Reports of activities of the CAHDI
 

General

Texts & documents

Conferences

Reports of activities of the CAHDI

REPORT 2011

In 2011, the Committee of Legal Advisers on Public International Law (CAHDI) continued its efforts towards the consolidation and promotion of international co-operation in the field of public international law.

The Committee held two meetings in order to examine topical 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 on its own initiative (respectively the 41st meeting in Strasbourg on 17-18 March 2011 and the 42nd meeting in Strasbourg on 22-23 September 2011).

Most relevant, the CAHDI prepared opinions for the attention of the Committee of Ministers, the Secretary General and the Steering Committee for Human Rights (CDDH). During its 41st meeting and at the request of the Committee of Ministers of 2 March 2011, the CAHDI conducted discussions on the draft Council of Europe Convention on preventing and combating violence against women and domestic violence and presented the results of these discussions to the Committee of Ministers, which adopted – at its 1111th meeting (6-7 April 2011) – the Council of Europe Convention preventing and combating violence against women and domestic violence. Furthermore, at its 42nd meeting, the CAHDI held an exchange of views on the Preliminary Draft Report of the Secretary General on the Outline of Council of Europe Convention review, which was forwarded to the Secretary General. Finally, at the same meeting and at the request of the CDDH, the CAHDI examined the possibility of introducing a simplified procedure for the amendment of certain provisions of the European Convention on Human Rights and adopted an opinion on this matter.

In its capacity as the European Observatory of Reservations to International Treaties, the CAHDI continued to examine outstanding reservations to international treaties concluded within and outside the Council of Europe, co-coordinated the reactions of member States thereto, and listed the objections to the aforesaid reservations.

The CAHDI also continued to develop its databases on:

As for the issue of State Practice and case-law regarding State Immunities, the CAHDI followed closely the state of signatures and ratifications to the UN Convention on Jurisdictional Immunities of States and their Property. The Committee also launched a discussion on the existing practice of Legal Advisers to follow cases pending in national tribunals that concern States’ or international organisations’ immunities and their possibilities, under domestic legislation and practice, to present public international law issues in such proceedings.

As for the issue of the Implementation of UN Sanctions and respect for Human Rights, Ms Kimberly PROST, Ombudsperson at the UN Security Council Committee created by Resolution 1267 (1999) concerning Al-Qaida and the Taliban, was invited to the 41st meeting of the CAHDI, where she held an exchange of views with the members of the Committee. Furthermore, the CAHDI pursued its discussions on cases that have been eventually submitted to national tribunals by persons or entities removed from the lists established by the UN Security Council Sanctions Committees.

In 2011, the CAHDI followed closely the issue of the European Union’s accession to the European Convention on Human Rights. In this regard, Mr Jean-Claude BONICHOT, Judge at the Court of Justice of the European Union was invited to the 41st meeting of the CAHDI, where he held an exchange of views with the members of the Committee on this issue. Furthermore, Mr Erik WENNERSTRÖM (Sweden), observer of the CAHDI to the Informal Working Group on the Accession of the European Union to the European Convention on Human Rights (CDDH – UE) informed the Committee of the progress in the work of the CDDH – UE during its 41st and the 42nd meetings.

Regarding general issues of public international law, the CAHDI welcomed Mr Stephen MATHIAS, Assistant Secretary-General for Legal Affairs of the United Nations at its 42nd meeting, where he held an exchange of views with the members of the CAHDI with regard, inter alia, to the concept of the “responsibility to protect”, the UN-established and UN-backed international criminal courts and tribunals, as well as the “fair and clear procedures” for the United Nations sanctions regimes.

Regarding the consideration of current issues of international humanitarian law, Mr Maurizio MORENO, President of the International Institute of Humanitarian Law presented the work of the Institute to the CAHDI at its 42nd meeting, and held an exchange of views with its members on this matter.

The CAHDI also considered topical issues of international law, and in this regard, proceeded with an exchange of views with Mr Hans Van LOON, Secretary General of the Hague Conference on Private International Law during its 41st meeting.

