Meeting documents

Back 64th meeting - Strasbourg, 23-24 March 2023

CONVOCATION Convocation
1. INTRODUCTION
1.1 Opening Remarks
1.2 Adoption of the agenda
Draft agenda CAHDI (2023) OJ 1 prov rev ®
Draft annotated agenda CAHDI (2023) OJ 1 annotated prov ®
1.3. Adoption of the report of the 63rd meeting
Report of the 63rd meeting of the CAHDI CAHDI (2022) 19 ®
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. Opinion of the CAHDI on the participation of the Russian Federation and Belarus in the Committee of the Parties to the Council of Europe Convention on the Counterfeiting of Medical Products and other Similar Crimes Involving Threats to Public Health (CETS No. 211 “Medicrime Convention”) CAHDI (2023) 10 ®
2.2. Other Committee of Ministers’ decisions of relevance to the CAHDI’s activities CAHDI (2023) 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 (2023) 2 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 (2023) 12 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 (2023) 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”
3.8. Inquiry concerning the lifting of confidentiality of certain CAHDI questionnaires
Replies by States to the inquiry concerning lifting confidentiality of certain CAHDI questionnaires CAHDI (2023) 4 prov ®
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 2022) PIL (2023) Case Law - Appendix V
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 with Prof. Andreas Zimmermann (University of Potsdam/Germany)
Questionnaire on “The Practice of States and international organisations regarding non-legally binding agreements”, prepared by the delegation of Germany CAHDI (2022) 2 ®
Replies by States and international organisations to the questionnaire “The Practice of States and international organisations regarding non-legally binding agreements” CAHDI (2023) 5 prov ®
Analysis of the replies by States and international organisations to the questionnaire “The practice of States and international organisations regarding non-legally binding agreements”, report by Prof. Andreas Zimmermann (University of Potsdam/Germany) CAHDI (2023) 6 ®
Option paper “Exchange of views on non-legally binding agreements in international law” 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
Questionnaire on “Treaties not requiring parliamentary approval”, prepared by the delegation of Slovenia CAHDI (2022) 3 rev ®
Replies by States to the questionnaire “Treaties not requiring parliamentary approval” CAHDI (2023) 7 ®
- Exchange of views on soft law instruments
Concept note, prepared by the delegation of Italy CAHDI (2023) 11 ®
Chair’s summary “Online Seminar on Legislative Guides, Model Laws, Recommendations, Principles: A ‘Soft Multilateral Law-Making’ for International Governance?” Chair’s summary
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 (2023) 8 prov ®
Table of objections CAHDI (2023) 8 Addendum prov ®
Reactions to reservations and declarations to international treaties previously examined by the CAHDI CAHDI (2023) Inf 1
Recommendation No. R (99) 13 on responses to inadmissible reservations to international treaties Rec R(99)13
7. CURRENT ISSUES OF PUBLIC INTERNATIONAL LAW
7.1. Topical issues of public international law
- Exchange of views on the aggression in Ukraine
Accountability for human rights violations as a result of the aggression of the Russian Federation against Ukraine: role of the international community, including the Council of Europe SG/Inf(2023) 7
7.2. Peaceful settlement of disputes CAHDI (2019) 14 ®
7.3. The work of the International Law Commission
7.4. Consideration of current issues of international humanitarian law
7.5. Developments concerning the international Criminal Court (ICC) and other international criminal tribunals CAHDI (2023) 9 prov
7.6. The use of new technologies and international law
- Discussion on the application of international law in cyberspace: Exchange of views with Prof. Aurel Sari (University of Exeter/United Kingdom)
8. OTHER