Gustave Rolin-Jaequemyns
Encyclopedia
Gustave Henri Ange Hippolyte Rolin-Jaequemyns (Ghent
, 31 January 1835 - Brussels
, 9 January 1902) was a Belgian
attorney at law, 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 anti-clerical because of his staunch defence of the Separation of church and state
. Serving as an advisor to King Rama V of Thailand
, he played a crucial role in the reformation of that country to modern western standards and was awarded the title Chow Phya Abhai Raja, the highest distinction ever granted to a foreigner.
Rolin-Jaequemyns' reputation as an expert on international law was widely recognized. He became a member of several national academies, for example 1870 in Montreal
, 1872 in Madrid
, in 1874 in Belgium
and 1881 in Constantinople
. In 1877, the University of Edinburgh
granted him the title of Doctor Honoris Causa
, and later he received the same distinction from the universities of Cambridge
, Oxford
and Brussels
. In 1889 King Leopold II of Belgium
appointed him member of the High Council for the independent state of Congo
.
(French: Louvain), after which he was sworn in as solicitor and travelled to Berlin
where he followed classes by von Savigny
and Hegel
. In 1830, at the start of the Belgian Revolution
, he travelled to Courtrai and was elected into the National Assembly. Later (1848), he was elected into the Belgian Chamber of People's Representatives
and held the office of Minister of Public Works.
The lad excelled on the Gymnasium of Ghent and his musical skills showed early. At the age of 16 he travelled to the United Kingdom
and from there to Paris
where he got a first prize at the Lycée Charlemagne
. He then went back to his home town and studied law at the University of Ghent. After his graduation, Gustave followed his father's example and went to Berlin for additional studies. In 1860, when he was only 25 years old, he was offered the chair of modern political history
, but declined to help his father in his law firm.
In 1859, he married Emilie Jaecquemyns and henceforth used the name "Rolin-Jaequemyns". Her father, an Orangist
(that is, proponent of the unification of Belgium and the Netherlands) was indicted for his political views and Hippolyte defended him. Emilie was the daughter of a notable and wealthy family, so Gustave could focus on his studies of social and judicial matters.
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 late 1868.
After the bloody Franco-German war of 1870-71, during which the Geneva Convention of 1863 was largely ignored by both parties, Rolin-Jaequemyns received letters written independently by Francis Lieber
and Gustave Moynier
urging the founding of some international organisation to promote the international rule of law. As he was in an excellent position to contact many experts in the field, consultations led to the foundation of the Institut de Droit International
in the townhall of Ghent
on 8 September 1873.
The institute, which still exists today, was the first permanent body of legal experts to focus on international law. Its members have 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
.
Since the revolution year of 1848
, the liberal faction was dominant in Belgian politics. There were Catholic
cabinets, but these, generally, adopted the liberal agenda of Laissez faire, laissez passer. According to this view, the free interchange of goods and services and personal freedom should not be restricted by interventions of the state, even though this principle was relaxed somewhat in times of crisis. It's not justified, however, to see the Belgian liberalism only as an exponent of the bourgeoisie
intent on extending their wealth and influence. Part of this ideology was also a cultural ideal: to liberate the individual from the dogmatic
fetters imposed by the clergy and promote personal development through the promotion of liberal arts
.
In the case of Rolin-Jaequemyns, this was expressed in his chairmanship of the Van Crombrugghe Genootschap, a Flamish
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".
From 1850 onward, the controversy between the Catholic Party and the liberals deepened. On the Roman Catholic side, the ultramontanists
became the dominant faction, partly under influence of the papal
Encyclical
Quanta Cura
(1864) and especially the attached Syllabus Errorum
in which the modern liberties were sharply condemned.
