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61st meeting - Strasbourg, 23-24 September 2021

1. INTRODUCTION
.1.1 Opening of the meeting by Chair, Ms Alina OROSAN
.1.2 Adoption of the agenda
Draft agenda CAHDI (2021) OJ 2 prov rev 1 ®
Draft annotated agenda CAHDI (2021) OJ 2 annotated prov ®
.1.3. Adoption of the report of the 60th meeting
Draft report of the 60th meeting of the CAHDI CAHDI (2021) 9 prov
.1.4 Information provided by the Secretariat of the Council of Europe
- Statement by Mr Jörg POLAKIEWICZ, Director of Legal Advice and Public International Law
2. COMMITTEE OF MINISTERS’ DECISIONS WITH RELEVANCE FOR THE CAHDI INCLUDING REQUESTS FOR CAHDI’S OPINION
.2.1. Working methods: Draft reply to the Committee of Ministers on the evaluation of the activities of the CAHDI for discussion and adoption
Draft reply to the Committee of Ministers on the evaluation of the activities of the CAHDI CAHDI (2021) 10 ®
Non-paper on the Evaluation of the Activities of the CAHDI CAHDI (2021) 1 rev 1
.2.2. Opinions of the CAHDI on Recommendations 2197 (2021) and 2201 (2021) of the Parliamentary Assembly of the Council of Europe (PACE)
- Discussion on the draft opinion of the CAHDI on PACE Recommendation 2201 (2021) "Human rights violations in Belarus require an international investigation"
- Discussion on the procedure for the adoption of CAHDI opinions
Draft opinion of the CAHDI on PACE Recommendation 2201 (2021) "Human rights violations in Belarus require an international investigation" CAHDI (2021) 14 prov ®
Opinion of the CAHDI on PACE Recommendation 2191 (2020) "Investment migration" CAHDI (2021) Inf 3 ®
Opinion of the CAHDI on PACE Recommendation 2197 (2021) "The protection of victims of arbitrary displacement" CAHDI (2021) Inf 4 ®
Resolution CM/Res(2011)24 on intergovernmental committees and subordinate bodies, their terms of reference and working methods CM/Res(2011)24
Resolution CM/Res(2021)3 on intergovernmental committees and subordinate bodies, their terms of reference and working methods CM/Res(2021)3
Terms of Reference of the CAHDI for 2020-2021 CAHDI (2020) 1
.2.3. Other Committee of Ministers’ decisions of relevance to the CAHDI’s activities
Committee of Ministers’ decisions of relevance to the CAHDI’s activities CAHDI (2021) 11 ®
3. CAHDI DATABASES AND QUESTIONNAIRES
.3.1. Settlement of disputes of a private character to which an International Organisation is a party
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 ®
.3.2. Immunity of state-owned cultural property on loan
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 ®
.3.3. Immunities of special missions
“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
.3.4. Service of process on a foreign State
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 ®
.3.5. 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
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 ®
CAHDI-Database “The immunities of States and international organisations”
.3.6. 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 (2021) 3 prov
CAHDI-Database “The organisation and functions of the Office of the Legal Adviser of the Ministry of Foreign Affairs”
.3.7. The implementation of United Nations sanctions
CAHDI-Database “Implementation of United Nations sanctions”
4. IMMUNITIES OF STATES AND OF INTERNATIONAL ORGANISATIONS, DIPLOMATIC AND CONSULAR IMMUNITY
.4.1. Exchanges of views on topical issues in relation to the subject matter of the item
.4.2. State practice and relevant case-law
5. THE EUROPEAN CONVENTION ON HUMAN RIGHTS, CASES BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS AND OTHER HUMAN RIGHTS ISSUES INVOLVING PUBLIC INTERNATIONAL LAW
.5.1. EU accession to the ECHR – international law aspects
.5.2. Cases before the European Court of Human Rights involving issues of public international law
.5.3. 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 ®
6. TREATY LAW
.6.1. Exchanges of views on topical issues related to treaty law
- Exchange of views on non-legally binding agreements in international law
Option paper “Exchange of views on non-legally binding agreements in international law”, prepared by the delegation of Germany CAHDI (2021) 17 ®
Chair’s summary “Expert Workshop on Non-Legally Binding Agreements in International Law” Chair’s summary
- Declarations implying the exclusion of any treaty-based relationship between the declaring State and another State party to the treaty in relation to which the declaration is formulated
Document on declarations implying the exclusion of any treaty-based relationship between the declaring State and another State party to the treaty in relation to which the declaration is formulated CAHDI (2021) 13 prov ®
.6.2. 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 (2021) 12 prov ®
Table of objections CAHDI (2021) 12 Addendum prov ®
Reactions to reservations and declarations to international treaties previously examined by the CAHDI CAHDI (2021) Inf 5
Recommendation No. R (99) 13 on responses to inadmissible reservations to international treaties Recommandation N° R (99) 13
7. CURRENT ISSUES OF PUBLIC INTERNATIONAL LAW
.7.1. Peaceful settlement of disputes
- Exchange of views with H.E Joan E. Donoghue, President of the International Court of Justice
Means of Peaceful Settlement of Disputes CAHDI (2019) 14 ®
.7.2. The work of the International Law Commission
- Exchange of views with Ambassador Mahmoud D. Hmoud, Chair of the International Law Commission
.7.3. Consideration of current issues of international humanitarian law
.7.4. Developments concerning the international Criminal Court (ICC) and other international criminal tribunals
Developments concerning the International Criminal Court and other international criminal tribunals CAHDI (2021) 5 prov
.7.5. Topical issues of public international law
8. OTHER
.8.1 Election of the Chair and Vice-Chair of the CAHDI
Election of the Chair and Vice-Chair of the CAHDI CAHDI (2021) 15
.8.2 Place, date and agenda of the 62nd meeting of the CAHDI
Strasbourg (France), 24-25 March 2022
.8.3 Any other business
.8.4 Adoption of the Abridged Report and closing of the 61st meeting