Meeting documents

Back 68th CAHDI meeting - Strasbourg, 17-18 March 2025

CONVOCATION Convocation
LIst of participants CAHDI (2025) LP1 prov ®
1. INTRODUCTION
1.1. Opening remarks
1.2. Adoption of the agenda
Draft agenda CAHDI (2025) OJ 1 prov ®
Draft annotated agenda CAHDI (2025) OJ 1 annotated prov ®
1.3. Adoption of the report of the 67th meeting
Report of the 67th meeting of the CAHDI CAHDI (2024) 28
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. CAHDI 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 - Committee of Ministers' Follow-up
Indicative overview of possible options under international law aimed at securing the payment by the Russian Federation of just satisfaction awarded by the European Court of Human Rights. CAHDI (2024) 29 ®
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
2.2. Opinions of the CAHDI on Recommendations of the Parliamentary Assembly of the Council of Europe (PACE)
Opinion of the CAHDI on PACE Recommendation 2285 (2024) on "Missing persons, prisoners of war and civilians in captivity as a result of the war of aggression of the Russian Federation against Ukraine" CAHDI (2024) 30
Draft opinion of the CAHDI on PACE Recommendation 2288 (2025) – “The need for a renewed rules-based international order” CAHDI (2025) 8 prov ®
Draft opinion of the CAHDI on PACE Recommendation 2289 (2025) – “Addressing risks to human rights and the rule of law posed by mercenaries and private military and security companies: a call for comprehensive regulation” CAHDI (2025) 9 prov ®
2.3. CAHDI Terms of Reference 2024-2027 – Consultation on the main deliverables and their level of priority 2026-2027
Terms of reference of the CAHDI for 2024-2027 CAHDI (2025) 1 prov
2.4. Other Committee of Ministers’ decisions of relevance to the CAHDI’s activities
Committee of Ministers’ decisions of relevance to the CAHDI’s activities CAHDI (2025) 2 ®
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 ®
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 ®
CAHDI-Database Settlement of disputes of a private character to which an international organisation is a party
3.2. Immunity of state-owned cultural property on loan
Immunity of state-owned cultural property on loan CAHDI (2013) 10 ®
CAHDI-Database Immunity of state-owned cultural property on loan
3.3. Immunities of special missions
“Immunities of special missions”, prepared by the delegation of the United Kingdom CAHDI (2013) 15 ®
CAHDI-Database Immunities of special missions
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 ®
CAHDI-Database Service of process on a foreign State
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
CAHDI-Database 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-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
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. 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 6 September 2024 to 28 February 2025) PIL (2025) 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 with Professor Mathias Forteau, Professor of Public International Law at Paris Nanterre University and member of the International Law Commission (ILC), on the ongoing work of the ILC on “Non-legally binding international agreements”
- Discussion on non-legally binding instruments in international law
Compilation of national approaches and materials regarding non-legally binding instruments CAHDI (2025) 3
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 (2025) 4 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”, prepared by the Secretariat based on the previous report by Prof. Andreas Zimmermann (University of Potsdam/Germany) CAHDI (2025) 5 prov ®
Non-paper on “Possible next steps relating to the CAHDI project on non-legally binding instruments”, prepared by the Secretariat CAHDI (2023) 18 ®
Concept note for the Second practitioners’ workshop on Non-Legally Binding Instruments in International Law CAHDI (2024) 21 ®
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”, prepared by the delegation of Germany 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 ®
Main trends arising from the replies to the questionnaire “Treaties not requiring parliamentary approval”, prepared by the Secretariat CAHDI (2024) 11 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 (2025) 6 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 (2025) 7 ®
Reactions to reservations and declarations to international treaties previously examined by the CAHDI CAHDI (2025) Inf 1
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 with Dr Danae Azaria, Associate Professor, UCL Faculty of Laws, on “The Law of the Sea and the Protection of Critical Submarine Infrastructure”
- Exchange of views on the aggression in Ukraine
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 (2025) 1
8. OTHER
8.1. Place, date and agenda of the 69th meeting of the CAHDI: Strasbourg (France), 25-26 September 2025
8.2. Any other business
8.3. Adoption of the Abridged Report and closing of the 68th meeting