On the liberal side, mostly in circles of freemasons
and the Université Libre de Bruxelles
, the principle of "Free Research" (Vrij Onderzoek) gained influence, which, as it was interpreted there and then, was incompatible with catholic orthodoxy
. This sharpened the anti-clerical sentiment among liberals which evolved into a militant anti-Catholicism. The complete secularisation
of Belgian society became the liberals' prime objective. In order to achieve this aim, they were forced to interventions of the state, since social life was completely dominated by Roman Catholic organisations. The main battleground, however, was the field of education and the academic freedom of Belgian universities, where rationalism
and scientific positivism
were gaining ground.
First blows were exchanged over a parochial letter written by Mgr. L. Delebecque, Bisshop of Brugge
, in which he accused Prof. Wagener of "blasphemous" and "heretical" teachings and strongly condemned the University of Ghent. The letter was read in all churches in his diocese on Sunday 14 September 1856 and was followed by as similar action by the Bishop of Brugge
, Mgr. J.B. Malou. The situation came to a head with the affair Laurent-Brasseur, two professors from Ghent who had, in the view of the clergy, made ex cathedra
statements contradicting the official teachings of the Church. The Church had, by means of the Convention of Antwerp, gained a solid influence in academic matters and used it. This affair brought to light the deep divisions between liberals and Catholics and the country was divided into two camps: a clerical one and an anti-clerical one who battled each other in every way possible.
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 much 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 overarched 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.
. 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 Congo Conference in 1884 as a good opportunity to set clear standards for the establishments of colonial governments. The outcome of the conference on this point was greeted favourably by Rolin-Jaequemyns and other members of the institute but soon turned out to be of little practical value. Four years later Rolin-Jaequemyns was appointed member of the Conseil Supérieur for the Congo Free State, which had been created by Leopold II as a reaction to the rising criticism of the Belgian conduct. Like almost all members of the institute, Rolin-Jaequemyns refrained from any critical remarks when the details of atrocities in the Congo Free State became known. On the other hand he did not try to defend or apologize Leopold's colonial politics, like other Belgian legal experts like Félicien Cattier, Ernest Nys and Edouard Descamps had done.
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ambassador in December 1891, he met Prince Damrong of Siam, who had gone to Europe to search for a General Advisor for his half-brother King Chulalongkorn (Rama v). Following a hasty correspondence with Bangkok, the prince was able to offer Rolin-Jaequemyns an annual salary of ₤3000. Despite the opposition of his wife and his own poor health, he accepted. The Siam offer was his opportunity "to realize his dream to put into practice his principles of law and to ensure that respect for international law enabled a small, threatened country to resist the major powers."
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."
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.
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 Browning 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. Having already had taken possession of present day Vietnam and much of Cambodia and Laos, it seemed they sought to transform Siam into a protectorate
. Rolin-Jaequemyns wrote that he was "convinced that this is a systematic campaign undertaken by colonial authorities of Annam and Cambodia destined to veil the little success as well as to justify the enormous costs of their interior administration." On 13 July 1893, three French gunships forced their way up the Chao Phya River to Bangkok
. Siamese fired on them from their land battery to which the French responded with devastating effect. Rolin-Jaequemyns played a major role in the negotiations after so- called Paknam Incident using his contacts in the top echelons of European society to negotiate directly with the French President and British Prime Minister thus subverting the self-interested colonial officials. These negotiations dragged on for 15 years and Siam lost large sections of its territory in modern-day Cambodia, Laos and Malaysia but it retained its independence.
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 Dharmasastra
, a buddhist
system) while bringing them up to date with modern requirements.
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
.
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" and (in academic circles) see him as one of the giants of the legal profession. 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 .
Ghent
Ghent is a city and a municipality located in the Flemish region of Belgium. It is the capital and biggest city of the East Flanders province. The city started as a settlement at the confluence of the Rivers Scheldt and Lys and in the Middle Ages became one of the largest and richest cities of...
, 31 January 1835 - Brussels
Brussels
Brussels , officially the Brussels Region or Brussels-Capital Region , is the capital of Belgium and the de facto capital of the European Union...
