Gustave Rolin-Jaequemyns

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Gustave Rolin-Jacquemyns in traditional Thai clothing

Gustave Henri Ange Hippolyte Rolin-Jaequemyns (born  January 31, 1835 in Ghent ; †  January 9, 1902 in Brussels ; for the spelling of the first name see literature) was a Belgian lawyer , politician and diplomat . In September 1873, together with the Swiss lawyer Gustave Moynier, he founded the Institut de Droit international (Institute for International Law), an institution that was awarded the Nobel Peace Prize in 1904 and has existed to this day. He was the institute's first general secretary from 1873 to 1878 and was made its first honorary president in 1892. He also worked as a member of the Unitaire Liberale Partij , the first political party founded in Belgium, and from 1878 to 1884 as Minister of the Interior of his home country. Although he was a deeply religious person, he was considered anti-clerical due to his convinced advocacy of the separation of religion and state and, in the context of the disputes between clerical and anti-clerical currents in the decades after the Belgian Revolution, advocated the goals of the liberals.

Through his work as an advisor to King Chulalongkorn of Siam (Rama V) , he played an important role in the reformation of what is now Thailand into a country with modern western standards in judiciary and administration. Since he helped to save the country from being incorporated into the colonial empire of France , he was given the honorary title Chao Phraya Abhai Raja ( Thai : เจ้าพระยา อภัย ราชา ), the country's highest recognition for foreigners. Already during his lifetime he was considered a recognized expert in the field of international law , which was expressed, among other things, in his admission to several national academies . He has been awarded honorary doctorates by various universities and has also received a number of high-ranking state awards. In his home country Belgium as well as in Thailand he is in high regard to the present day.

Life

Childhood and youth

Gustave Rolin-Jaequemyns was born in Ghent in 1835 as the eldest of 14 children of Hippolyte Rolin and Angélique Hellebout (for the number of siblings see literature). His father had studied law at the University of Leuven and later continued his studies in Berlin with Friedrich Carl von Savigny and Georg Wilhelm Friedrich Hegel . With the beginning of the Belgian Revolution in 1830 he was elected to the National Assembly, from 1848 he was a member of the Chamber of Deputies of the Belgian Parliament and was Minister for Public Affairs.

His son Gustave attended high school in his hometown with good grades and showed musical talents at an early age. At the age of 16 he therefore traveled to Great Britain and France , where he was awarded a first prize at the Lycée Charlemagne in Paris . Following his return to Ghent, he studied law at the university there and then went to Berlin like his father for further studies. At the age of 25 he was offered the chair of modern political history in Ghent in 1860, which he turned down to work in his father's law firm.

In 1859 he married Emilie Jaequemyns and from then on carried the double name "Rolin-Jaequemyns". The marriage resulted in two sons (Edouard and Paul) and three daughters (Marie-Jeanne, Henriette and Nelly). When his father-in-law, who supported the unification of Belgium with the Netherlands as a supporter of the Dutch royal house of Orange , was charged for these views, the father of Gustave Rolin-Jaequemyns defended him. Since Emilie Jaequemyns came from a wealthy and influential family, Gustave was not dependent on the marriage to earn a living. Because of this he was able to deal with social and legal matters.

Activities in the field of international law

Gustave Moynier, who, together with Rolin-Jaequemyns, was primarily responsible for the establishment of the Institut de Droit international

Gustave Rolin-Jaequemyns showed great interest in charitable activities and questions of the common good from an early age. In 1862 he founded the Association International pour le Progès des Science Sociales in Brussels (International Association for the Advancement of Social Sciences). During a congress of the association, he met the Dutch lawyer Tobias Asser and the Englishman John Westlake . Together they founded the first academic journal for international law under the title Revue de Droit International et de Legislation Comparée (journal for international law and comparative law). The first edition appeared at the end of 1868 with a number of contributions from recognized legal experts of the time. Gustave Rolin-Jaequemyns, who at that time had no noteworthy experience in the field of international law, worked from then on as editor-in-chief. The articles that he himself subsequently published in the magazine were primarily analyzes and comments on current events and developments , known as the Chronique de droit international . The first issues focused on aspects of private international law, for example, the abolition of the death penalty and legal reforms in the social field, such as educational laws and the regulation of child labor .

