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Tobias
Michael Carel Asser (April 28, 1838-July 29, 1913) was born in Amsterdam
into a family with a tradition in the field of law, both his father and
his grandfather having been well-established lawyers and his uncle having
served as the Dutch minister of justice. A brilliant student, young Asser
won a competition in 1857 with his thesis On the Economic Conception of
Value. Although this achievement may have confirmed an early decision
to take up a career in the business world, he changed his mind and went
on to study law at the Athenaeum in Amsterdam, taking a doctor's degree
in 1860 at the age of twenty-two. In that same year, the Dutch government
appointed him a member of an international commission which was to negotiate
the abolition of tolls on the Rhine River.
Asser practiced law for a brief period but devoted his life mainly to
teaching, scholarship, and politics. In 1862 he accepted a teaching position
at the Athenaeum as professor of private law; in 1876, when the institution
became the University of Amsterdam, he continued as a professor of international
and commercial law while continuing a reduced legal practice.
Early in his scholarly career, Asser turned to the problems of international
law, dedicating himself particularly to the area of international private
law in which he soon acquired a position of leadership. Believing that
legal conflicts between nations could best be solved by international
conferences which would agree on common solutions to be implemented by
each participating nation, he persuaded the Dutch government to call several
conferences of European powers to work out a codification of international
private law. Attended by representatives of most of the countries of Europe,
the first two of these conferences, held at The Hague in 1893 and 1894
and over which Asser presided, drew up a treaty, made effective in May,
1899, establishing a uniform international procedure for conducting civil
trials. Asser also presided over the conferences of 1900 and 1904, which
resulted in several important treaties governing international family
law, including matters relating to marriage, divorce, legal separation,
and guardianship of minors.
Asser's interest in international law led him, along with the Belgian
Gustave Rolin-Jaequemyns and the Englishman John Westlake, to found a
journal of international law, Revue de droit international et de législation
comparée in 1869. Four years later he was one of those invited by Rolin-Jaequemyns
to take part in the small international conference at Ghent which founded
the Institute of International Law, an organization which Asser later
headed. Active in efforts to establish an academy of international law,
Asser died before such an academy became a reality at The Hague in 1923.
Asser's contributions
to the literature of law were a vital part of his efforts. Among his more
important works are Schets van het internationaal Privatrecht (1877) and
Schets van het Nederlandsche Handelsrecht (1904).
Asser also participated in the practical politics of international affairs.
He accepted a position as legal adviser to the Netherlands Ministry of
Foreign Affairs in 1875; became a member of the Council of State, the
highest administrative body in the government, in 1893; served as president
of the State Commission for International Law beginning in 1898; acted
as his country's delegate to the Hague Peace Conferences of 1899 and 1907,
there urging that the principle of compulsory arbitration be introduced
in the economic area; held a post as minister without portfolio from 1904
until his death.
Noted as a negotiator, Asser was involved during this period from 1875
to 1913 in virtually every treaty concluded by the Dutch government. One
of his triumphs was the securing of a seat for Spain and for The Netherlands
beside France, England, Germany, Austria, Italy, Russia, and Turkey on
the Suez Canal Commission, the body that drew up the Suez Canal Convention
of 1888 guaranteeing the canal's neutrality. Noted also as an arbiter
of international disputes, he sat as a member of the Permanent Court of
Arbitration that heard the first case to come before that court - the
Pious Fund dispute between the United States and Mexico (1902).
Asser was an accomplished linguist, handling effectively the German, French,
and English languages, as well as his native Dutch. For his scholarship
and its application to the affairs of government he was awarded honorary
degrees by the Universities of Edinburgh, Cambridge, Bologna, and Berlin.
Housed in the Peace Palace at The Hague, a library of international law
which he gathered with the help of contributions from twenty countries
has been named «The Asser Collection».
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