, 9 January 1902) was a Belgian
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
attorney at law, diplomat and Minister of the Interior (1878–1884) as a member of the Unitarian Liberal Party
Liberal Party (Belgium)
The Liberal Party was a Belgian political party that existed from 1846 until 1961, when it became the Party for Freedom and Progress, Partij voor Vrijheid en Vooruitgang/Parti de la Liberté et du Progrès or PVV-PLP, under the leadership of Omer Vanaudenhove.-History:The Liberal Party was founded...
. Together with the Swiss jurist Gustave Moynier
Gustave Moynier
Gustave Moynier was a Swiss Jurist who was active in many charitable organizations in Geneva.He was a co-founder of the "International Committee for Relief to the Wounded", which became the International Committee of the Red Cross after 1876...
, he founded the Institut de Droit International
Institut de droit international
The Institut de droit international is an organization devoted to the study and development of international law, whose membership comprises the world's leading public international lawyers...
and became its first Honorary President.
Even though his personal convictions were deeply religious, he is considered anti-clerical because of his staunch defence of the Separation of church and state
Separation of church and state
The concept of the separation of church and state refers to the distance in the relationship between organized religion and the nation state....
. Serving as an advisor to King Rama V of Thailand
Thailand
Thailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...
, he played a crucial role in the reformation of that country to modern western standards and was awarded the title Chow Phya Abhai Raja, the highest distinction ever granted to a foreigner.
Rolin-Jaequemyns' reputation as an expert on international law was widely recognized. He became a member of several national academies, for example 1870 in Montreal
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
, 1872 in Madrid
Madrid
Madrid is the capital and largest city of Spain. The population of the city is roughly 3.3 million and the entire population of the Madrid metropolitan area is calculated to be 6.271 million. It is the third largest city in the European Union, after London and Berlin, and its metropolitan...
, in 1874 in Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
and 1881 in Constantinople
Constantinople
Constantinople was the capital of the Roman, Eastern Roman, Byzantine, Latin, and Ottoman Empires. Throughout most of the Middle Ages, Constantinople was Europe's largest and wealthiest city.-Names:...
. In 1877, the University of Edinburgh
University of Edinburgh
The University of Edinburgh, founded in 1583, is a public research university located in Edinburgh, the capital of Scotland, and a UNESCO World Heritage Site. The university is deeply embedded in the fabric of the city, with many of the buildings in the historic Old Town belonging to the university...
granted him the title of Doctor Honoris Causa
Honorary degree
An honorary degree or a degree honoris causa is an academic degree for which a university has waived the usual requirements, such as matriculation, residence, study, and the passing of examinations...
, and later he received the same distinction from the universities of Cambridge
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
, Oxford
University of Oxford
The University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
and Brussels
Université Libre de Bruxelles
The Université libre de Bruxelles is a French-speaking university in Brussels, Belgium. It has 21,000 students, 29% of whom come from abroad, and an equally cosmopolitan staff.-Name:...
. In 1889 King Leopold II of Belgium
Leopold II of Belgium
Leopold II was the second king of the Belgians. Born in Brussels the second son of Leopold I and Louise-Marie of Orléans, he succeeded his father to the throne on 17 December 1865 and remained king until his death.Leopold is chiefly remembered as the founder and sole owner of the Congo Free...
appointed him member of the High Council for the independent state of Congo
Congo Free State
The Congo Free State was a large area in Central Africa which was privately controlled by Leopold II, King of the Belgians. Its origins lay in Leopold's attracting scientific, and humanitarian backing for a non-governmental organization, the Association internationale africaine...
.
Childhood and Youth
Gustave Rolin-Jaequemyns was born as the oldest of 15 children in the marriage between Hippolyte Rolin and Angélique Hellebaut. His father had graduated with distinction from the Catholic University of LeuvenCatholic University of Leuven
The Catholic University of Leuven, or of Louvain, was the largest, oldest and most prominent university in Belgium. The university was founded in 1425 as the University of Leuven by John IV, Duke of Brabant and approved by a Papal bull by Pope Martin V.During France's occupation of Belgium in the...