After the Franco-Prussian War from 1870 to 1871, he received letters from the German-American lawyer Francis Lieber and the Swiss Gustave Moynier , which independently suggested the establishment of an international organization for the further development of international law. Gustave Moynier was already active in this area as President of the International Committee of the Red Cross (ICRC) founded in 1863 . Francis Lieber had made an important contribution to international humanitarian law through the Lieber Code , among other things , and had written pamphlets on property and labor law and civil liberties. Thanks to his good contacts with many lawyers in various countries, Gustave Rolin-Jaequemyns was in an excellent position to implement the idea suggested by Lieber and Moynier through consultations. In addition, Belgium was considered the center of international law at the time. In addition to Gustave Rolin-Jaequemyns, Alphonse Rivier at the University of Brussels and the legal historian François Laurent , with whom Gustave Rolin-Jaequemyns were on friendly terms , also worked in this area .

Corresponding consultations in the course of 1872 and early 1873 with Moynier and the Swiss lawyer Johann Caspar Bluntschli , who worked at the University of Heidelberg , finally led to the establishment of the Institut de Droit international (Institute for International Law) in the town hall of Ghent on September 8, 1873, after A preliminary meeting had taken place the evening before at Gustave Rolin-Jaequemyns' house. The eleven lawyers involved in the founding were the first legal experts in history who explicitly saw themselves as experts in international law and, at the suggestion of Gustave Rolin-Jaequemyns, among others, propagated an internationally oriented mentality known as ésprit d'internationalité as a common view. They thus established a tradition of international law based on uniform normative foundations, which differed fundamentally from the naturalistic-philosophical view published by Hugo Grotius and Francisco Suárez . This new view also went far beyond the resulting European constitutional law ( Le droit public de l'Europe ), which was based primarily on diplomatic principles and was limited to intergovernmental problems of sovereignty, statehood, war and peace.

Gustave Rolin-Jaequemyns became the institute's first general secretary when it was founded and held this office until 1878. With the institute, which still exists today, a permanent institution was created for the first time, which concentrated on the further development of international law. For this reason, the establishment of the institute is considered to be the hour of birth of international law as an independent legal discipline. Its members have made important contributions to international law throughout its history. Two years after the death of Gustave Rolin-Jaequemyns, the institution was awarded the Nobel Peace Prize in 1904 .

Domestic political activity

Front page of the satirical magazine La Bombe ("The Bomb") about the school dispute; October 28, 1878

Liberal views have dominated Belgian politics since 1848. Gustave Rolin-Jaequemyns' political ideas were also shaped by liberalism, despite his strong Catholic faith. This was expressed, among other things, in his membership in the Unitaire Liberale Partij founded in 1846 , in which he belonged to the moderate wing. The work of the Belgian liberals at that time was not limited to the propagation of an economically liberal concept of the free exchange of goods and services known as laissez faire . The enforcement of civil liberties, the resistance to the restriction of these freedoms by the state, the liberation of the individual from dogmatic constraints, and the intellectual development of people through education in the Septem artes liberales , the so-called liberal arts, were important goals of the liberal party and their followers.

Gustave Rolin-Jaequemyns' activities in this area included, among other things, his chairmanship of the Van Crombrugghe Genootschap , a Flemish cultural association founded by teachers and students from the city school in Ghent. It was named after Joseph Van Crombrugghe , who as Ghent's mayor, in the opinion of the members, had done outstanding work for the public school system in the city. From 1850 the conflict between the Catholic party and the Liberals intensified, on the Catholic side especially under the influence of Pope Pius IX on December 8, 1864 . published encyclical " Quanta Cura " as well as the associated writing Syllabus errorum . It was a list of 80 theses that were condemned as false by the Pope and which included liberalism. The aim of the liberals was the complete secularization of the country, which in part led to militant anti-Catholicism . As a result, Belgian society was characterized by a pronounced clerical-anticlerical conflict that affected many areas of public life.

