COMMITTEE OF LEGAL ADVISERS ON PUBLIC INTERNATIONAL LAW (CAHDI) www.coe.int/cahdi

Public international law

General Meetings Texts and Documents Activities relating to the ICC Contacts Français

In a political climate which encourages interdependence between states, international law is constantly developing, and is increasingly becoming a key factor in the organisation of inter-state relations.  The Council of Europe is accordingly working to co-ordinate its member states’ activities in this field. The Council of Europe does it through its Committee of Legal Advisers on Public International Law (CAHDI), an intergovernmental committee which brings together the legal advisers of the Ministries for foreign affairs of the member States of the Council of Europe as well as of a significant number of observer States and Organisations. In this site you will be able to find out about the CAHDI, its structure, composition, functioning, as well as its activities including adopted texts, publications and unrestricted working documents. Analytical Guide to the work of the CAHDI. Specific terms of reference of the CAHDI

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Databases

39th meeting Strasbourg, 18-19 March 2010

· State practice regarding State Immunities - database

· Organisation and functions of the Office of the Legal Adviser in the Ministry for Foreign Affairs – database · Implementation of UN sanctions and respect for human rights – database · Digests of state practice - database

NEWS

CAHDI report on the so-called disconnection clause in international law In the framework of its 36th meeting the CAHDI adopted a report on the consequences of the so-called “disconnection clause” in international law in general and for Council of Europe conventions, containing such a clause, in particular. At its 1044th meeting on 10 December 2008 the Committee of Ministers took note of this report. International Courts and Tribunals – The Challenges ahead London, 6-7 October 2008 The Conference brought together the Presidents, Prosecutors and Registrars of International Courts and Tribunals with the Legal Advisers to the Foreign Ministers of the Council of Europe's member states to discuss the practical challenges these courts and tribunals face. Programme - Conference information - Conclusions

Peaceful settlement of disputes – The Council of Europe issues two new Recommendations to member States - Recommendation Rec(2008)8 of the Committee of Ministers to member states on the acceptance of the jurisdiction of the International Court of Justice - Explanatory memorandum - Recommendation Rec(2008)9 of the Committee of Ministers to member states on the nomination of international arbitrators and conciliators - Explanatory memorandum

UN Sanctions and Human Rights

The European Convention on Human Rights, Due Process and United Nations Security Council Counter-Terrorism Sanctions The study prepared by Professor Iain Cameron examines the problems caused for due process by sanctions introduced by the UN Security Council in the context of counter-terrorism. It analyses the case-law of the European Court of Human Rights relevant to the issue. It also addresses the question whether the European Convention on Human Rights (ECHR) standards can be said to represent general human rights principles in the field. Finally, it examines the extent to which Council of Europe states bear a residual responsibility under the ECHR for the adoption and implementation of UN Security Council targeted sanctions - access the study. Disclaimer: The views expressed in this study are solely those of the author and do not necessarily reflect the views of the Council of Europe or its member States. See also Professor Bardo Fassbender’s: Targeted Sanctions and Due Process, study commissioned by the United Nations Office of Legal Affairs – Office of the Legal Counsel Implementation of UN sanctions and respect for human rights – database (restricted)

Publication

State Practice regarding State Immunities/La Pratique des Etats relative aux Immunités des Etats Edited by Gerhard Hafner, Marcelo G. Kohen and Susan Breau This book is the result of the Council of Europe Pilot Project on State Practice regarding State Immunities carried out under the auspices of the Committee of Legal Advisers on Public International Law (CAHDI) since 2002. It presents and analyses the material submitted by 27 Member States and one Observer State of the Council of Europe, including decisions of national courts, relevant legislation and other documents. The analytical report was undertaken by the Department of European, International and Comparative Law of the University of Vienna, the British Institute of International and Comparative Law and the Graduate Institute of International Studies, Geneva. It compares State practice with the relevant articles of the UN Convention, the European Convention on State Immunity and the draft articles prepared by academic institutions. It is the first in-depth analysis of European State practice in the field of State immunity. Such a broad analysis is essential, in particular for the ascertainment of customary international law.

Previous meetings

38th meeting Strasbourg, 10-11 September 2009 Agenda - Documents

37th CAHDI meeting, Strasbourg, 19-20 March 2009 Agenda – Documents

36th CAHDI meeting, London, 7-8 October 2008 Agenda – Documents Special guest: Ms. Patricia O'Brien United Nations Under-Secretary-General The Legal Counsel

P. O’Brien

35th CAHDI meeting Strasbourg, 6-7 March 2008 Agenda - Documents

N. Michel

Special guest: Mr Nicolas Michel, UN Under-Secretary-General for Legal Affairs and UN Legal Counsel Statement

34th meeting of the CAHDI Strasbourg, 10-11 September 2007 Special guests: P. Couvreur, Registrar of the International Court of Justice (ICJ) M. Koskenniemi, Erik Castrein Institute of International Law A. Pellet, member of the ILC Agenda - Documents – Summary - Report

P. Couvreur

M. Koskenniemi

A. Pellet

33rd meeting of the CAHDI Strasbourg, 22-23 March 2007 Special guests: Tjaco van den Hout, Secretary-General of the Permanent Court of Arbitration Agenda - Documents – Summary - Report

T. van den Hout

Second informal meeting of the Parties to the European Convention on State Immunity (ETS 074, see also its Additional Protocol) Athens, 13 September 2006 Outcome See 1st meeting Outcome & working documents

32nd meeting of the CAHDI Athens, 13-14 September 2006 Special guests: - Mr Kirsch, President of the International Criminal Court (statement by Mr Kirsch) - Mr. Moreno Ocampo, Prosecutor of the ICC - Mr Economides, member of the International Law Commission Agenda - Documents – Summary - Report

P. Kirsch

31st meeting of the CAHDI Strasbourg, 23-24 March 2006 Special guests: - Professor Cameron, who presented his report on The European Convention on Human Rights, Due Process and United Nations Security Council Counter-Terrorism Sanctions (see above) - Mr Scheinin, Special UN rapporteur on Terrorism and Human Rights Agenda - Documents – Summary - Report

M. Scheinin

30th meeting of the CAHDI Strasbourg, 19-20 September 2005 Special guests: - Mr Rosas, President of Chamber, member of the Court of Justice of the European Communities - Professor Koskenniemi, member of the International Law Commission - Mr Henckaerts, Legal Adviser of the ICRC Professor Hafner, Director of the Institute of International Law, University of Vienna Agenda - Documents - Summary - Report

A. Rosas

29th meeting of the CAHDI Strasbourg, 17-18 March 2005 Special guests: The members of the Bureau of the International Court of Conciliation and Arbitration (ICCA) within the OSCE Agenda - Documents - Summary - Report

R. Badinter, President of the ICCA

28th meeting of the CAHDI 13-14 September 2004 Following the kind invitation of the Swiss authorities this meeting was held in Lausanne (Switzerland). Special guest: the President of the International Committee of the Red Cross (ICRC) Agenda - Documents - Summary - Report

J. Kellenberger

27th meeting of the CAHDI 18-19 March 2004 Mr Luis Moreno Ocampo, Chief Prosecutor of the International Criminal Court attended the 27th meeting of the CAHDI and had an exchange of views with the Committee members on developments concerning the ICC. (His statement) Agenda - Documents - Summary - Report

L. Moreno Ocampo