(French: Louvain), after which he was sworn in as solicitor and travelled to Berlin
Berlin
Berlin is the capital city of Germany and is one of the 16 states of Germany. With a population of 3.45 million people, Berlin is Germany's largest city. It is the second most populous city proper and the seventh most populous urban area in the European Union...
where he followed classes by von Savigny
Friedrich Carl von Savigny
Friedrich Carl von Savigny was one of the most respected and influential 19th-century jurists and historians.-Early life and education:...
and Hegel
Georg Wilhelm Friedrich Hegel
Georg Wilhelm Friedrich Hegel was a German philosopher, one of the creators of German Idealism. His historicist and idealist account of reality as a whole revolutionized European philosophy and was an important precursor to Continental philosophy and Marxism.Hegel developed a comprehensive...
. In 1830, at the start of the Belgian Revolution
Belgian Revolution
The Belgian Revolution was the conflict which led to the secession of the Southern provinces from the United Kingdom of the Netherlands and established an independent Kingdom of Belgium....
, he travelled to Courtrai and was elected into the National Assembly. Later (1848), he was elected into the Belgian Chamber of People's Representatives
Belgian Chamber of People's Representatives
The Belgian Chamber of Representatives is one of the two chambers in the bicameral Federal Parliament of Belgium, the other being the Senate...
and held the office of Minister of Public Works.
The lad excelled on the Gymnasium of Ghent and his musical skills showed early. At the age of 16 he travelled to the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and from there to Paris
Paris
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
where he got a first prize at the Lycée Charlemagne
Lycée Charlemagne
The Lycée Charlemagne is located in the Marais quarter of the 4th arrondissement of Paris, the capital city of France.Constructed many centuries before it became a lycée, the building originally served as the home of the Order of the Jesuits...
. He then went back to his home town and studied law at the University of Ghent. After his graduation, Gustave followed his father's example and went to Berlin for additional studies. In 1860, when he was only 25 years old, he was offered the chair of modern political history
Political history
Political history is the narrative and analysis of political events, ideas, movements, and leaders. It is distinct from, but related to, other fields of history such as Diplomatic history, social history, economic history, and military history, as well as constitutional history and public...
, but declined to help his father in his law firm.
In 1859, he married Emilie Jaecquemyns and henceforth used the name "Rolin-Jaequemyns". Her father, an Orangist
Orangism (Belgium)
Orangism was a political current in what is now Belgium that supported its inclusion in the short-lived United Kingdom of the Netherlands . After the secession of Belgium in 1830, Orangist sentiment in Flanders for a time sought a restoration of the United Kingdom. Some of the most prominent...
(that is, proponent of the unification of Belgium and the Netherlands) was indicted for his political views and Hippolyte defended him. Emilie was the daughter of a notable and wealthy family, so Gustave could focus on his studies of social and judicial matters.
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, he met the Dutchman Tobias Asser and the Englishman John WestlakeJohn Westlake
John Westlake was an English law scholar, born at Lostwithiel, Cornwall, the son of a Cornish wool-stapler. He was educated at Lostwithiel and, from 1846, at Trinity College, Cambridge, where he graduated BA in 1850...
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
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
. The first issue, edited by Rolin-Jaequemyns and with contributions from many noted scholars appeared late 1868.
After the bloody Franco-German war of 1870-71, during which the Geneva Convention of 1863 was largely ignored by both parties, Rolin-Jaequemyns received letters written independently by Francis Lieber
Francis Lieber
Francis Lieber , known as Franz Lieber in Germany, was a German-American jurist, gymnast and political philosopher. He edited an Encyclopaedia Americana...
and Gustave Moynier
Gustave Moynier
Gustave Moynier was a Swiss Jurist who was active in many charitable organizations in Geneva.He was a co-founder of the "International Committee for Relief to the Wounded", which became the International Committee of the Red Cross after 1876...
urging the founding of some international organisation to promote the international rule of law. As he was in an excellent position to contact many experts in the field, consultations led to the foundation of the Institut de Droit International
Institut de droit international
The Institut de droit international is an organization devoted to the study and development of international law, whose membership comprises the world's leading public international lawyers...
in the townhall of Ghent
Ghent
Ghent is a city and a municipality located in the Flemish region of Belgium. It is the capital and biggest city of the East Flanders province. The city started as a settlement at the confluence of the Rivers Scheldt and Lys and in the Middle Ages became one of the largest and richest cities of...
on 8 September 1873.