The most important dispute in this conflict was a struggle on both sides for supremacy in the education sector. Gustave Rolin-Jaequemyns had taken over the office of Interior Minister in the cabinet of Walthère Frère-Orban after the victory of the Liberals in the elections of 1878 . This began immediately after taking office with attempts to push back the influence of the Catholic Church through a new teaching law, which led to a dispute known as Schoolstrijd . This school dispute, the aftermath of which shaped Belgium for decades, was embittered by both sides over the filling of teaching positions and the assignment of students and at times brought the country to the brink of civil war . However, the liberal government underestimated the strength and influence of Catholicism. The number of newly founded Catholic schools soon exceeded that of public educational institutions, the numbers of which fell markedly. After the defeat of the Liberal Cabinet in 1884, the Catholic Church excommunicated Gustave Rolin-Jaequemyns and the other members of the government. Due to the influence of his brother Edouard, this decision was later reversed. With this defeat, however, his political career ended, so that from then on he turned back to the Institut de Droit international and the publication of the Revue de Droit International et de Legislation Comparée .

Commitment to the Congo question

Like many other members of the Institut de Droit international, Gustave Rolin-Jaequemyns had been concerned with the Belgian colonial efforts in the African Congo region since the mid-1870s . For example, he welcomed the founding of the Association Internationale Africain in 1876 by the Belgian King Leopold II and the scientific and philanthropic goals put forward by him as the motivation for his activities, the actual purpose of which, however, was colonial in nature. He was also of the opinion that colonization through the establishment of private enterprises would make no distinction between political administration on the one hand and the administration of property on the other. For this reason, such an approach could not guarantee adequate treatment of the native population or effective protection of the colonists.

The members of the Institut de Droit international therefore saw the Congo Conference , which took place from November 1884 to February 1885, as an opportunity to establish clear guidelines for the establishment of colonial administrations in Africa. The results of the conference in this regard, which were initially welcomed by Gustave Rolin-Jaequemyns and other members of the institute, turned out to be disappointing in reality. Four years later, Leopold II appointed him a member of the High Council ( Conseil supérieur ) for the Congo Free State, an institution that had been set up by the Belgian king in response to increasing criticism.

Like practically all members of the Institute, Gustave Rolin-Jaequemyn abstained from critical remarks when the actual practice of Belgium in the Congo became known in later years. He did not take part in attempts to defend or gloss over the colonial reality in the Congo region, as was expressed in publications by some Belgian lawyers around the turn of the century. These included, for example, Ernest Nys , Edouard Descamps and Félicien Cattier , who, however , took a critical position in later publications after an article he published in 1895 in the Revue de Droit International et de Legislation Comparée , in which he still defended Belgian practice in the Congo .

The modernization of Thailand

King Chulalongkorn

After his brother lost the family's fortune through speculative investments, Gustave Rolin-Jaequemyns took a job at the so-called mixed courts in Cairo in 1891 . These had existed since 1875 in Egypt , which had become heavily indebted through the construction of the Suez Canal and was in fact under the rule of the government debt administration, which was led by the British Consul General . The mixed courts served to settle disputes between locals and foreigners. Gustave Rolin-Jaequemyns quickly became a respected member of urban society in Cairo, also because of his musical talents. During a banquet organized by the British ambassador in December 1891, he met the Thai prince Damrong Rajanubhab . At the time, as his country's ambassador, he was looking for an internationally renowned lawyer who would help prevent the threatened colonial division of Thailand between Great Britain, France and Japan.