Furthermore, on the basis of contributions from delegations, the CAHDI continued in 2011 to consider, inter alia, the following matters:

2011 has also been marked by intensive contacts with other international entities, notably with the UN International Law Commission (ILC). In addition to the longstanding annual exchange of views between the ILC, the Chair of the CAHDI and the Jurisconsult of the Council of Europe (Geneva, 8 July 2011), Ms Concepción ESCOBAR HERNÁNDEZ (Spain), Vice-Chair of the CAHDI and member of the ILC, presented the recent activities of the ILC during the 42nd meeting of the Committee.

Finally, pursuant to the statutory regulation, at its 42nd meeting, the CAHDI re-elected Ms. Edwige BELLIARD (France) and Ms. Concepción ESCOBAR HERNÁNDEZ (Spain), as respectively Chair and Vice-Chair of the Committee, for one year, with effect from 1 January 2012

REPORT 2010

In 2010, the Committee of Legal Advisers on Public International Law (CAHDI) continued its efforts towards the consolidation and promotion of international co-operation in the field of public international law.

The Committee held two meetings in order to examine topical 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 on its own initiative (respectively 39th meeting in Strasbourg on 18-19 March 2010 and 40th meeting in Tromsø, Norway, 16-17 September 2010).

In particular, at its 39th meeting the CAHDI adopted an opinion on the Parliamentary Assembly of the Council of Europe Recommendation Rec 1888 (2009) – “Towards a New Ocean Governance" and at its 40th meeting CAHDI adopted opinions on the Parliamentary Assembly Recommendations Rec 1913 (2010) – “The necessity to take additional international legal steps to deal with sea piracy” and Rec 1920 (2010) “Reinforcing the effectiveness of Council of Europe treaty law”. Moreover, following the request by the Committee of Ministers of 21 April 2010, an ad hoc mandate was given to the CAHDI to study the Venice Commission’s report on “Private Military and Security Firms and Erosion of the State Monopoly on the use of force”, based on the Recommendation 1858 (2009) of the Parliamentary Assembly of the Council of Europe on “Private Military and Security Firms and the Erosion of the State Monopoly on the Use of Force”. The Venice Commission report was examined at the CAHDI’s 40th meeting and the Committee adopted its opinion on the propositions that were formulated in the said report.

In its capacity as the European Observatory of Reservations to International Treaties, the CAHDI continued to examine outstanding reservations to international treaties concluded within and outside the Council of Europe, co-coordinated the reactions of member States thereto, and listed the objections to the aforesaid reservations.

The CAHDI also continued to develop its databases on:

As for the issue of State Practice and case-law regarding State Immunities, the CAHDI followed closely the pace of signatures and ratifications to the UN Convention on Jurisdictional Immunities of States and their Property. The Committee also launched a discussion on the existing practice of Legal Advisers to follow cases pending in national tribunals that concern States’ or international organisations’ immunities and their possibilities, under domestic legislation and practice, to present public international law issues in such proceedings.

As for the issue of the Implementation of UN Sanctions and respect for Human Rights, the Committee also launched, at its 40th meeting, a discussion on cases that have been eventually submitted to national tribunals by persons or entities removed from the lists established by the UN Security Council Sanctions Committees.

Regarding the developments concerning the European Court of Human Rights (ECtHR), Mr Jean-Paul Costa, President of the ECtHR was invited to the 39th meeting of the CAHDI where he held an exchange of views with the members of the Committee with regard to the outcome of the High Level Conference on the Future of the European Court of Human Rights (Interlaken, 18-19 February 2010) as well as and the accession of the European Union to the ECHR.

In 2010 the CAHDI followed closely the consideration of the above mentioned issue of the accession of the European Union to the European Convention on Human Rights. In this respect, the CAHDI proceeded with a series of exchanges of views on this matter, namely with Mr Erik Fribergh, Registrar of the European Court of Human Rights (ECtHR); Ms Tonje Meinich, Chair of the CDDH Informal Working Group on the Accession of the European Union to the European Convention on Human Rights (CDDH – UE); and Ms Sonja Boelaert, Legal Service, External Relations of European Commission.

