 - General Duties and Responsibilities of the Student Executive
Article 9(1)
- The Student Executive as a whole, under the direction of the Student Executive Director, is responsible for ensuring that the objectives and the mandate of the organization are being met.
- The Executive may create whatever sub-committees or ad hoc positions it deems necessary for the effective functioning of the organization.
Article 9(2)
In addition to the above, each member of the Executive has the following general duties. Specific duties are outlined in the Student Executive Handbook:
- The Student Executive Director shall
- Supervise the work of the Executive and delegate tasks appropriately.
- Act as the primary external contact for the organization and liaise with all relevant parties within and outside of Osgoode.
- Manage policy development and strategic planning for the organization
- Chair all Executive and Board meetings
- In conjunction with the Deputy Director, manage ILP’s email communications.
- The Deputy Director shall
- Work with the Student Executive Director to coordinate the work of the organization.
- The Deputy Director shall be specifically responsible for managing the project cycle, coordinating internal processes, convening internal general meetings and taking minutes at those meetings.
- Function as the primary internal contact for ILP within the Executive Committee.
- In conjunction with Student Executive Director, manage ILP’s email communications.
- The Research Director shall
- Develop and maintain opportunities for students to conduct ongoing legal research projects in conjunction with partner organizations.
- Work with the Public Relations and Events Directors to promote the research of the organization.
- The Project Director(s) shall
- Create projects with new and/or existing partner organizations.
- Draft project proposals
- Play an active role in the recruitment process.
- Act as the primary contact for summer fellows and oversee the summer fellowships during the placement period unless other arrangements have been made.
- Identify potential project-specific funding and collaborate with the Fundraising Directors.
- The Finance Director shall
- Manage and report on ILP’s overall financial affairs
- Provide financial and accounting support for the organization and will be specifically responsible for budgeting, financial reporting, managing and reimbursing expenses, and the development of financial policies. Detailed financial reports shall be provided to the Board no less than twice per year.
- The Communications Director shall promote ILP and ensure consistent messaging of all external communications. In particular, the Communications Director will be responsible for maintaining the website, issuing press releases, newsletters and articles in relevant news sources.
- The Fundraising Director(s) shall
- Execute a fundraising strategy that will enable ILP to obtain sustainable funding from appropriate sources.
- Be responsible for maintaining donor relations.
- Create new and update existing fundraising promotional material.
- To work with Project Directors to obtain project-specific funding.
- The Events Director shall create and manage events in order to promote ILP. This includes but is not limited to fundraising, social and educational events.
Article 10 - First Year Representatives Duties
The Student Executive shall have at least two First Year Representatives.
- It shall be the duty of the First Year Representatives to keep their first-year peers informed of all ILP activities.
- First Year Representatives shall also make themselves available to the Student Executive to help generally with the organization of events, fundraising or projects.
Article 11 - Board of Directors
The Board of Directors refers collectively to the Faculty Director(s), External Advising Directors, Student Executive Director, Deputy Director and Research Director. They are ultimately responsible for ILP’s finances, policies, approval and implementation of ILP’s strategies, project approvals, research development and ensuring that ILP operates within its mandate and adheres to the Constitution.
- The overall function of the Board of Directors is to ensure the strategic, productive, efficient and ethical functioning of ILP and to oversee the Student Executive, Council of Advisors, donor relationships, and partnerships.
- Where the majority of the Student Executive is seriously dissatisfied with one or more of the members of the Board of Directors, a special meeting may be convened with the Student Executive and the Board of Directors together to attempt to resolve the issue. If, following this meeting, an acceptable resolution is not reached, the ultimate decision on how to deal with this issue rests with the Student Executive and such decision shall require 75% majority vote.
- The Student Executive Director shall serve the function of the Chair of the Board.
- Meetings will be held on request of the Chair and no less than four times per academic year.
- The Board of Directors shall review financial statements, no fewer than twice per year, to ensure the financial sustainability of the organization. The Board may request financial information more frequently at their discretion.
- The External Advising Director positions on the board shall be filled annually by former members of the Executive who have graduated from Osgoode Hall, to be recommended by the Student Executive.
- Subject to Article 5(4), Faculty Advisors may be appointed to the Board of Directors for a one-year renewable term, subject to the approval of the Student Executive and the Board of Directors.
- The total number of Faculty members on the Board of Directors at any given time shall not exceed three.
Article 12 - International Consultants
International Consultants (ICs) are professional "friends" of ILP with ties or residency in countries in the Global South. They play an important role in fostering project proposals,
creating relationships, facilitating Memoranda of Understanding, and advancing ILP's mission.
- ICs are appointed on an ad hoc basis by the External Advising Director(s) and the Student Executive Director with specific reference to a country, project or region.
- The role of ICs is to identify project proposals and country needs in their area of work, consistent with the mission and objectives of ILP.