The institute, which still exists today, was the first permanent body of legal experts to focus on international law. Its members have 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
Nobel Peace Prize
The Nobel Peace Prize is one of the five Nobel Prizes bequeathed by the Swedish industrialist and inventor Alfred Nobel.-Background:According to Nobel's will, the Peace Prize shall be awarded to the person who...
.
Political climate of Belgium (1848-1884)
Revolutions of 1848
The European Revolutions of 1848, known in some countries as the Spring of Nations, Springtime of the Peoples or the Year of Revolution, were a series of political upheavals throughout Europe in 1848. It was the first Europe-wide collapse of traditional authority, but within a year reactionary...
, the liberal faction was dominant in Belgian politics. There were Catholic
Catholic
The word catholic comes from the Greek phrase , meaning "on the whole," "according to the whole" or "in general", and is a combination of the Greek words meaning "about" and meaning "whole"...
cabinets, but these, generally, adopted the liberal agenda of Laissez faire, laissez passer. According to this view, the free interchange of goods and services and personal freedom should not be restricted by interventions of the state, even though this principle was relaxed somewhat in times of crisis. It's not justified, however, to see the Belgian liberalism only as an exponent of the bourgeoisie
Bourgeoisie
In sociology and political science, bourgeoisie describes a range of groups across history. In the Western world, between the late 18th century and the present day, the bourgeoisie is a social class "characterized by their ownership of capital and their related culture." A member of the...
intent on extending their wealth and influence. Part of this ideology was also a cultural ideal: to liberate the individual from the dogmatic
Dogma (Roman Catholic)
In the Roman Catholic Church, a dogma is an article of faith revealed by God, which the magisterium of the Church presents to be believed. The resurrection of Jesus Christ is the basic truth from which salvation and life is derived for Christians. Dogmata regulate the language, how the truth of...
fetters imposed by the clergy and promote personal development through the promotion of liberal arts
Liberal arts
The term liberal arts refers to those subjects which in classical antiquity were considered essential for a free citizen to study. Grammar, Rhetoric and Logic were the core liberal arts. In medieval times these subjects were extended to include mathematics, geometry, music and astronomy...
.
In the case of Rolin-Jaequemyns, this was expressed in his chairmanship of the Van Crombrugghe Genootschap, a Flamish
Flanders
Flanders is the community of the Flemings but also one of the institutions in Belgium, and a geographical region located in parts of present-day Belgium, France and the Netherlands. "Flanders" can also refer to the northern part of Belgium that contains Brussels, Bruges, Ghent and Antwerp...
cultural society founded by teachers and students of the municipal school in Ghent
Ghent
Ghent is a city and a municipality located in the Flemish region of Belgium. It is the capital and biggest city of the East Flanders province. The city started as a settlement at the confluence of the Rivers Scheldt and Lys and in the Middle Ages became one of the largest and richest cities of...
to "praise major Van Crombrugghe, who had done so much good for the municipal schools of Ghent".
From 1850 onward, the controversy between the Catholic Party and the liberals deepened. On the Roman Catholic side, the ultramontanists
Ultramontanism
Ultramontanism is a religious philosophy within the Roman Catholic community that places strong emphasis on the prerogatives and powers of the Pope...
became the dominant faction, partly under influence of the papal
Pope
The Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
Encyclical
Encyclical
An encyclical was originally a circular letter sent to all the churches of a particular area in the ancient Catholic Church. At that time, the word could be used for a letter sent out by any bishop...
