In 2009, the Committee of Legal Advisers on Public International Law (CAHDI) continued its efforts towards the consolidation and promotion of international co-operation in the field of public international law

The Committee held two meetings in order to examine topical questions of public international law, to exchange and, if appropriate, to co-ordinate the views of member States at the request of the Committee of Ministers, Steering Committees and on its own initiative.

In particular, following the request by the Committee of Ministers, the CAHDI produced – at its 37th meeting (19-20 March 2009) – an opinion, essential for the Council of Europe discussion on the future of the European Court of Human Rights. Awaiting the entry into force of Protocol 14 to the European Convention on Human Rights, the CAHDI opinion proposed solutions consistent with the urgency of the situation, at the same time respecting the governing principles of public international law and discussed the advisability and modalities of inviting the European Court of Human Rights to put into practice certain procedures already envisaged to increase the Court's case-processing capacity, in particular the new single-judge and committee procedures.

In its capacity as the European Observatory of Reservations to International Treaties, the CAHDI continued to examine outstanding reservations to international treaties concluded within and outside the Council of Europe, co-coordinated the reactions of member States thereto, and listed the objections to the aforesaid reservations. The CAHDI further considered the list of possibly problematic reservations to international treaties applicable to the fight against terrorism which the Committee had drawn up in pursuance of the Committee of Ministers' decision of 21 September 2001. At its 37th meeting, the Committee transmitted the updated version of the said list to the Committee of Ministers.

The CAHDI also continued to develop its databases on:

• State Practice regarding State Immunities;
• Implementation of UN Sanctions and respect for Human Rights;
• Organisation and functions of the Office of the Legal Adviser (OLA) in the Ministry for Foreign Affairs;
• Digests on national practice in the field of public international law.

As for the issue of State Practice and case-law regarding State Immunities, the CAHDI followed closely the pace of signatures and ratifications to the UN Convention on jurisdictional immunities of States and their property. The Committee also launched a discussion on the existing practice of Legal Advisers to follow cases pending in national tribunals that concern States' or international organisations' immunities and their possibilities, under domestic legislation and practice, to present public international law issues in such proceedings.

Furthermore, on the basis of contributions from delegations, the CAHDI continued to consider, inter alia, the following matters:

• Cases brought before the European Court of Human Rights involving issues of public international law;
• Peaceful settlement of dispute and International Court of Justice's jurisdiction under selected international treaties;
• Implementation of Recommendation Rec(2008) 9 of the Committee of Ministers to member states, on the nomination of international arbitrators and conciliators;
• Current issues of international humanitarian law;
• Developments concerning the International Criminal Court (ICC);
• Implementation and functioning of other international criminal tribunals (ICTY, ICTR, Sierra Leone, Lebanon, Cambodia);
• The follow-up of the outcome document of the 2005 UN World Summit and the promotion of the Rule of law at the international level;
• Work undertaken in the Council of Europe and other international bodies in the area of the fight against terrorism.

In 2009, the Committee also took note of the Parliamentary Assembly of the Council of Europe (PACE) Recommendation 1870 (2009) – "Protecting financial aid granted by Council of Europe member States to poor countries against financial funds known as "vulture funds", and PACE Recommendation 1871 (2009) – "Ban on cluster munitions".

The CAHDI also continued to consolidate its relations with other actors within the international community. In this respect, in 2009 the CAHDI held an exchange of views with a number of special guests, namely Mr. Georg Nolte, a member of the International Law Commission (ILC) on the work of the 61st session of the ILC and that of the Sixth Committee and Professor Jan Erik Helgesen, President of the European Commission for Democracy through Law (Venice Commission) on the work of the latter.

Finally, special reference should be also made to the exchange of views on the work of the CAHDI between the Chair of the Committee and the Ministers' Deputies, which took place on the 1st of July 2009, at the 1062nd meeting of the Ministers' Deputies.