- ICs serve to foster partnerships and trust relationships with government offices in the Global South and related project partners.
- ICs serve to establish projects in secure environments where it would be relatively safe and secure for law students to provide legal research assistance, or where the ILP research program could provide legal research assistance remotely.
- ICs are appointed for their leadership skills, enthusiasm for ILP's mission, integrity, and knowledge and ties to the Global South.
- The specific Terms of Reference for ICs are determined on a project basis once initial contact with the partner organization is established.
- ICs are not financially remunerated for their work, though they may be remunerated for direct expenses where possible, especially concerning long-distance phone calls and other communications.
- IC appointments are indefinite, or for the duration of the Terms of Reference.
- ICs may resign at any time, except during the course of a critical project development phase, unless he or she is invited by the Board of Directors to resign.
- ICs, as is the case for all ILP officers, may be removed for behaviour unbecoming to ILP's external reputation or unethical activities that violate ILP's Code of Ethics. The ethical conduct of ICs is of particular importance given that they act as ambassadors for ILP in foreign nations, and are appointed guardians of ILP's integrity and reputation.
Article 13 - Project Advisors
Project Advisors (PAs) are experts from the academic, practitioner or other relevant communities that provide their expertise and guidance for the creation, development, implementation and sustainability of specific global research and policy projects in the Global South.
- PAs may be appointed on an ad hoc basis or they may be selected from the Council of Advisors.
- PA appointments are for the duration of the project or as determined necessary.
- PAs may act principally or tangentially in projects, from providing discrete advice to supervising entire project proposals.
- The PAs role will be determined through a Terms of Reference where his or her mandate exceeds discrete advice on an issue.
Article 14 - ILP Alumni
The members-at-large are former Executive members without specific duties. They remain affiliated with ILP and volunteer their experience and assistance to the current Student Executive in order to ensure that ILP makes a smooth transition from year to year. To that end, members-at-large provide the current Student Executive with advice and assistance as necessary.
Article 15 - Appointment and Elections of the Student Executive
Selection of the incoming Executive Committee shall be completed by no later than March 31 of every year.
- Elections to the executive will be held for the positions identified in the Constitution, Article 9. Additional positions may be created and filled after the elections at the discretion of the Student Executive Director, pursuant to Article 8.
- Eligibility for positions shall be determined as follows
- Executive and Sub-Committee members are eligible to run for the Student Executive Director position.
- Executive and Sub-Committee members and past Fellows are eligible to run for the Deputy Director and Research Director positions.
- All other positions will be open to Executive and Sub-Committee members, past Fellows, and outgoing Fellows.
- Candidates for Student Executive Director, Deputy Director, and Research Director will be given the opportunity to make a five-minute presentation at the Executive Committee meeting prior to the election.
- The outgoing Student Executive Director, Deputy Director, and Research Director shall make themselves available to meet with all candidates prior to the final vote to explain the details of their positions.
- Election Process
- A Chief Electoral Officer shall be chosen by the Student Executive Directors from among the outgoing Executive. All outgoing members of the Executive Committee shall assist the Chief Electoral Officer in facilitating the election.
- Executive Elections shall occur in two stages. In the first stage, the positions of Student Executive Director, Deputy Director and Research Director shall be chosen. In the second stage, the remaining positions of the Executive Committee shall be chosen.
- For both stages of the process, the Chief Electoral Officer shall gather platforms of no more than 300 words from the candidates and shall distribute them to the voting list no later than five business days in advance of the voting along with a ballot with clear instructions.
- Voting shall be electronic and ballots shall be sent to the Chief Electoral Officer only, who shall keep the individual votes confidential.
- In the event that no candidates come forward for a position, a second call may be put out for candidates prior to the election. If there are still no candidates that have come forward, the Executive Position shall be appointed by the Executive Student Director.
- Candidates not elected in the first stage of the election are eligible to run in the second stage.
- Eligible voters include: members of the current Executive, Subcommittee members, summer student fellows from the previous year, summer student fellows from the upcoming year, and active participants in other ILP research initiatives.
- Where there are multiple identical positions open for Executive election:
- voters shall be permitted to cast one vote per open position.
- individuals with the largest numbers of votes shall be deemed elected to the position.
- Voting is mandatory for all eligible voters. Where an eligible voter does not submit a ballot, he/she will be sent a reminder by the Chief Electoral Officer. If that individual still does not submit a ballot, he/she will be noted as having abstained.
Article 16 - Amendments
- Any member of the Student Executive, Council of Advisors, or Board of Directors may propose an amendment to the constitution.
- The Constitution will be reviewed annually at a meeting of the Student Executive and Board of Directors.
- Any amendments to the constitution must be raised with two weeks' notice at the Board of Directors and approved by a 75% majority of the Board of Directors.
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