State Practice regarding State Immunities

2006, ISBN-10: 90 04 15073 0, 1043 p.

This book is the result of the Council of Europe Pilot Project on State Practice regarding State Immunities carried out under the auspices of the Committee of Legal Advisers on Public International Law (CAHDI) since 2002. It presents and analyses the material submitted by 27 Member States and one Observer State of the Council of Europe, including decisions of national courts, relevant legislation and other documents.

The analytical report was undertaken by the Department of European, International and Comparative Law of the University of Vienna, the British Institute of International and Comparative Law and the Graduate Institute of International Studies, Geneva. It compares State practice with the relevant articles of the UN Convention, the European Convention on State Immunity and the draft articles prepared by academic institutions. It is the first in-depth analysis of European State practice in the field of State immunity. Such a broad analysis is essential, in particular for the ascertainment of customary international law.

Expression of Consent by States to be Bound by a Treaty

2001, ISBN 90-411-1692-3, 349 p.

Treaty-making constitutes the very basis of the international legal order and influences international relations. It channels the expression by States of consent to be bound and defines the commitments they enter into. However, the national procedures by which States express their consent to be bound vary considerably, depending on constitutional, legal and political conditions which reflect the history of each country.

The report, drawn up under the aegis of the Committee of Legal Advisers on Public International Law (CAHDI) of the Council of Europe, encompasses the practice of thirty-nine member States of this Organisation and a number of observer States. It provides comprehensive and up-to-date information about these States' means of expressing consent to be bound by a treaty. Furthermore, the analysis commissioned by the CAHDI from the British Institute of International and Comparative Law casts fresh light on this matter by inferring interesting considerations from the diversity of national procedures.

Implications of the European Convention on Human Rights for the development of public international law

2000, ISBN 92-871-4289-0, 24 p.

The impact of the European convention on Human rights is not limited to general international law, it is also important on such diverse areas as the principles of state responsibility, the interpretation of treaties, and environment protection.

With this report the CAHDI contributed to the celebrations of the 50th anniversary of the European Convention of Human Rights.

State Practice Regarding State Succession and Issues of Recognition

1999, ISBN 90-411-1203-0, 521 p.

The Pilot Project on State Practice regarding State Succession and Issues of Recognition carried out under the aegis of the Committee of Legal Advisers on Public International Law (CAHDI) encompasses the practice of sixteen member States of the Council of Europe and provides significant information about these States' position vis-à-vis the new European architecture following the developments of 1989.

On the basis of the information gathered, the CAHDI decided on the preparation of a report by the Max Planck Institute for Comparative Public Law and International Law, the T.M.C. Asser Institute and the Erik Castrén Institute of International Law and Human Rights.