Back

59th meeting - Prague, 24-25 September 2020

I. INTRODUCTION
1. Opening of the meeting by Mr. Martin SMOLEK, Deputy Minister for Legal and Consular Section at the Ministry of Foreign Affairs of the Czech Republic, followed by introductory remarks by the Chair of the CAHDI, Mr Petr VÁLEK
2. Adoption of the agenda
• Draft agenda CAHDI (2020) OJ 1 prov ®
• Draft annotated agenda CAHDI (2020) OJ 1 annotated prov ®
3. Adoption of the report of the 58th meeting
• Draft report of the 58th meeting of the CAHDI CAHDI (2019) 20 prov ®
4. Information provided by the Secretariat of the Council of Europe
- Statement by Mr Jörg POLAKIEWICZ, Director of Legal Advice and Public International Law
II. ONGOING ACTIVITIES OF THE CAHDI
5. Committee of Ministers’ decisions of relevance to the CAHDI’s activities, including requests for CAHDI’s opinions
a. Terms of Reference of the CAHDI for 2020-2021 and related matters
- Working methods during the COVID-19 pandemic
- Examination of the request by the Republic of Korea to be granted observer status in the CAHDI
• Terms of Reference of the CAHDI for 2020-2021 CAHDI (2020) 1
• Request by the Republic of Korea to be granted observer status in the CAHDI CAHDI (2020) 14 ®
b. Other Committee of Ministers’ decisions of relevance to the CAHDI’s activities CAHDI (2020) 2 ®
6. Immunities of States and international organisations
a. Topical issues related to immunities of States and International Organisations
- Settlement of disputes of a private character to which an International Organisation is a party
- Immunity of State owned cultural property on loan
- Immunities of special missions
- Service of process on a foreign State
• Settlement of disputes of a private character to which an international organisation is a party CAHDI (2014) 5 ®
• Summary of the main trends of the replies to the questionnaire on “Settlement of disputes of a private law character to which an international organisation is a party” and further examination of this issue, prepared by the delegation of the Netherlands CAHDI (2017) 21 ®
• Comments by States on “Settlement of disputes of a private character to which an international organisation is a party” CAHDI (2020) 3 prov ®
• Working document on “The settlement of disputes of a private character against international intergovernmental organisations: the experience of the Council of Europe and other Organisations” CAHDI (2020) 12 prov ®
• Immunity of State Owned Cultural Property on Loan CAHDI (2013) 10 ®
• Replies by States to the Questionnaire on “Immunity of State owned cultural property on loan” CAHDI (2020) 4 prov ®
• “Immunities of special missions”, prepared by the delegation of the United Kingdom CAHDI (2013) 15 ®
• Replies by States to the Questionnaire on “Immunities of special missions” CAHDI (2020) 5 prov
• Analysis of the replies to the Questionnaire on service of process on a foreign State CAHDI (2014) 15 ®
• Replies by States to the Questionnaire on “Service of process on a foreign State” CAHDI (2020) 6 prov ®
b. UN Convention on Jurisdictional Immunities of States and Their Property
c. State practice, case-law and updates of website entries
• Exchange of national practices on the possibility for the Ministry of Foreign Affairs to raise public international law issues in procedures pending before national tribunals and related to States’ or international organisations’ immunities CAHDI (2020) 7 prov ®
7. Organisation and functions of the Office of the Legal Adviser of the Ministry of Foreign Affairs
• Replies by States to the revised Questionnaire on “The organisation and functions of the Office of the Legal Adviser of the Ministry of Foreign Affairs” CAHDI (2020) 8 prov
8. National implementation measures of UN sanctions and respect for human rights
• Cases that have been submitted to national tribunals by persons or entities included in or removed from the lists established by the UN Security Council Sanctions Committees CAHDI (2020) 9 prov ®
9. The European Convention on Human Rights and cases before the European Court of Human Rights involving issues of public international law
- Derogations under Article 15 of the European Convention on Human Rights: Exchange of views
- Cases before the European Court of Human Rights involving issues of public international law
• Notifications under Article 15 of the Convention in the context of the COVID-19 pandemic – Council of Europe Treaty Office
• Guide on Article 15 of the European Convention on Human Rights” – European Court of Human Rights
• “Respect for Democracy, Human Rights and the Rule of Law during States of Emergency - Reflections” - Venice Commission
• Case law of the European Court of Human Rights related to Public International Law (from 1 January to 31 December 2019) PIL (2020) Case Law Appendix II
10. Peaceful settlement of disputes
• Means of Peaceful Settlement of Disputes CAHDI (2019) 14 ®
11. Law and practice relating to reservations and interpretative declarations concerning international treaties: European Observatory of Reservations to International Treaties
- List of reservations and declarations to international treaties subject to objection
• List of reservations and declarations to international treaties subject to objection CAHDI (2020) 10 prov ®
• Table of objections CAHDI (2020) 10 Addendum prov ®
• Reactions to reservations and declarations to international treaties previously examined by the CAHDI CAHDI (2020) Inf 1
• Recommendation No. R (99) 13 on responses to inadmissible reservations to international treaties Recommendation No. R (99) 13
III. GENERAL ISSUES OF PUBLIC INTERNATIONAL LAW
12. Consideration of current issues of international humanitarian law
13. Developments concerning the International Criminal Court (ICC) and other international criminal tribunals
- Exchange of views with Judge Ekaterina TRENDAFILOVA, President of the Kosovo* Specialist Chambers [Friday 25 September at 11.30 am]
• Developments concerning the International Criminal Court and other international criminal tribunals CAHDI (2020) 11 prov
14. Topical issues of international law
- Presentation by Mr. Claus RACKWITZ, Director of the International Nuremberg Principles Academy on “The Significance of the Nuremberg Principles - Past, Present and Future", on the occasion of the 70th anniversary of the formulation of the Nuremberg Principles by the International Law Commission, followed by an exchange of views [Thursday 24 September at 2.30 pm]
IV. OTHER
15. Election of the Chair and Vice-Chair of the CAHDI CAHDI (2020) 15
16. Place, date and agenda of the 60th meeting of the CAHDI: Strasbourg (France), 24-25 March 2021
17. Any other business
18. Adoption of the Abridged Report and closing of the 59th meeting