The Committee also elected Mr Erik Wennerström (Sweden) as an observer on behalf of the CAHDI in the CDDH’s Informal Working Group on the Accession of the European Union to the European Convention on Human Rights (CDDH-UE).

Furthermore, on the basis of contributions from delegations, the CAHDI continued in 2010 to consider, inter alia, the following matters:

2010 has been particularly marked by intensive contacts with other international entities, in particular the UN International Law Commission (ILC). In addition to longstanding annual exchange of views between the ILC, the Chair of the CAHDI and the Jurisconsult of the Council of Europe (Geneva, 20 July 2010), the Jurisconsult of the Council of Europe submitted to the UN Under-Secretary-General for Legal Affairs comments and observations on the ILC’s Draft Articles on Responsibility of International Organisations. The Jurisconsult prepared the latter in consultation with the CAHDI.

Moreover, at 39th meeting, the CAHDI held an exchange of views with Mr Sean Hagan, General Counsel, Director of the Legal Department of the International Monetary Fund (IMF). Mr Joel Sollier, Director of the Office of Legal Affairs of INTERPOL, also contributed actively to both meeting of the Committee in 2010.

Finally, pursuant to the statutory regulation, at its 40th meeting, the CAHDI elected Ms. Edwige Belliard (France) and Ms. Concepción Escobar Hernández (Spain), as respectively Chair and Vice-Chair of the Committee, for one year, with effect from 1 January 2011.

REPORT 2009

In 2009, the Committee of Legal Advisers on Public International Law (CAHDI) continued its efforts towards the consolidation and promotion of international co-operation in the field of public international law

The Committee held two meetings in order to examine topical 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 on its own initiative.

In particular, following the request by the Committee of Ministers, the CAHDI produced – at its 37th meeting (19-20 March 2009) – an opinion, essential for the Council of Europe discussion on the future of the European Court of Human Rights. Awaiting the entry into force of Protocol 14 to the European Convention on Human Rights, the CAHDI opinion proposed solutions consistent with the urgency of the situation, at the same time respecting the governing principles of public international law and discussed the advisability and modalities of inviting the European Court of Human Rights to put into practice certain procedures already envisaged to increase the Court’s case-processing capacity, in particular the new single-judge and committee procedures.

In its capacity as the European Observatory of Reservations to International Treaties, the CAHDI continued to examine outstanding reservations to international treaties concluded within and outside the Council of Europe, co-coordinated the reactions of member States thereto, and listed the objections to the aforesaid reservations. The CAHDI further considered the list of possibly problematic reservations to international treaties applicable to the fight against terrorism which the Committee had drawn up in pursuance of the Committee of Ministers’ decision of 21 September 2001. At its 37th meeting, the Committee transmitted the updated version of the said list to the Committee of Ministers.

The CAHDI also continued to develop its databases on:

As for the issue of State Practice and case-law regarding State Immunities, the CAHDI followed closely the pace of signatures and ratifications to the UN Convention on jurisdictional immunities of States and their property. The Committee also launched a discussion on the existing practice of Legal Advisers to follow cases pending in national tribunals that concern States’ or international organisations’ immunities and their possibilities, under domestic legislation and practice, to present public international law issues in such proceedings.

Furthermore, on the basis of contributions from delegations, the CAHDI continued to consider, inter alia, the following matters:

In 2009, the Committee also took note of the Parliamentary Assembly of the Council of Europe (PACE) Recommendation 1870 (2009) – “Protecting financial aid granted by Council of Europe member States to poor countries against financial funds known as “vulture funds”, and PACE Recommendation 1871 (2009) – “Ban on cluster munitions”.

The CAHDI also continued to consolidate its relations with other actors within the international community. In this respect, in 2009 the CAHDI held an exchange of views with a number of special guests, namely Mr. Georg Nolte, a member of the International Law Commission (ILC) on the work of the 61st session of the ILC and that of the Sixth Committee and Professor Jan Erik Helgesen, President of the European Commission for Democracy through Law (Venice Commission) on the work of the latter.

