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Tobias Asser

From Wikipedia, the free encyclopedia
Dutch lawyer and academic (1838–1913)

Tobias Asser
Black and white photo of the head of a man
Tobias Asser in 1911
Born
Tobias Michel Karel Asser

(1838-04-28)28 April 1838
Amsterdam, Netherlands
Died29 July 1913(1913-07-29) (aged 75)
The Hague, Netherlands
Known forFounder of thePermanent Court of Arbitration
Spouse
Johanna Ernestina Asser
(m. 1864)
Parent(s)Carel Daniël Asser sr. (father)
Rosette Godefroi (mother)
AwardsNobel Peace Prize (1911)
Academic background
Alma materUniversity of Amsterdam,
Leiden University (PhD)
ThesisGeschiedenis der beginselen van het Nederlandsche Staatsregt omtrent het bestuur der buitenlandsche betrekkingen (1860)
Doctoral advisorSimon Vissering
Academic work
DisciplinePublic international law
Private international law
InstitutionsUniversity of Amsterdam

Tobias Michael Carel Asser (Dutch pronunciation:[ˈtoːbijɑsmiˈɕɛlˈkaːrəlˈɑsər]; 28 April 1838 – 29 July 1913) was a Dutch lawyer andlegal scholar.In 1911, he won theNobel Peace Prize (together withAlfred Fried) for his role in the establishment of thePermanent Court of Arbitration at the FirstHague Peace Conference in 1899 and for his achievements in establishing theHague Conference on Private International Law (HCCH).

Life

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Tobias Michael Carel Asser was born on 28 April 1838 inAmsterdam, the Netherlands, in a Jewish family.[1][2] He was the son of Carel Daniel Asser (1813–1885) and grandson ofCarel Asser (1780–1836). He studied law at theUniversity of Amsterdam andLeiden University and was a law professor at the University of Amsterdam.

Asser co-founded theRevue de Droit International et de Législation Comparée withJohn Westlake andGustave Rolin-Jaequemyns. He also co-founded theInstitut de Droit International[3] in 1873. In 1880 he became a member of theRoyal Netherlands Academy of Arts and Sciences.[4]

The Hague Conference on Private International Law

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Asser was a leading legal mind in the area of private international law and firmly believed that sound legal frameworks that govern private cross-border relationships would promote peace and stability. In 1893, Asser initiated the convocation of the First Diplomatic Session of the HCCH, the preeminent global organisation in the area ofprivate international law. The participating States were Austria-Hungary, Belgium, France, Germany, Italy, Luxembourg, Netherlands, Portugal, Romania, Russia, Spain, and Switzerland. Asser was elected the Session's President, and subsequently re-elected at the Second to Fourth Session which took place in 1894, 1900 and 1904 respectively. Under his leadership, the HCCH developed some multilateral treaties, the Hague Conventions, that unified the rules of private international law in the areas ofMarriage (1902),Divorce (1902),Guardianship (1902),Civil Procedure (1905),Effects of Marriage (1905), andDeprivation of Civil Rights (1905).

In 1911, Asser received theNobel Peace Prize. In his Award Ceremony Speech on 10 December 1911, Chairman of the Nobel CommitteeJørgen Gunnarsson Løvland emphasised specifically Asser's work in the field of private international law, and his achievements in establishing the HCCH, as reasons for receiving the Nobel Peace Prize, describing Asser as "a successor to or reviver of The Netherlands' pioneer work in international law in the seventeenth century", theHugo Grotius of his time.[5]

The Hague Peace Conferences

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He was a delegate of the Netherlands to bothHague Peace Conferences in 1899 and 1907, where he urged the principle of compulsory arbitration be introduced in the economic area[6] and contributed to the creation of thePermanent Court of Arbitration as the first global mechanism for the peaceful settlement of international disputes.[3]

The Permanent Court of Arbitration

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In 1902, he sat on the first arbitration panel to hear an international controversy brought by two states under the auspice of thePermanent Court of Arbitration, which was established as a result of theHague Peace Conference of 1899 (thePious Fund of the Californias Case[7]). He also took a hand in the establishment of what would becomeThe Hague Academy of International Law, though he did not live to see its foundation in 1923.[3]

Asser died on 29 July 1913 in The Hague.

Namesake

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A research institute in the fields of Private and Public International Law,European Law and International Commercial Arbitration is named after Tobias Michael Carel Asser. This is theT.M.C. Asser Instituut, based inThe Hague, Netherlands.[8]

See also

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References

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  1. ^In quest of liberty, justice, and peace: a new biography on Asser’s private and public life. Asser Institute. Retrieved on 22 July 2023.
  2. ^(in Dutch) C. G. Roelofsen, "Asser, Tobias Michel Karel (1838–1913)",Biografisch Woordenboek van Nederland, 2013. Retrieved on 5 May 2015.
  3. ^abc"In Memoriam: T. M. C. Asser".American Journal of International Law.8 (2).American Society of International Law:343–44. April 1914.doi:10.1017/S0002930000769867.
  4. ^"Tobias Michaël Carel Asser (1838–1913)". Royal Netherlands Academy of Arts and Sciences. Retrieved26 July 2015.
  5. ^"Tobias Asser – Facts".nobelprize.org. Retrieved3 November 2017.
  6. ^"Busts | PCA-CPA". Retrieved13 December 2024.
  7. ^"Cases | PCA-CPA". Retrieved13 December 2024.
  8. ^"Tobias M.C. Asser".T.M.C. Asser Instituut. Retrieved26 April 2022.

External links

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