The chance meeting - Prince Damrong was already busy with preparations for his return trip after disappointing negotiations with the colonial powers - became a turning point in the life of Gustave Rolin-Jaequemyns and in Thai history. After consultations between the Prince and King Chulalongkorn, he received an offer to work as the King's General Adviser for an annual salary of £ 3,000 . Gustave Rolin-Jaequemyns accepted the offer despite health problems and against the resistance of his wife, as he saw the opportunity to put his ideas about the principles of international law into practice and thus to demonstrate that compliance with international legal standards was also a small country before a Might preserve capture by great powers. He arrived in Bangkok on September 27, 1892. In his role as General Adviser, he was in charge of a group of foreign advisors who had come to the country since the 1860s. These included 58 British, 22 Germans, 22 Danes, nine Belgians and eight Italians.

By this time France had already established its own colonial empire in Asia with French Indochina and was planning to convert Siam into a protectorate . The dispatch of warships and firefights on July 13, 1893 with the crew of the Chulachomklao Fort near the city ​​of Samut Prakan , located on the west side at the mouth of the Mae Nam Chao Phraya ( Chao Phraya River ) , which is known as Pak-Nam- Incident made history, tensions had increased. Gustave Rolin-Jaequemyns realized that the Kingdom of Siam only had a chance of maintaining its independence if it introduced modern standards of justice and administration and enabled the population to enjoy a decent standard of living. With the help of his connections through the Institut de Droit international, he first reached an armistice between France and Siam.

After averting this immediate threat, he began, as an advisor to King Chulalongkorn (Rama V) and with the support of other lawyers from Belgium and Great Britain, to organize a restructuring of the state and legal institutions, which until then had been based on the traditional Buddhist system of Dharmaśāstra (Thai : Thammasat - ธรรมศาสตร์ ) were based. For this purpose he learned the Thai language and had extensive parts of the old legal texts translated in order to familiarize himself with them. In 1895, in a letter to the President of the International Association for Comparative Legal Studies, he wrote that an analysis of the most interesting but unknown Siamese laws was essential in preparing appropriate reforms. In his opinion, it would be wrong to simply adopt Western legal standards. Instead, the characteristics of traditional law should be preserved and complemented by modern legal instruments and institutions.

In the following years he helped establish a legislative assembly and the introduction of modern systems in the field of administration and accounting, and contributed to the reform of the government structure. In addition, he initiated various public projects, such as the construction of a railway network that connected the capital with the more distant regions of the country. One of the most important achievements he initiated was the establishment of the country's first law faculty in Bangkok . The effects of many of his reforms can still be found today in the Thai state and public life in the country.

With the exception of occasional trips to Europe, Gustave Rolin-Jaequemyns stayed in Siam until April 1901, before returning to Belgium due to health problems. He died in Brussels in January 1902.

Reception and aftermath

Life's work

Gustave Rolin-Jaequemyns
(Image source: Thai Court Museum)

Gustave Rolin-Jaequemyns is regarded as one of the most outstanding lawyers in Belgian history and in the development of international law, even if he is less than other international law experts of his time such as August von Bulmerincq or Friedrich Fromhold Martens on legal philosophical issues as well as the theory and systematics of international law Dedicated right. Rather, his activities were primarily shaped by a practice-related perspective and were primarily oriented towards the concrete political and diplomatic effects of international law on the development and organization of international relations .

The most important achievement of Gustave Rolin-Jaequemyns in the field of law is his work for the development of a comprehensive understanding of international law based on uniform normative principles. To this end, he contributed primarily with the founding of the magazine "Revue de Droit International et de Legislation Comparée" and through his role in the creation and development of the Institut de Droit international, for which he was appointed as the first of five honorary president of the institute in 1892 , essential contributions.

His son Edouard Rolin-Jaequemyns , his brother Albéric Rolin and his son Henri Rolin later worked as lawyers in the field of international law and were members of the institute. Albéric Rolin was also made Honorary President in 1923, and Edouard Rolin-Jaequemyns succeeded his father from 1926 to 1927 as Minister of the Interior of Belgium. The Rolin family in Ghent played a key role in shaping the development of international law as well as national politics and international relations in Belgium for around a century.

