Specific work carried out by the CAHDI in various fields of public international law led to the adoption of recommendations by the Committee of Ministers of the Council of Europe.

 

 

 

 

Immunity of States

In 1995, in the context of its work regarding States immunities, the CAHDI has set up a specific working group to examine the issue of debts of embassies. A draft recommendation was adopted by the CAHDI at its 13th meeting (Strasbourg, 4-5 March 1997) before being presented to the Committee of Ministers. The Ministers' Deputies adopted, at their 595th meeting, Recommendation No. R(97)10 of the Committee of Ministers to Member States on debts of diplomatic missions, permanent missions and diplomatic missions "with double accreditation", as well as those of their members.


Peaceful settlement of disputes

With the aim to assist states wishing to accept the compulsory jurisdiction of the International Court of Justice and to promote peaceful settlement of disputes, the CAHDI approved at its 35th meeting (Strasbourg, 6-7 March 2008) a draft recommendation. On 2 July 20008, the Committee of Ministers adopted Recommendation CM/Rec (2008) 8 of the Committee of Ministers to member states on the acceptance of the jurisdiction of the International Court of Justice and its appendix containing Model clauses for possible inclusion in declaration of acceptance of the compulsory jurisdiction of the International Court of Justice under Article 36, paragraph 2, of the Statute of the Court.

To encourage States to keep lists of arbitrators or conciliators as laid down in numerous international treaties and instruments, the CAHDI submitted to the Committee of Ministers a draft recommendation adopted at its 35th meeting (Strasbourg, 6-7 March 2008). Recommendation CM/Rec (2008) 9 of the Committee of Ministers to member states on the nomination of international arbitrators and conciliators was adopted by the Committee of Ministers on 2 July 2008.

Reservations to international treaties

In the context of its work on reservations to international treaties, the CAHDI instituted a subordinate committee, the DI-E-RIT. The work of this group has in particular concerned the responses to inadmissible reservations to international treaties and the formulation of reservations.

On the basis of the draft recommendation adopted by the CAHDI at its 17th meeting (Vienne, 8-9 March 1999), the Committee of Ministers adopted Recommendation No R (99) 13 on responses to inadmissible reservations to international treaties as well as its appendix containing model response clauses to reservations.

At its 19th meeting (Berlin, 13-14 March 2000), the CAHDI adopted a document on Practical issues regarding reservations to international treaties of which the Committee of Ministers took note at the 78th meeting of the Ministers' Deputies.


State Practice in the Field of Public International Law

With the aim of contributing to the Decade of International Law of the United Nations (1990 – 1999), the CAHDI has instituted in 1992 a working group (DI-S-PR) with a mandate to consider ways of dealing with and exchanging information concerning state practice in the field of public international law. Following the work of the group, the CAHDI launched a pilot project in order to gather contributions of States. On the basis of these consultations, the CAHDI approved a model plan of classification. On 12 June 1997, the Committee of Ministers adopted Recommendation No R(97)11 on the amended model plan for the classification of documents concerning State practice in the field of public international law.