Finally, special reference should be also made to the exchange of views on the work of the CAHDI between the Chair of the Committee and the Ministers’ Deputies, which took place on the 1st of July 2009, at the 1062nd meeting of the Ministers’ Deputies.

REPORT 2008

In 2008, The Committee of Legal Advisers on Public International Law (CAHDI) held two meetings in order to examine topical 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 on its own initiative.

In its capacity as the European Observatory of Reservations to International Treaties, the CAHDI continued to examine outsanding reservations to international treaties concluded within and outside the Council of Europe.It has also co-coordinated the reactions of member States thereto and has listed the objections to the aforesaid outstanding reservations. The CAHDI further continued its consideration of possiblly problematic reservations to international treaties applicable to the fight against terrorism in the light of the list it had drawn up in pursuance of the Committee of Ministers’ decision of 21 September 2001.

The CAHDI pursued its consideration of the state practice concerning state immunities and followed closely the pace of signatures and ratifications to the UN Convention on jurisdictional immunities of states and their property.

Furthermore, the CAHDI took note of cases before the European Court of Human Rights involving issues of public international law.

The CAHDI also closely followed the status of ratification of Protocol No. 14 to the European Convention on Human Rights and has, at the end of the year, received a request of the Committee of Ministers to consider the possibilities of putting provisionnally into practice certain procedures already envisaged in Protocol No. 14.

The CAHDI continued to develop its database on:

The CAHDI also adopted comments on Parliamentary Assembly Recommendation 1824 (2008) on “United Nations Security Council and European Union blacklists” and on Parliamnetary Assembly Recommendation 1842 (2008) on “Activities of the International Committee of the Red Cross” (ICRC).

The CAHDI further approved two draft Recommendations of the Committee of Ministers to member States respectively on the acceptance of the jurisdiction of the International Court of Justice and on the nomination of international arbitrators and conciliators. These two Recommendations (Rec(2008) 8 and Rec(2008)9) were adopted by the Committee of Ministers on 2 Julyt 2008 (1031st meeting).

The CAHDI also 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. This analytical report contains important recommendations on the States parctices concerning those clauses. At its 1044th meeting on 10 December 2008 the Committee of Ministers took note of this report.

In 2008, the CAHDI further worked, inter alia, on the following areas:

In 2008, the CAHDI also held exchanges of views with Mr. Nicolas Michel (March 2008) and Ms Patricia O’Brien (October 2008). At the moment of these exchanges of views, both adressed the CAHDI in their capacity of UN Under-Secretary General for Legal Affairs and UN Legal Counsel.

REPORT 2007

In 2007 the Committee of Legal Advisers on Public International Law (CAHDI) held two meetings and examined a number of questions of public international law.

The CAHDI, in it capacity as the European Observatory of Reservations to International Treaties, continued to examine outstanding reservations to international treaties concluded within and outside the Council of Europe, and to coordinate the reactions of member states thereto. The CAHDI has listed the objections to the aforesaid outstanding reservations and also took note of a list of possibly problematic reservations to international treaties applicable to the fight against terrorism.

The Committee continued its consideration of state practice concerning state immunities and followed closely the pace of signatures and ratifications of the UN convention on jurisdictional immunities of states and their property.

Furthermore, the CAHDI also took note of cases before the European Court of Human Rights involving issues of public international law and followed closely the status of ratification of Protocol 14 to the European Convention on Human Rights.

The CAHDI continued to develop its databases on:

REPORT 2006

In 2006 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 on its own initiative.

The CAHDI continued to operate as a European Observatory of Reservations to International Treaties, to examine outstanding reservations to international treaties concluded within and outside the Council of Europe, and to coordinate the reactions of member States thereto. Moreover, the CAHDI updated a list of possibly problematic reservations to international treaties applicable to the fight against terrorism and the Council of Europe entered into a dialogue with the reserving States.