Quanta Cura
Quanta Cura
There is also an earlier encyclical of the same title, issued in 1741 by Pope Benedict XIV, forbidding traffic in alms. -Historical context:The encyclical was prompted by the September Convention of 1864, an agreement between the Kingdom of Italy and the Second French Empire of Napoleon III,...
(1864) and especially the attached Syllabus Errorum
Syllabus of Errors
The Syllabus of Errors was a document issued by Holy See under Pope Pius IX on December 8, 1864, Feast of the Immaculate Conception, on the same day as the Pope's encyclical Quanta Cura.- Format :...
in which the modern liberties were sharply condemned.
On the liberal side, mostly in circles of freemasons
Freemasonry
Freemasonry is a fraternal organisation that arose from obscure origins in the late 16th to early 17th century. Freemasonry now exists in various forms all over the world, with a membership estimated at around six million, including approximately 150,000 under the jurisdictions of the Grand Lodge...
and the Université Libre de Bruxelles
Université Libre de Bruxelles
The Université libre de Bruxelles is a French-speaking university in Brussels, Belgium. It has 21,000 students, 29% of whom come from abroad, and an equally cosmopolitan staff.-Name:...
, the principle of "Free Research" (Vrij Onderzoek) gained influence, which, as it was interpreted there and then, was incompatible with catholic orthodoxy
Orthodoxy
The word orthodox, from Greek orthos + doxa , is generally used to mean the adherence to accepted norms, more specifically to creeds, especially in religion...
. This sharpened the anti-clerical sentiment among liberals which evolved into a militant anti-Catholicism. The complete secularisation
Secularism
Secularism is the principle of separation between government institutions and the persons mandated to represent the State from religious institutions and religious dignitaries...
of Belgian society became the liberals' prime objective. In order to achieve this aim, they were forced to interventions of the state, since social life was completely dominated by Roman Catholic organisations. The main battleground, however, was the field of education and the academic freedom of Belgian universities, where rationalism
Rationalism
In epistemology and in its modern sense, rationalism is "any view appealing to reason as a source of knowledge or justification" . In more technical terms, it is a method or a theory "in which the criterion of the truth is not sensory but intellectual and deductive"...
and scientific positivism
Positivism
Positivism is a a view of scientific methods and a philosophical approach, theory, or system based on the view that, in the social as well as natural sciences, sensory experiences and their logical and mathematical treatment are together the exclusive source of all worthwhile information....
were gaining ground.
First blows were exchanged over a parochial letter written by Mgr. L. Delebecque, Bisshop of Brugge
Brügge
Brügge is a municipality in the district of Rendsburg-Eckernförde, in Schleswig-Holstein, Germany.Its small church and market square are noted for their beauty....
, in which he accused Prof. Wagener of "blasphemous" and "heretical" teachings and strongly condemned the University of Ghent. The letter was read in all churches in his diocese on Sunday 14 September 1856 and was followed by as similar action by the Bishop of Brugge
Brügge
Brügge is a municipality in the district of Rendsburg-Eckernförde, in Schleswig-Holstein, Germany.Its small church and market square are noted for their beauty....
, Mgr. J.B. Malou. The situation came to a head with the affair Laurent-Brasseur, two professors from Ghent who had, in the view of the clergy, made ex cathedra
Ex Cathedra
Ex Cathedra is a British choir and early music ensemble based in Birmingham in the West Midlands, England. It performs choral music spanning the 15th to 21st centuries, and regularly commissions new works....
statements contradicting the official teachings of the Church. The Church had, by means of the Convention of Antwerp, gained a solid influence in academic matters and used it. This affair brought to light the deep divisions between liberals and Catholics and the country was divided into two camps: a clerical one and an anti-clerical one who battled each other in every way possible.
School Struggle
After the liberal victory in the elections of 1878, Rolin-Jaequemyns accepted the post of Minister for the InteriorInterior minister
An interior ministry is a government ministry typically responsible for policing, national security, and immigration matters. The ministry is often headed by a minister of the interior or minister of home affairs...
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 much 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
Civil war
A civil war is a war between organized groups within the same nation state or republic, or, less commonly, between two countries created from a formerly-united nation state....
