GROUP OF EXPERTS ON RESERVATIONS TO INTERNATIONAL TREATIES (DI-E-RIT)

Specific terms of reference*

1. Name of committee: GROUP OF EXPERTS ON RESERVATIONS TO INTERNATIONAL TREATIES (DI-E-RIT)

2. Type of committee: Committee of Experts

3. Source of terms of reference: Ad hoc Committee of Legal Advisers on Public International Law (CAHDI)

4. Terms of reference:

In the framework of the operation of the CAHDI as a European observatory of reservations to multilateral treaties of significant importance to the international community and of reactions by Council of Europe member States Parties to these instruments, the Group is called upon to:

• a. assist the CAHDI in carrying out the observation procedure;
• b. examine reservations and interpretative declaration to multilateral treaties of significant importance to the international community;
• c. bring to the attention of the members of the CAHDI those reservations and interpretative declarations which raise issues as to their admissibility from the point of view of international law and in particular from the human rights perspective;
• d. prepare reports concerning the admissibility of the above-mentioned reservations and interpretative declarations for the attention of the members of the CAHDI; and
• e. contribute in any other related manners to the activity of the CAHDI as an European observatory of reservations to international treaties.

5. Membership of the committee:

• a. All member States may appoint an expert in the Group.
• b. The Council of Europe bears the travel and subsistence expenses of 7 experts, one from each of the following countries: Croatia, Finland, Netherlands, Romania, Russia, Spain and Turkey.
• c. The European Community may appoint a representative without reimbursement of expenses nor right to vote.
• d. Representatives of the following organisations and countries will be invited to take part as observers in the meetings of the Group:
  • - The Hague Conference on Private International Law
  • - Organisation for Economic Co-operation and Development (OECD)
  • - North Atlantic Treaty Organisation (NATO)
  • - Armenia
  • - Australia
  • - Azerbaijan
  • - Canada
  • - Holy See
  • - Japan
  • - New Zealand
  • - United States of America
  • - United States of Mexico
  • - The United Nations and its specialised agencies

6. Working structures and methods:

• a. The Group is co-ordinated by the representative of Austria in the CAHDI, Ambassador Franz CEDE.
• b. In carrying out its terms of reference, the Group may have recourse to specialists.

7. Duration: The present terms of reference expire on 31 December 1999.

(*)Approved by the Committee of Ministers at Deputies level, 649th meeting, 17 November 1998 (CM/Dec(98) 615/10.2, 631/10.1, CM(98)64, CM(98)172).