An additional part or version of this document is available.

CM(2008)40corr  / 25 April 2008 

    Ministers’ Deputies
    CM Documents

    CM(2008)40 28 March 20081
    ——————————————

    1031 Meeting, 2 July 2008
    10 Legal questions


    10.1 Committee of Legal Advisers on Public International Law

    (CAHDI)
    b. Abridged report of the 35th meeting (Strasbourg, 6-7 March 2008)
    c. Draft Recommendation Rec(2008)... of the Committee of Ministers to Member states on the acceptance of the jurisdiction of the international court of justice
    d. Draft Recommendation Rec(2008)... of the Committee of Ministers to Member states on the nomination of international arbitrators and conciliators

    Item to be prepared by the GR-J on 21 April 2008
    ——————————————

    1. The Committee of Legal Advisers on Public International Law (CAHDI) held its 35th meeting in Strasbourg on 6 and 7 March 2008 with Sir Michael Wood in the Chair. The list of participants is set out in Appendix I to the meeting report.2

    2. The CAHDI adopted the agenda as set out in Appendix I to the present report. It also adopted the report of its 34th meeting (Strasbourg, 10-11 September 2007) and authorised the Secretariat to publish it on the CAHDI’s website.

    3. The Director of Legal Advice and Public International Law (Jurisconsult), Mr Manuel Lezertua, informed the CAHDI about developments concerning the Council of Europe since its last meeting, in particular those concerning the Council of Europe Treaty Series. His intervention is set out in Appendix III to the meeting report.

    4. The CAHDI considered the decisions of the Committee of Ministers relevant to its work and requests for the CAHDI’s opinion.

    In accordance with the Ad hoc terms of reference given to it by the Committee of Ministers on 10 October 2007, the CAHDI held a preliminary exchange of views on a draft report submitted by the Chair and the Vice-Chair on the consequences of the so-called “disconnection clause” in international law in general and for the Council of Europe’s conventions containing such a clause in particular.3 The CAHDI intends to finalise the report at its next meeting.

    Furthermore, following the Committee of Ministers’ decision of 6 February 2008, the CAHDI adopted an opinion on Recommendation 1824 (2008) of the Parliamentary Assembly as set out in Appendix II to the present report.

    5. The CAHDI discussed its programme of activities for 2008-2009 in the light of the Criteria for launching, discontinuing and evaluating Council of Europe projects, approved by the Committee of Ministers on 22 January 2007, and decided to include on its agenda for future meetings an additional item “Topical issues of international law”. The CAHDI also decided to conduct a tour de table on acceptance of the UN Convention on Jurisdictional Immunities of States and Their Property at its next meeting.

    6. The CAHDI considered developments concerning its databases on State Practice regarding State Immunities; the Organisation and Function of the Office of the Legal Adviser of the Ministry for Foreign Affairs in member states and observer countries; and the Implications of UN Sanctions and Respect for Human Rights. It took note of the new contributions to these databases and invited delegations to submit or update their contributions at their earliest convenience.

    7. The CAHDI took note of cases brought before the European Court of Human Rights (ECHR) involving issues of public international law on the basis of information provided by delegations. It further invited delegations to keep the Committee informed about relevant pending cases.

    8. In the context of its consideration of issues relating to the peaceful settlement of disputes, the CAHDI approved a draft Recommendation of the Committee of Ministers to member States on the acceptance of the jurisdiction of the International Court of Justice and a draft Recommendation of the Committee of Ministers to member States on the nomination of international arbitrators and conciliators, set out respectively in Appendices III and IV to the present report, and decided to transmit them to the Committee of Ministers for adoption. The CAHDI also agreed that the draft explanatory memoranda to these recommendations would be circulated by written procedure and submitted to the Committee of Ministers subsequently.

    Under this item, the CAHDI pursued consideration of the overlapping jurisdiction of international tribunals and the ICJ’s jurisdiction under selected international treaties and agreements, and in particular the situation concerning the Council of Europe’s member and observer states. It agreed to keep these issues on its agenda.

    9. In the framework of its activity as the European Observatory of Reservations to International Treaties, the CAHDI considered a list of outstanding reservations and declarations to international treaties and the follow-up given to them by delegations. A table summarising the position of delegations in this respect is set out in Appendix V to the present report.

    The CAHDI also resumed consideration of possibly problematic reservations to international treaties applicable to the fight against terrorism in the light of the list it had drawn up in pursuance of the Committee of Ministers' decision of 21 September 2001 (CM/Del/Dec (2001)765bis/2.1) and comments provided by delegations. The CAHDI agreed to pursue consideration of this matter at its next meeting with a view to submitting an updated version of the aforesaid list to the Committee of Ministers.

    10. The CAHDI had an exchange of views with Mr Nicolas Michel, United Nations Under-Secretary-General for Legal Affairs and Legal Counsel. The text of his statement is set out in Appendix VIII to the meeting report.

    11. The CAHDI considered current issues of international humanitarian law, as well as developments concerning the implementation and functioning of the Tribunals established by UN Security Council resolutions 827 (1993) and 955 (1994) and the Special Tribunal for Lebanon.

    12. The CAHDI also considered recent developments concerning the International Criminal Court (ICC) and had an exchange of views with Mrs Herta Däubler-Gmelin, Chairperson of the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly. The CAHDI welcomed the possibility of holding such exchanges with the Parliamentary Assembly in the future.

    13. The CAHDI considered the Outcome Document of the 2005 UN World Summit and agreed to pursue consideration of this matter at its next meeting.

    14. The CAHDI took note of the information about work undertaken in the Council of Europe and other international bodies on the fight against terrorism.

