Gustave Rolin-Jaequemyns
Gustave Rolin-Jaequemyns | |
---|---|
Rama V | |
Known for | Founder of the Institut de Droit International |
Gustave[4] Henri Ange Hippolyte Rolin-Jaequemyns (31 January 1835 – 9 January 1902) was a Belgian lawyer, diplomat and Minister of the Interior (1878–1884) as a member of the Unitarian Liberal Party. Together with the Swiss jurist Gustave Moynier, he founded the Institut de Droit International and became its first Honorary President.
Even though his personal convictions were deeply religious, he is considered
Rolin-Jaequemyns' reputation as an expert on international law was widely recognized. He played an important role in codifying the laws of war.
Childhood and Youth
Gustave Rolin-Jaequemyns was the eldest of 15[5] children in the marriage between Hippolyte Rolin and Angélique Hellebaut. His father had graduated with distinction from the
Rolin excelled in the Gymnasium of Ghent and his musical skills quickly became apparent. At age 16 he travelled to the
In 1859, he married Emilie Jaequemyns and henceforth used the name "Rolin-Jaequemyns". Her father, an
International Law
During one of the congresses of the Association Internationale pour le Progrès des Sciènces Sociales ("International Association for the Progress of Social Sciences"), which he himself founded[6], he met the Dutchman Tobias Asser and the Englishman John Westlake and the trio decided to establish the Revue de Droit International et de Législation Comparée ("Review of International Law and Comparative Legislation"), a periodical dedicated to comparative law studies, the first academic journal in history devoted to international law. The first issue, edited by Rolin-Jaequemyns and with contributions from many noted scholars, appeared in late 1868.
After the bloody
The institute, which exists today, was the first permanent body of legal experts on international law. Its members laid the foundation of significant parts of modern international law. In 1904, two years after Rolin-Jaequemyns died, the institute received the Nobel Peace Prize.
Political climate of Belgium (1848-1884)
Since the
In the case of Rolin-Jaequemyns, this was expressed in his chairmanship of the Van Crombrugghe Genootschap, a Flemish cultural society founded by teachers and students of the municipal school in Ghent to "praise major Van Crombrugghe, who had done so much good for the municipal schools of Ghent".[7]
From 1850 onward, the controversy between the Catholic Party and the liberals deepened. On the
On the liberal side, mostly in circles of
First blows were exchanged over a parochial letter written by Mgr. L. Delebecque, Bishop of
School Struggle
After the liberal victory in the elections of 1878, Rolin-Jaequemyns accepted the post of Minister for the Interior in the cabinet of the "papenvreter" ("catholic-muncher") Walthère Frère-Orban who unleashed the "School Struggle" (Schoolstrijd). This was a direct consequence of a law intended to break once and for all the influence of the Roman Catholic Church over the Belgian schooling system. However, the cabinet had greatly underestimated catholic resistance. Catholic schools sprang up everywhere and a battle, fought with a fanaticism that would reverberate through Belgian society for decades to come, raged for every teacher and every pupil. Belgium seemed to be on the brink of civil war.
The liberals lost. Their initiative had united the Catholics and the network of schools founded in this period rapidly overreached the municipal schools. The ecoles laïque emptied and the liberals suffered a major loss in 1884. Rolin-Jaequemyns, who had played a major role in this cabinet, was excommunicated with the rest of the cabinet-members, though this was later revoked due to the intervention of his brother Edouard. With this defeat, the political career of Rolin-Jaequemyns was over and he could focus once more on the Institut and the Revue.
Congo
From the mid-1870s Rolin-Jaequemyns, like many other members of the Institut de Droit International, occupied himself with the Belgian colonial aspirations in Congo. He applauded the founding of the Association Internationale Africain in 1876 by King Leopold II and especially its scientific and philanthropic goals, even though its main mission was strictly colonial. However, he did point out that colonisation by private enterprises would not give any guarantees for a fair treatment of the native population or an effective protection of the colonists.
The member of the institute saw the
Siam
Cairo
After his brother lost the family fortune with rash investments, Gustave needed to earn a living. Rather than accept a position with the Belgian government to which he was opposed, he chose to travel to Egypt with the expectation of being appointed Attorney-General. However, before the appointment could be finalized, the Khedive died. Meanwhile, he became a member of the high society and proved, to the joy of his hosts, a gifted musician. During a lunch hosted by the British ambassador in December 1891, he met Prince
Rolin-Jaequemyns' contract specified two functions. First he was to assist the Siamese government to modernize and codify the country's body of laws; and second, he was to serve as an advisor concerning foreign affairs. His position held no formal power. In his words, the position of General Advisor has "no means to enforce his advice except by persuasion. Of course he cannot pretend to persuade always nor all at once, and he has to get accustomed to a perfect practice of patience."[9]
Gustave Rolin-Jaequemyns arrived in Bangkok on 27 September 1892. Aside from periodic trips to Europe, he stayed until April 1901 when his health could no longer tolerate the climate.