Awards and recognition

In the sixth edition of Meyer's Large Conversation Lexicon , published a few years after his death from 1905 to 1909 , Gustave Rolin-Jaequemyns was described as “one of the most important lawyers of the 19th century”. His services to the development of Thai society and the preservation of the country's independence were honored during his lifetime, when King Chulalongkorn awarded him the Order of the White Elephant and the honorary title Chao Phraya Abhai Raja Siamanukulkij ( Thai : เจ้าพระยา อภัย ราชา ส ยา มา นุ กูล กิจ, RTGS : Aphairacha Sayamanukunkit), which had previously only been awarded to two other foreigners. He was honored by the king with the words "The abilities and demeanor of this man, who was of so crucial importance for the government of Siam, will forever remain in our memory" (analogous translation; for the origin and wording of the quote see literature). A statue was erected in memory of him on the campus of the Law Faculty of Thammasat University in Bangkok.

The recognition of Gustave Rolin-Jaequemyns in academic circles was his acceptance into several national academies , for example in 1870 in Montreal , 1872 in Madrid , 1874 in Belgium and 1881 in Constantinople . Moreover, it was by several universities honorary doctorate conferred, including the University of Cambridge , the University of Oxford and the University of Edinburgh . The most important state awards he received for his work included, among other things, the admission as a Grand Officier (Grand Officer) in the French Legion of Honor , the Order of the Dutch Lion as the highest civilian merit order in the Netherlands , the Russian Order of Saint Anne and the Order of the Rising Sun , the highest honor that can be given to foreigners in Japan . He is a well-known and popular figure in Belgium to this day. In the 2005 television poll "De Grootste Belg" ("The greatest Belgians of all time"), he was voted 373 out of 554 nominees.

Literary representation

Gustave Rolin-Jaequemyns and his work in Siam were the template for the literary figure Auguste Rolin in the 1999 book "The Siam Question" ("The Siam Question"). This novel, written by Timothy Francis Sheil, is a pastiche , an imitation of another author, as the main character is the fictional detective Sherlock Holmes by the British writer Arthur Conan Doyle . Part of the plot are death threats against Auguste Rolin, later he is also shot at. With Sherlock Holmes' investigation and the signing of a treaty between France and Siam, the danger to his life is finally averted.

Two documentary books on the work of Gustave Rolin-Jaequemyns in Siam were published in 1992 and 1996 by Walter EJ Tips, who has lived in Bangkok for around 30 years.

Works (selection)

Gustave Rolin-Jaequemyns' publications include, on the one hand, political treatises and legal essays on domestic political issues and problems of international law, and, on the other hand, travel reports and diary-like notes about his time in Thailand. His works include, for example, the following writings:

  • The partis et de leur situation actuelle en Belgique. Brussels 1864
  • De la réforme électorale. Brussels 1865
  • La guerre currentuelle dans ses reports avec le droit international. Van Doosselaere, Ghent 1870
  • De la nécessité d'organiser une institution scientifique permanente pour favoriser l'étude et le progrès du droit international. In: Revue de Droit Internationale et de Législation Comparée. 5/1873, pp. 463-491
  • Note on théorie du droit d'intervention. In: Revue de Droit Internationale et de Législation Comparée. 8/1876, pp. 673-682
  • L'oeuvre de l'explorarion et de civilization de l'Afrique centrale. In: Revue de Droit Internationale et de Législation Comparée. 9/1877, pp. 288-291
  • L'Arménie, les Arméniens et les traités. In: Revue de Droit Internationale et de Législation Comparée. 19/1887, pp. 284-325 and 21/1889, pp. 291-353; Reprinted 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 existants. Co-operative Printing Society Limited, London 1896

literature

The main basis for the article, in particular for general biographical information on the life of Gustave Rolin-Jaequemyns as well as on his domestic political activities and his work in Thailand, was the farewell speech by Jacques Herbots, law professor at the Catholic University of Leuven, on the occasion of his retirement in May 2002. The corresponding entry in Meyer's Konversations-Lexikon in the fourth edition and in the Biographical Dictionary of Internationalists also served as a source for some biographical information . Further information about his time in Thailand comes from a book by Pasuk Phongpaichit, economics professor at Chulalongkorn University in Bangkok.