In 2006, the CAHDI focused on the following areas:

In addition, the Committee considered an expert-report on “European Convention on Human Rights, Due Process and United Nations Security Council Counter-Terrorism Sanctions” prepared by Professor Cameron and set up a data-base on the national situation regarding the implementation of UN sanctions and respect for human rights.

The CAHDI also considered the implications of the UN Convention on Jurisdictional Immunities on the European Convention on State Immunity - an informal working party bringing together the Parties was established to make further proposals.

Following the finalisation of its Pilot Project on State Immunities, the CAHDI published the book “State Practice regarding State Immunities” and set up a data base on national developments.

The CAHDI also set up a data base on the Organisation and functions of the Office of the Legal Adviser in the Ministry for Foreign Affairs.

In 2006 the CAHDI held exchanges of views with the President and Prosecutor of the International Criminal Court (ICC), Mr Kirsch and Mr Moreno Ocampo; with the UN Special rapporteur on Terrorism and Human Rights, - Mr Scheinin, and Mr Economides, member of the International Law Commission and with Professor Cameron.

REPORT 2005

In 2005 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 on 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 pursued consideration of reservations to international treaties applicable to the fight against terrorism and updated the list of such reservations which could be possibly problematic.

Furthermore, the Committee held exchanges of views concerning the following issues: national implementation measures of UN sanctions, and respect for Human Rights; organization and functions of the Office of the Legal Adviser of the Ministry of Foreign Affairs; current issues in the area of international humanitarian law, namely the 2nd Protocol to the Hague Convention on the Protection of Cultural Property in the Event of Armed conflict, and the International Committee of the Red Cross study on customary international humanitarian law; the UN Convention on jurisdiction immunities and its implications on the European Convention on State Immunities; peaceful settlement of disputes, namely the compulsory jurisdiction of the International Court of Justice (ICJ) and jurisdiction of the ICJ under other agreements, overlapping jurisdiction of international courts and tribunals. The CAHDI also considered developments concerning the International Criminal Court; implementation and functioning of the ad hoc criminal tribunals established by United Nations Security Council Resolutions 827 (1993) and 955 (1994); the activity of the International Law Commission (ILC) and developments concerning the fight against terrorism.In addition, the Committee was also informed on the proposals for a new procedure of notification of acts related to the Council of Europe’s treaties.

The Committee finalised the Pilot-Project of the Council of Europe. It agreed that the information provided by delegations be published on the CAHDI website and that it be updated on regular basis.

The CAHDI held exchanges of views with Mr Badinter, President of the International Court of Conciliation and Arbitration within the OSCE and also with Mr Ferrari Bravo, a member of the Court’s Bureau, Mr Rosas, judge of the Court of Justice of the European Communities, Professor Koskenniemi, member of the ILC and Mr Henckaerts of the ICRC.

The CAHDI adopted an opinion on Parliamentary Assembly Recommendation 1690 (2005) – The conflict over the Nagorno-Karabakh region dealt with by the OSCE Minsk Conference.

REPORT 2004

In 2004 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 on 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 international treaties applicable to the fight against terrorism and submitted a list of possibly problematic reservations to the Committee of Ministers of the Council of Europe.

Furthermore, the Committee held exchanges of views concerning the following issues: national implementation measures of UN sanctions, and respect for Human Rights; organization and functions of the Office of the Legal Adviser of the Ministry of Foreign Affairs, implementation of international instruments protecting the victims of armed conflicts; developments concerning the International Criminal Court (ICC); implementation and functioning of the ad hoc criminal tribunals established by United Nations Security Council Resolutions 827 (1993) and 955 (1994); the activity of the General Assembly of the United Nations namely the Sixth Committee and of the International Law Commission (ILC); developments concerning the fight against terrorism. In addition, the Committee was also informed on the proposals for a new procedure of notification of acts related to the Council of Europe’s treaties.

The CAHDI held exchanges of views with Mr Moreno Ocampo, the Chief prosecutor of the ICC, Professor Gaja, member of the ILC and Mr Kellenberger, President of the International Committee of the Red Cross (ICRC).