.
The liberals lost. Their initiative had united the Catholics and the network of schools founded in this period rapidly overarched 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
Excommunication
Excommunication is a religious censure used to deprive, suspend or limit membership in a religious community. The word means putting [someone] out of communion. In some religions, excommunication includes spiritual condemnation of the member or group...
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 CongoCongo Free State
The Congo Free State was a large area in Central Africa which was privately controlled by Leopold II, King of the Belgians. Its origins lay in Leopold's attracting scientific, and humanitarian backing for a non-governmental organization, the Association internationale africaine...
. He applauded the founding of the Association Internationale Africain in 1876 by King Leopold II
Leopold II of Belgium
Leopold II was the second king of the Belgians. Born in Brussels the second son of Leopold I and Louise-Marie of Orléans, he succeeded his father to the throne on 17 December 1865 and remained king until his death.Leopold is chiefly remembered as the founder and sole owner of the Congo Free...
and especially its scientific and philanthropic goals, even though its main mission was strictly colonial
Colonialism
Colonialism is the establishment, maintenance, acquisition and expansion of colonies in one territory by people from another territory. It is a process whereby the metropole claims sovereignty over the colony and the social structure, government, and economics of the colony are changed by...
. 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 Congo Conference in 1884 as a good opportunity to set clear standards for the establishments of colonial governments. The outcome of the conference on this point was greeted favourably by Rolin-Jaequemyns and other members of the institute but soon turned out to be of little practical value. Four years later Rolin-Jaequemyns was appointed member of the Conseil Supérieur for the Congo Free State, which had been created by Leopold II as a reaction to the rising criticism of the Belgian conduct. Like almost all members of the institute, Rolin-Jaequemyns refrained from any critical remarks when the details of atrocities in the Congo Free State became known. On the other hand he did not try to defend or apologize Leopold's colonial politics, like other Belgian legal experts like Félicien Cattier, Ernest Nys and Edouard Descamps had done.
Thailand
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 BritishUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
ambassador in December 1891, he met Prince Damrong of Siam, who had gone to Europe to search for a General Advisor for his half-brother King Chulalongkorn (Rama v). Following a hasty correspondence with Bangkok, the prince was able to offer Rolin-Jaequemyns an annual salary of ₤3000. Despite the opposition of his wife and his own poor health, he accepted. The Siam offer was his opportunity "to realize his dream to put into practice his principles of law and to ensure that respect for international law enabled a small, threatened country to resist the major powers."
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."
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 powersColonialism
Colonialism is the establishment, maintenance, acquisition and expansion of colonies in one territory by people from another territory. It is a process whereby the metropole claims sovereignty over the colony and the social structure, government, and economics of the colony are changed by...
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 Browning 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. Having already had taken possession of present day Vietnam and much of Cambodia and Laos, it seemed they sought to transform Siam into a protectorate
Protectorate
In history, the term protectorate has two different meanings. In its earliest inception, which has been adopted by modern international law, it is an autonomous territory that is protected diplomatically or militarily against third parties by a stronger state or entity...
. Rolin-Jaequemyns wrote that he was "convinced that this is a systematic campaign undertaken by colonial authorities of Annam and Cambodia destined to veil the little success as well as to justify the enormous costs of their interior administration." On 13 July 1893, three French gunships forced their way up the Chao Phya River to Bangkok
Bangkok
Bangkok is the capital and largest urban area city in Thailand. It is known in Thai as Krung Thep Maha Nakhon or simply Krung Thep , meaning "city of angels." The full name of Bangkok is Krung Thep Mahanakhon Amon Rattanakosin Mahintharayutthaya Mahadilok Phop Noppharat Ratchathani Burirom...
. Siamese fired on them from their land battery to which the French responded with devastating effect. Rolin-Jaequemyns played a major role in the negotiations after so- called Paknam Incident using his contacts in the top echelons of European society to negotiate directly with the French President and British Prime Minister thus subverting the self-interested colonial officials. These negotiations dragged on for 15 years and Siam lost large sections of its territory in modern-day Cambodia, Laos and Malaysia but it retained its independence.