The description of his activities in the field of international law is based, in addition to the historical information on the website of the Institut de Droit international, primarily on an article and two lectures by Martti Koskenniemi , Professor of International Law at the University of Helsinki. The information on the role of Gustave Rolin-Jaequemyns in the context of the Belgian colonial efforts in the Congo is based on a chapter in a book by the same author.

  • Website of the Institut de Droit international. Online under IDI history
  • Martti Koskenniemi: Gustave Rolin-Jaequemyns and the Establishment of the Institut de droit international (1873). In: Revue belge de droit international. 37 (1) / 2004. Center de Droit International de l'Institut de Sociologie de l'Université Libre de Bruxelles et du Center de Droit International de l'Université Catholique de Louvain, pp. 5–11, ISSN  0035-0788
  • Martti Koskenniemi: Nationalism, Universalism, Empire: International Law in 1871 and 1919. Contribution to the conference Whose International Community? Universalism and the Legacies of Empire. Columbia University, Nov. 29-30 April 2005
  • Martti Koskenniemi: The civilizing mission: International law and the colonial encounter in the late 19th century. Contribution to the legal historians' day. Bonn, 12.-17. September 2004
  • Martti Koskenniemi: Sovereignty as terror - the Congo. In: The Gentle Civilizer of Nations: The Rise and Fall of International Law 1870-1960. Cambridge University Press, Cambridge 2004, ISBN 0-521-54809-8 , pp. 155-166

There are different statements regarding the number of his siblings. While Jacques Herbots mentions 17 siblings without giving any details, the genealogy website GeneaNet lists a total of 14 siblings with names and dates of life, including Gustave. The relevant data are available online at GeneaNet .

The Dutch spelling of his first name, Gustaaf , is also occasionally in use. In some documents, both forms are used in parallel. Based on a published obituary notice, Gustave appears to be the official spelling. The details of his awards are also taken from this advertisement, which is available online on the Ars Moriendi website .

The exact time of his transfer to the mixed courts of justice in Cairo is not clear from the publications used, but is dated to the year 1891 in the year supplement 1891-1892 of the fourth edition of Meyer's Konversationslexikon.

The quoted statement by King Chulalongkorn was taken from the book “Chao Phya Abhai Raja Gustave Rolin-Jaequemyns. General Advisor of HM King Chulalongkorn ”, which was published by Gerald van der Straten-Ponthoz in 2007 in Thailand in a limited edition (see web links). The English-language wording of the quote given in the book is "The competence and gesture of this person, who was so important to the government of Siam, will be imprinted in our memory forever" .

Further publications

  • Walter EJ Tips: 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. Self-published by the author, Bangkok 1992, ISBN 974-88987-8-4 .
  • Walter EJ Tips: Gustave Rolin-Jaequemyns and the Making of Modern Siam: The Diaries and Letters of King Chulalongkorn's General Adviser. White Lotus Press, Bangkok 1996, ISBN 974-8496-58-9 .
  • Martti Koskenniemi: Gustave Rolin-Jaequemyns and the Establishment of the Institut de droit international (1873). In: Revue belge de droit international. 37 (1) / 2004. Center de Droit International de l'Institut de Sociologie de l'Université Libre de Bruxelles et du Center de Droit International de l'Université Catholique de Louvain, pp. 5–11, ISSN  0035-0788 .
  • Chris de Saint-Hubert: Rolin-Jaequemyns (Chao Phya Aphay Raja) And The Belgian Legal Advisors In Siam At The Turn Of The Century. In: The Journal of the Siam Society. 53 (2) / 1965. The Siam Society , pp. 181–190, ISSN  0857-7099 , online [1] (PDF, last accessed November 1, 2012; 1.2 MB).

Web links

Commons : Gustave Rolin-Jaequemyns  - collection of images, videos and audio files
This article was added to the list of excellent articles on July 2, 2007 in this version .