Situation in Siam
Siam was being pressured by the colonial powers to open up and modernize the country for trade. In 1855 Chulalongkorn's father King Mongkut (Rama IV) agreed to a one-sided treaty with Britain. The Bowring Treaty (1) limited duties on imported goods to 3%; (2) eliminated all restrictions on British traders buying and selling goods; and (3) provided extraterritorial rights to subjects of the foreign powers such that if they broke any Thai law they would be tried in courts of their own country's legation. The first condition severely limited the government's ability to undertake major development projects. (By contrast the French colonial government in Saigon charged 10% duties.) The second condition eliminated the monopolies by which the Royal household and noble families financed themselves. The third condition enormously complicated administration of the country as many people claimed ties to colonies elsewhere as a means to escape justice or avoid corvee labour obligations. Having granted these privileges to one country, King Mongkut then signed similar treaties with all its other trading partners. Thus he preserved the peace among them and limited the influence of any one foreign power within his kingdom.
These arrangements satisfied most of the imperial nations' immediate requirements. The French, however, were particularly aggressive.
Reforms
King Chulalongkorn understood that his kingdom could survive only by modernizing its judicial, administrative and military capacity and thus offer the colonial powers sufficient incentives and deterrents to respect its sovereignty. Since 1860, a handful of foreign advisers had been recruited to fill senior positions to guide the modernization process. Following the Paknam Incident their numbers rose within four years to 58 British, 22 Germans, 22 Danes, 9 Belgians, 8 Italians and 20 others.[12] As "General Advisor" Rolin-Jaequemyns had the closest relationship to the king.
Rolin-Jaequemyns learned the Thai language and had large sections of the existing body of laws translated. In 1895, he wrote to the president of the International Association for Comparative Legal Studies that the material proved highly interesting and was an indispensable preparation for the reform. It would be wrong, he wrote, to simply to transplant western statutes. Instead one should strive to preserve the traits of the traditional law, (which in the case of Siam was based on the
With the help of expatriate advisers and the support of European-educated princes, the King managed to separate his personal fortune from the state treasury and create a bureaucracy to replace a government structure which had its roots in the 15th century. As General Advisor, Rolin-Jaequemyns had a role in most of these initiatives especially the foundation of Siam's first Law school. His statue now stands on the campus of the Law Faculty of Thammasat University in Bangkok.
Chao Phya Abhai Raja Rolin-Jaequemyns, his legacy
His achievements for Siam were formally recognized by King Chulalongkorn (Rama V) when he elevated Gustave Rolin-Jaequemyns to the rank of
Both in Belgium as in Thailand, he is seen as a great man. The Thai honour him as the man who prevented Thailand from becoming a colony, the Belgians voted him to place 373 of the list of "Greatest Belgians Ever"[13] and (in academic circles) see him as one of the giants of the legal profession.[14] But his biggest achievement is his role in the founding of the Institut de Droit International. Its members and Rolin-Jaequemyns used their reputation, their knowledge and their practical experience to lay the foundation of modern international law and the International Court of Justice in which disputes amongst nations are now settled peacefully.[15]
"The competence and gesture of this person, who was so important to the government of Siam, will be imprinted in our memory forever"
— King Chulalongkorn (Rama V).[16]
Published work
The work published by Gustave Rolin-Jaequemyns mainly consists of political and legal essays about issues of relevance for the politics of Belgium and topics related to international law, as well as travel accounts and diary-like records about his time in Thailand. Some of these publications are:
- Des partis et de leur situation actuelle en Belgique. Brussels 1864
- De la réforme électorale. Brussels 1865
- Note sur la théorie du droit d'intervention. In: Revue de Droit Internationale et de Législation Comparée. 8/1876, S. 673-682
- L'Arménie, les Arméniens et les traités. In: Revue de Droit Internationale et de Législation Comparée. 19/1887, S. 284-325 und 21/1889, S. 291-353; Reprint in English by John Heywood: Armenia, the Armenians and the Treaties. London 1891
- Mémoire sur quelques questions se rapportant aux relations entre le Siam et la France sous les traités existents. Co-operative Printing Society Limited, London 1896
See also
- Edward Henry Strobel — The first American Adviser in Foreign Affairs to King Chulalongkorn, Rolin-Jaequemyns successor
Notes
- ^ Both the Dutch form "Gustaaf" and French spelled "Gustave" are widely used, sometimes appearing in a same document. "Gustave" seems to be the official spelling, e.g. according to the letter of mourning that unlike most French language sources spelled "Chow Phya"; few English sources nevertheless also show this spelling of his title. "Ars Moriendi" (in French). Retrieved 31 May 2007.
- ^ Prof. Dr. Jacques H. Herbots merely states 17 children, while the GeneaNet site names 15 with years of birth and death.[4]
- ^ Nationalism, universalism, empire: International Law in 1871 and 1919, Martti Koskenniemi.[5]
- ^ Literair Gent ("Literary Ghent")[6]
- ^ Introduction by Baron Edouard Rolin-Jaequemyns to Walter J.Tipps 1996 page xii
- ^ Tipps 1996 page 9
- ^ Gustave Rolin-Jaequemyns in a letter to Westlake dated 28 November 1892 quoted by Tipps 1996 page 22
- ^ Chris Baker and Pasuk Phongpaichit "A History of Thailand" 2005 page 68
- ^ Final result of the nomination-phase of the "Greatest Belgian Ever".[9]
- ^ For instance in the speech of Prof. Dr. Herbots below.