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. 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 Dharmasastra
Dharmasastra
Dharmaśāstra is a genre of Sanskrit texts and refers to the śāstra, or Indic branch of learning, pertaining to Hindu dharma, religious and legal duty. The voluminous textual corpus of Dharmaśāstra is primarily a product of the Brahmanical tradition in India and represents the elaborate scholastic...
, a buddhist
Buddhism
Buddhism is a religion and philosophy encompassing a variety of traditions, beliefs and practices, largely based on teachings attributed to Siddhartha Gautama, commonly known as the Buddha . The Buddha lived and taught in the northeastern Indian subcontinent some time between the 6th and 4th...
system) while bringing them up to date with modern requirements.
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
Thammasat University
Thammasat University , or in brief TU , is Thailand's second oldest university. Officially established on 27 June 1934, the university was originally named by founder Pridi Banomyong, University of Moral Science and Politics , reflecting the political fervor of the time...
in Bangkok
Bangkok
Bangkok is the capital and largest urban area city in Thailand. It is known in Thai as Krung Thep Maha Nakhon or simply Krung Thep , meaning "city of angels." The full name of Bangkok is Krung Thep Mahanakhon Amon Rattanakosin Mahintharayutthaya Mahadilok Phop Noppharat Ratchathani Burirom...
.
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 Chao Phya., the highest non-royal rank in Siamese hierarchy. This non-heredity honour is normally reserved for provincial governors and cabinet ministers. Abhai Raja is the Thai personal name accorded by the King at the same time.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" and (in academic circles) see him as one of the giants of the legal profession. 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
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
in which disputes amongst nations are now settled peacefully .
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
Sources
- Speech by Prof. Dr. J. Herbots about Gustave Rolin-Jaequemyns. http://www.law.kuleuven.ac.be/jura/38n4/herbots.htm
- Beknopte geschiedenis van de Liberale Partij, Prof. dr. Marcel Bots, 1989, Liberaal Archief http://www.liberaalarchief.be/Botsinhoud.html
- Schets eener geschiedenis der Vlaamsche Beweging, Paul Fredericq, Ghent, 1908" http://www.dbnl.org/tekst/fred002sche01_01/
- De Heilige Stoel en de zaal Laurent-Brasseur (1856), Dr. E. Lamberts, Belgisch Tijdschrift voor Nieuwste Geschiedenis, 2 (1970) 83-111. http://www.flwi.ugent.be/btng-rbhc/pdf/BTNG-RBHC,%2002,%201970,%202,%20pp%20083-111.pdf
- Biography of Tobias Asser http://www.inghist.nl/Onderzoek/Projecten/BWN/lemmata/bwn2/asser.
- British Financial Advisers in Siam in the Reign of King Chulalongkorn, Ian Brown, Modern Asian Studies, Vol. 12, No. 2 (1978), pp. 193-215 http://links.jstor.org/sici?sici=0026-749X(1978)12%3A2%3C193%3ABFAISI%3E2.0.CO%3B2-W
- Website of the Rolin-family about Gustave Rolin-Jaequemyns http://www.rolin.org/index.cfm?fuseaction=Content.DisplayCat&Category_ID=E0F22775-6C9D-42D3-A34A76B57A89606D&Lang=FR
- "Letter of mourning" on Ars Moriendi http://www.ars-moriendi.be/ROLINL2.HTM
Literature
- 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 9-74-889878-4
- 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 9-74-849658-9
- 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,
- Nationalism, Universalism, Empire: International Law in 1871 and 1919. Martti Koskenniemi, Conference Proceedings Whose International Community? Universalism and the Legacies of Empire., Columbia University, April 29–30, 2005
- Chao Phya Abhai Raja Gustave Rolin-Jaequemyns, General Advisor of H.M. King Chulalongkorn. Various authors, Limited editions published in English (Januari 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