ECHR and Public International Law
Under its terms of reference, the CAHDI is required to "review recent developments regarding international disputes, namely cases before the European Court of Human Rights involving issues of public international law".
The CAHDI has addressed this issue since its 34th meeting (Strasbourg, 10-11 September 2007), the aim being to review cases (both cases pending and judgments and decisions) before the European Court of Human Rights involving issues of public international law.
In practice, this agenda item is dealt with orally at the meetings. National delegations refer to and comment on cases in which they are parties or in which they have a particular interest.
This CAHDI activity has two main benefits:
- keeping states informed of current cases;
- highlighting the great interaction between the case-law of the European Court of Human Rights and public international law. The Court often reiterates that the Convention must be applied in accordance with the principles of international law.*
This issue has acquired a new perspective and new significance in the light of the on-going negotiations on the question of EU accession to the European Convention on Human Rights.
*See, in particular, Streletz, Kessler and Krenz v. Germany [GC], No. 34044/96; 35532/97; 44801/98, §90, ECHR 2001-II, and Iglesias Gil and A.U.I. v. Spain, No. 56673/00, §51, ECHR 2003-V.
At the CAHDI's 19th meeting (Berlin, 13-14 March 2000), Mr Theodore Meron, Professor of Public International Law at New York University School of Law, presented his report on the Implications of the European Convention on Human Rights for the Development of Public International Law, which was subsequently published (see Appendix III to the meeting report).