Reservations to International Treaties
The terms of reference of the CAHDI specifically require it to "continue its active role as the European Observatory of Reservations to International Treaties".
Role of the European Observatory of Reservations to International Treaties
As a part of its role as European Observatory of Reservations to International Treaties, the CAHDI regularly considers outstanding reservations and declarations to international treaties. This covers both conventions concluded outside the Council of Europe, in particular those drawn up within the United Nations, and conventions concluded within the Council of Europe.
In practice, delegations present any comments they have on problematic outstanding reservations, as well as their respective positions on them.
If certain delegations have doubts about the validity of a reservation or a declaration to an international treaty, they may initiate dialogue on the matter and ask the state concerned for additional information on the reservation and the reasons for it.
Promotion of reservations dialogue
Reservations dialogue enables states to exchange views with another state which has formulated an outstanding reservation with a view to persuading it to reconsider or withdraw it. The practice has no legal effect in that it does not alter the relationships established between states by the reservation or force the state having made the reservation to alter its position. Reservations dialogue is accordingly promoted by the CAHDI.
At the 18th meeting of the CAHDI (Strasbourg, 7-8 September 1999), the committee held an exchange of views, reflected in the meeting report, on the question of reservations dialogue. Delegations underlined the importance of understanding the reasons why states formulated reservations before formally objecting to them.