Activity reports

Back Activity report of the CAHDI - 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:

  • State Practice regarding State Immunities;
  • Implementation of UN Sanctions and respect for Human Rights;
  • Organisation and functions of the Office of the Legal Adviser (OLA) in the Ministry for Foreign Affairs;
  • Digests on national practice in the field of public international law.

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:

  • Cases brought before the European Court of Human Rights involving issues of public international law;
  • Peaceful settlement of dispute and International Court of Justice's jurisdiction under selected international treaties;
  • Current issues of international humanitarian law;
  • Developments concerning the International Criminal Court (ICC);
  • Implementation and functioning of other international criminal tribunals (ICTY, ICTR, Sierra Leone, Lebanon, Cambodia);
  • Work undertaken in the Council of Europe and other international bodies in the area of the fight against terrorism.

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.

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