- ^ Martti Koskenniemi. Journal of International Law and Politics.[10]
- ^ Insii Thai House[11]
References
- ISBN 978-1-009-09801-4.
- ^ Meyers, Dean (1994). "Siam under siege (1893-1902) : modern Thailand's decisive decade, from the Paknam incident to the first flowering of the Chakri reformation" (free). Journal of the Siam Society. JSS Vol. 82.0 (digital). Siam Heritage Trust. Retrieved 17 March 2013.
On 13 July 1893, just one day short of the annual French commemoration of Bastille Day, the commander of a small flotilla of French warships ignored Siam's urgent entreaties and his own government's prior promises-to force the passage of the Menam Chao Phraya at its mouth, off Paknam, and proceeded up the river, under fire, to Bangkok. Thus began what was without question one of the most critical and dangerous decades in Siam's more-than-seven-hundred-year-long struggle to maintain her national integrity.
- muangcame France, a modern European state with altogether different notions of territorial possession and sovereignty.
- ^ Hippolyte Rolin. "geneanet.org genealogical site (retrieved 2010-12-17)". Gw1.geneanet.org. Retrieved 29 July 2013.
- ^ [1][dead link]
- ^ "Literair Gent". Literair.gent.be. Archived from the original on 6 October 2013. Retrieved 29 July 2013.
- ^ [2] Archived 30 June 2007 at the Wayback Machine
- ^ [3] Archived 30 June 2007 at the Wayback Machine
- ^ "Canvas". Degrootstebelg.be. Archived from the original on 3 May 2008. Retrieved 29 July 2013.
- ^ "Legal Cosmopolitanism: Tom Franck's messianic world" (PDF). Archived from the original (PDF) on 5 September 2008. Retrieved 31 May 2007.[dead link]
- ^ "Chao Phya Abhai Raja, the book". Insiithaihouse.com. Archived from the original on 6 October 2013. Retrieved 29 July 2013.
Sources
- Speech by Prof. Dr. J. Herbots about Gustave Rolin-Jaequemyns. law.kuleuven.ac.be (in Dutch)
- Beknopte geschiedenis van de Liberale Partij, Prof. dr. Marcel Bots, 1989, Liberaal Archief (in Dutch)
- Schets eener geschiedenis der Vlaamsche Beweging, Paul Fredericq, Ghent, 1908" dbnl.org (in Dutch)
- De Heilige Stoel en de zaal Laurent-Brasseur (1856) , Dr. E. Lamberts, Belgisch tijdschrift voor nieuwste geschiedenis, 2 (1970) 83-111. flwi.ugent.be Archived 19 March 2009 at the Wayback Machine(PDF) (in Dutch)
- Biography of Tobias Asser inghist.nl (in Dutch)
- British Financial Advisers in Siam in the Reign of King Chulalongkorn, Ian Brown, Modern Asian Studies, Vol. 12, No. 2 (1978), pp. 193-215 Jstor.org
- Website of the Rolin-family about Gustave Rolin-Jaequemyns rolin.org (in French)
- "Letter of mourning" on ars-moriendi.be Archived 28 September 2007 at the Wayback Machine (in French)
Further reading
- Gustave Rolin-Jaequemyns (Chao Phraya Aphai Raja) and the Belgian Advisers in Siam (1892–1902) : An Overview of Little-Known Documents Concerning the Chakri Reformation Era. Walter E.J. Tips, Published by the author himself, Bangkok 1992, ISBN 974-88987-8-4
- Gustave Rolin-Jaequemyns and the Making of modern Siam: The Diaries and Letters of King Chulalongkorn's General Adviser., Walter E.J. Tips, White Lotus Press, Bangkok 1996, ISBN 974-8496-58-9
- Gustave Rolin-Jaequemyns and the Establishment of the Institut de droit international (1873)., Martti Koskenniemi, In: Revue belge de droit international. 37 (1)/2004. Centre de Droit International de l'Institut de Sociologie de l'Université Libre de Bruxelles et du Centre de Droit International de l'Université Catholique de Louvain, p. 5-11, ISSN 0035-0788
- Nationalism, Universalism, Empire: International Law in 1871 and 1919. Martti Koskenniemi, Conference Proceedings Whose International Community? Universalism and the Legacies of Empire., Columbia University, 29–30 April 2005
- Chao Phya Abhai Raja Gustave Rolin-Jaequemyns, General Advisor of H.M. King Chulalongkorn. Various authors, Limited editions published in English (January 2007) and in Thai (November 2008) - Web presentation of the book by family member Count Gerald van der Straten Ponthoz and, amongst others, the Belgian Ambassador in Thailand H.E. Jan Matthysen
External links
- Media related to Gustave Rolin-Jaequemyns at Wikimedia Commons