Meeting documents

Back 66th meeting - Strasbourg, 11-12 April 2024

CONVOCATION Convocation
1. INTRODUCTION
1.1 Opening remarks
1.2 Adoption of the agenda
Draft agenda CAHDI (2024) OJ 1 prov ®
Draft annotated agenda CAHDI (2024) OJ 1 annotated prov ®
1.3. Adoption of the report of the 65th meeting
Draft report of the 65th meeting of the CAHDI CAHDI (2023) 25 prov ®
1.4. Information provided by the Secretariat of the Council of Europe and by the Chair of the CAHDI
- Statement by Mr Jörg POLAKIEWICZ, Director of Legal Advice and Public International Law
- Information provided by Mr Helmut TICHY, Chair of the CAHDI
2. COMMITTEE OF MINISTERS’ DECISIONS WITH RELEVANCE FOR THE CAHDI INCLUDING REQUESTS FOR CAHDI’S OPINION
2.1. Opinion of the CAHDI on Recommendation 2266 (2024) of the Parliamentary Assembly of the Council of Europe (PACE)
Draft opinion of the CAHDI on Recommendation 2266 (2024) of the PACE – “A democratic future for Belarus” CAHDI (2024) 1
2.2. Invitation to the CAHDI to provide an indicative overview of possible avenues under international law aimed at securing the payment by the Russian Federation of just satisfaction awarded by the European Court of Human Rights
Decision CM/Del/Dec(2024)1488/10.5 on Options under international law aimed at securing the payment by the Russian Federation of just satisfaction awarded by the European Court of Human Rights
2.3. Examination of the request by the Permanent Court of Arbitration (PCA) to be granted observer status to the CAHDI
Request for observer status to the CAHDI submitted by the Permanent Court of Arbitration (PCA) CAHDI (2024) 2 ®
Resolution CM/Res(2021)3 on intergovernmental committees and subordinate bodies, their terms of reference and working methods
2.4. Terms of reference of the CAHDI
Terms of reference of the CAHDI for 2024-2027 CAHDI (2024) Inf 1
2.5. Other Committee of Ministers’ decisions of relevance to the CAHDI’s activities
Committee of Ministers’ decisions of relevance to the CAHDI’s activities
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 (2023) 16 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. Lifting of confidentiality of certain CAHDI questionnaires
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. 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 2023 to 31 March 2024) PIL (2024) 1
5.2. 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 AND SOFT LAW INSTRUMENTS
6.1. Exchanges of views on topical issues related to treaty law
- Exchange of views on non-legally binding instruments in international law
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 instruments” CAHDI (2024) 5 prov ®
Revised analysis of the replies by States and international organisations to the questionnaire “The practice of States and international organisations regarding non-legally binding agreements” CAHDI (2023) 17 ®
Non-paper on “Possible next steps relating to the CAHDI project on non-legally binding instruments” CAHDI (2023) 18 ®
Inquiry for the preparation of the second workshop on non-legally binding instruments CAHDI (2024) 4 ®
Chair’s summary “Expert Workshop on Non-Legally Binding Agreements in International Law” Chair’s summary
Option paper “Exchange of views on non-legally binding agreements in international law” CAHDI (2021) 17 ®
- 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 (2024) 6 prov ®
- Exchange of views on soft law instruments
Questionnaire on “International soft law: implications for Legal Departments of Ministries for Foreign Affairs”, prepared by the delegation of Italy CAHDI (2023) 19 ®
Replies to the questionnaire on “International soft law: implications for Legal Departments of Ministries for Foreign Affairs” CAHDI (2024) 7 prov
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 (2024) 8 ®
Table of objections CAHDI (2024) 8 Addendum ®
Reactions to reservations and declarations to international treaties previously examined by the CAHDI CAHDI (2024) Inf 2
Recommendation No. R (99) 13 on responses to inadmissible reservations to international treaties
7. CURRENT ISSUES OF PUBLIC INTERNATIONAL LAW
7.1. Topical issues of public international law
- Exchange of views on the aggression in Ukraine
Resolution CM/Res(2023)3 establishing the Enlarged Partial Agreement on the Register of Damage Caused by the Aggression of the Russian Federation Against Ukraine
- Discussion on compensation under international law with a focus on options for enforcement of payments awarded by international human rights courts
o Prof. Martins Paparinskis (Member of the International Law Commission/University College London)
o Ms Christina Beharry (Partner, Foley Hoag, formerly Global Affairs Canada)
7.2. Peaceful settlement of disputes
Means of Peaceful Settlement of Disputes CAHDI (2023) 23 ®
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
Developments concerning the International Criminal Court and other international criminal tribunals PIL-ICT (2024) 1
8. OTHER
8.1. Place, date and agenda of the 67th meeting of the CAHDI: Vienna (Austria), 19-20 or 26-27 September 2024 (TBC)
8.2. Any other business
8.3. Adoption of the Abridged Report and closing of the 66th meeting