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62nd meeting - Strasbourg, 24-25 March 2022

1. INTRODUCTION
1.1 Opening of the meeting by the Chair, Ms Alina OROSAN
1.2. Adoption of the agenda
Draft agenda CAHDI (2022) OJ 1 prov ®
Draft annotated agenda CAHDI (2022) OJ 1 annotated prov ®
1.3. Adoption of the report of the 61st meeting
Report of the 61st meeting of the CAHDI CAHDI (2021) 18 ®
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. Terms of reference of the CAHDI
Terms of reference of the CAHDI for 2022-2025 CAHDI (2022) Inf 1 ®
2.2. Other Committee of Ministers’ decisions of relevance to the CAHDI’s activities
Committee of Ministers’ decisions of relevance to the CAHDI’s activities CAHDI (2022) 1 ®
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 (2022) 6 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
- Overview of the state of play in relation to the EU accession to the European Convention on Human Rights
5.2. Cases before the European Court of Human Rights involving issues of public international law
Case law of the European Court of Human Rights related to Public International Law (from 1 January to 31 December 2021) PIL (2022) Case Law - Appendix IV
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 the statutory and conventional consequences of the cessation of the membership of a State to the Council of Europe
Discussion paper on “The statutory and conventional consequences of the cessation of the membership of a State to the Council of Europe”, prepared by the Secretariat CAHDI (2022) 8
- Exchange of views on non-legally binding agreements in international law
Draft questionnaire on “The Practice of States and international organisations regarding non-legally binding agreements”, prepared by the delegation of Germany CAHDI (2022) 2
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
- Exchange of views on treaties not requiring parliamentary approval
Draft questionnaire on “Treaties not requiring parliamentary approval”, prepared by the delegation of Slovenia CAHDI (2022) 3 ®
- 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
Revised 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 (2022) 7 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 (2022) 4 prov ®
Table of objections CAHDI (2022) 4 Addendum prov ®
Reactions to reservations and declarations to international treaties previously examined by the CAHDI CAHDI (2022) Inf 2
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
Means of Peaceful Settlement of Disputes CAHDI (2019) 14 ®
7.2. The work 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 (2022) 5 prov
7.5. Topical issues of public international law
- Exchange of views on the “Use of force under public international law – the case of Ukraine” with introductory remarks from Prof. Dapo Akande, Co-Director of the Oxford Institute for Ethics, Law and Armed Conflict (ELAC) at the Blavatnik School of Government/University of Oxford
8. OTHER
8.1. Place, date and agenda of the 63rd meeting of the CAHDI: Bucharest (Romania), 22-23 September 2022
8.2. Any other business
8.3. Adoption of the Abridged Report and closing of the 62nd meeting