The Committee adopted an opinion on Parliamentary Assembly Recommendation No. 1602 (2003) on Immunities of members of the Parliamentary Assembly and has examined the Parliamentary Assembly Recommendation 1650 (2004) - Links between Europeans living abroad and their countries of origin.

The Committee pursued the implementation of the Pilot-Project of the Council of Europe on State practice regarding Immunities of States. To this end, it commanded the preparation of an analytical report to the University of Vienna, British Institute of International and Comparative Law and Graduate Institute of International Studies.

The CAHDI admitted the European Organisation for Nuclear Research (CERN) and Interpol as observers to the Committee.

REPORT 2003

In 2003 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 on 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 the Conclusions of the third multilateral consultation on the implications for Council of Europe member States of the ratification of the Rome Statute of the International Criminal Court, the declaration of Mr Walter Schwimmer, Secretary General); Implementation and functioning of the ad hoc criminal tribunals established by United Nations Security Council Resolutions 827 (1993) and 955 (1994); Development concerning the European Court of Human Rights; the activity of the General Assembly of the United Nations (Sixth Committee) and of the International Law Commission (ILC).

The CAHDI held exchanges of views with Mr A. Gil Robles, Commissioner for Human Rights, Mr V. Mikulka, Director of Codification at the UN, Mr E. Kourula, judge at the International Criminal Court, Mr Philippe KIRSCH, President of the ICC and Mr Jean Paul COSTA, Vice-President of the European Court of Human Rights.

The Committee adopted a preliminary opinion on Recommendation No. 1602 (2003) on Immunities of members of the Parliamentary Assembly.

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

The CAHDI admitted the International Committee of the Red Cross as observer to the Committee.

REPORT 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.

REPORT 2001

In 2001 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.

Concerning the activity on consent by States to be bound by a treaty, an analytical report was prepared under the aegis of the CAHDI by the British Institute of International and Comparative Law on the basis of the contributions provided by the Committee member and observer States. This report was subsequently published.

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 this connection, the CAHDI organized jointly with the CDPC a second multilateral consultation meeting on the implications of the ratification of the Rome Statute in the legal order of member States); implementation and functioning of the Tribunals established by UN Security Council Resolutions 827 (1993) and 955 (1994); protection of Cultural Heritage in times of War; the activity of the General Assembly of the United Nations, of the Sixth Committee, and of the International Law Commission (ILC).

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

The CAHDI held exchanges of views with Mr Guillaume, President of the International Court of Justice and Professor Crawford, member of the ILC and Special rapporteur on State responsibility.

REPORT 2000

In 2000 the Committee of Legal Advisers on Public International Law (CAHDI) held two regular 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.

With regard to the activity on the law and practice relating to reservations and interpretative declarations concerning international treaties the CAHDI, following the adoption by the Committee of Ministers of Recommendation No. R (99) 13 on responses to inadmissible reservations to international treaties, adopted a guide to practice on Key issues regarding the formulation of reservations to international treaties. In addition, 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.

Concerning the activity on consent by States to be bound by a treaty, an analytical report was prepared under the aegis of the CAHDI by the British Institute of International and Comparative Law on the basis of the contributions provided by the Committee member and observer States.

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 this connection, the CAHDI organized jointly with the CDPC a multilateral consultation meeting on the implications of the ratification of the Rome Statute in the legal order of member States); implementation and functioning of the Tribunals established by UN Security Council Resolutions 827 (1993) and 955 (1994); protection of Cultural Heritage in times of War; developments concerning the preparation of a European Union Charter of Fundamental Rights; the activity of the General Assembly of the United Nations, of the Sixth Committee, and of the International Law Commission (ILC).

With a view to contributing to the celebration of the 50th anniversary of the European Convention of Human Rights (ECHR), the CAHDI commissioned the preparation of a report on the Implications of the European Convention of Human Rights on the development of public international law subsequently published by the Council of Europe (ISBN 92-871-4290-4).

The Committee held an exchange of views with the President and the Vice-President of the International Court of Conciliation and Arbitration.

The CAHDI admitted Mexico as observer to the Committee.