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Back Activity report of the CAHDI - 2002

In 2002 the Committee of Legal Advisers on Public International Law (CAHDI) held two meetings in order to examine questions of public international law, to exchange and, if appropriate, to co-ordinate the views of member States at the request of the Committee of Ministers, Steering Committees and Ad Hoc Committees and at its own initiative.

The CAHDI continued to operate as a European Observatory of Reservations to International Treaties and to consider outstanding reservations to international treaties concluded within and outside the Council of Europe. Moreover, following the decision taken by the CAHDI at its 23rd meeting, the CAHDI considered reservations to certain international treaties applicable to the fight against terrorism.

The Committee also held exchanges of views concerning the following issues: implementation of international instruments protecting the victims of armed conflicts; developments concerning the International Criminal Court (in particular those relating to the non-surrender bilateral agreements being negotiated and concluded in the light of Article 98 of the Rome Statute; and the adoption of draft specific terms of reference for the setting up of a Group of Experts for consultation on the International Criminal Court (PC-S-ICC), which is to include a representative of the CAHDI); implementation and functioning of the Tribunals established by UN Security Council Resolutions 827 (1993) and 955 (1994); protection of sub aquatic cultural heritage and work under way within the framework of UNESCO; the activity of the General Assembly of the United Nations, of the UN Ad Hoc Committee on Jurisdictional Immunities of States and their Property, and of the International Law Commission (ILC).

The Committee adopted an opinion about Parliamentary Assembly Recommendation No. 1523 (2001) on domestic slavery and an opinion concerning the possibility of a partial denunciation of the 1963 Convention on the reduction of cases of multiple nationality and military obligations in cases of multiple nationality.

The Committee continued the implementation of the Pilot Project of the Council of Europe on State practice regarding State immunities.

The CAHDI held exchanges of views with Mrs Geneviève Burdeau, Secretary General of the Hague Academy of International Law, Professor Bruno Simma, member of the ILC and Professor Gerhard Hafner, Chairman of the UN Ad Hoc Committee on Jurisdictional Immunities of States and their Property.

The CAHDI admitted the Federal Republic of Yugoslavia (now Serbia and Montenegro) as observer to the Committee.

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