    15. Under other business, the CAHDI took note of :

      a. the state of ratifications of Protocol 14 to the ECHR and strongly encouraged all efforts aimed at ensuring its early entry into force;

      b. 2007 arrangements between Spain and the United Kingdom relating to Gibraltar in the context of mixed agreements and certain international treaties; and

      c. the request of the Organisation for Democracy and Economic Development - GUAM for observer status in the CAHDI.

    16. The CAHDI welcomed the preparations for the Conference “International Courts and Tribunals – The Challenges Ahead” (London, 6-7 October 2008) and the 36th meeting of the Committee (London, 7-8 October 2008) and the adopted the draft agenda of its next meeting as set out in Appendix VI to the present report.

    Appendix I

    Agenda

    A. INTRODUCTION

    1. Opening of the meeting by the Chair, Sir Michael Wood

    2. Adoption of the agenda

    3. Approval of the report of the 34th meeting

    4. Statement by the Director of Legal Advice and Public International Law, Mr Manuel Lezertua


    B. ONGOING ACTIVITIES OF THE CAHDI

    5. Decisions by the Committee of Ministers concerning the CAHDI and requests for the CAHDI's opinion

      - “Disconnection clause”: draft report of the CAHDI

    - Draft opinion of the CAHDI on Parliamentary Assembly Recommendation 1824 (2008)

    6. Programme of activities of the CAHDI for 2008-2009

    7. State immunities:

      a. State practice

      b. UN Convention on Jurisdictional Immunities of States and Their Property

    8. Organisation and functions of the Office of the Legal Adviser of the Ministry for Foreign Affairs

    a. Situation in member and observer States

    b. The role of the OLA in national implementation of international law

    9. National implementation measures of UN sanctions and respect for human rights

    10. Cases before the ECHR involving issues of public international law

    11. Peaceful settlement of disputes:

      a. Compulsory jurisdiction of the International Court of Justice (ICJ) (Article 36 (2)): Preliminary draft Recommendation of the Committee of Ministers to member States on the acceptance of the jurisdiction of the ICJ

      b. Overlapping jurisdiction of international tribunals

      c. Lists of arbitrators and conciliators nominated by States: Preliminary draft Recommendation of the Committee of Ministers to member States on the nomination of international arbitrators and conciliators

    12. Law and practice relating to reservations and interpretative declarations concerning international treaties: European Observatory of Reservations to International Treaties:

      a. List of outstanding reservations and declarations to international treaties

      b. Consideration of reservations and declarations to international treaties applicable to the fight against terrorism
      HDI (2004) 16

    C. GENERAL ISSUES ON PUBLIC INTERNATIONAL LAW

    13. Exchange of views with Mr Nicolas Michel, UN Under-Secretary-General for Legal Affairs and UN Legal Counsel

    14. Consideration of current issues of international humanitarian law

    15. Developments concerning the International Criminal Court (ICC): statement by Mrs Herta Däubler-Gmelin, Chair of the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe and Rapporteur on the ICC

    16. Implementation and functioning of the Tribunals established by United Nations Security Council resolutions 827 (1993) and 955 (1994) and the Special Tribunal for Lebanon

    17. Follow-up to the outcome document of the 2005 UN World Summit – Advancing the international rule of law

    18. Fight against terrorism - Information about work undertaken in the Council of Europe and other international bodies

    D. OTHER

    19. Preparation of the 36th meeting of the CAHDI (London, 7-8 October 2008) and information concerning the International Conference of International Courts and Tribunals (London, 6-7 October 2008)

    20. Other business:

      - Status of ratification of Protocol 14 to the ECHR
      - Arrangements between Spain and the United Kingdom relating to Gibraltar authorities in the context of mixed agreements and certain international treaties (2007)

    Appendix II

    Opinion of the Committee of Legal Advisers on Public International Law (CAHDI) on Recommendation 1824 (2008) of the Parliamentary Assembly

    1. On 6 February 2008, the Ministers’ Deputies communicated Assembly Recommendation 1824 (2008) to the Committee of Legal Advisers on Public International Law (CAHDI) for information and possible comments by 15 April 2008. The Ministers’ Deputies have also communicated this Recommendation to the Steering Committee for Human Rights (CDDH) and the Committee of Experts on Terrorism (CODEXTER).

    2. The CAHDI examined the above-mentioned Recommendation at its 35th meeting (Strasbourg, 6-7 March 2008) and adopted the following comments which concern aspects of the recommendation which are of particular relevance to the mandate of the CAHDI (public international law).

    3. In Recommendation 1824 (2008), the Assembly recommended to the Committee of Ministers to invite:

      a the United Nations Security Council and the Council of the European Union to examine their targeted sanctions regimes and to implement procedural and substantive improvements aimed at safeguarding individual human rights and the rule of law, as a matter of the credibility of the international fight against terrorism, in particular an effective and comprehensive appeal mechanism against sanctions imposed by United Nations and European Union bodies;

      b those member States of the Council of Europe which are permanent or non-permanent members of the United Nations Security Council, or of the European Union, to use their influence as a matter of urgency in these international bodies in order to improve the respective targeted sanctions regime so as to ensure respect for human rights and the rule of law;

      c those member States of the Council of Europe which are permanent or non-permanent members of the United Nations Security Council or of the European Union to respect judicial decisions in relation to registration on blacklists, and to present the measures they have taken to put an end to the ongoing irregularities mentioned in the Assembly report.

    4. From the outset, the CAHDI would like to underline the usefulness of the targeted sanctions system which needs to be preserved and consolidated, including through the consideration of further possible improvements. The Committee would also note that the Security Council and the European Union keep these matters under constant review and that significant improvements have been made. The Committee would also draw attention to the relevant provisions of the Charter of the United Nations, which form the international legal framework for the adoption and legal effect of UN sanctions, and to the fact that the issues raised are the subject of ongoing litigation, including in the cases of Yassin Abdullah Kadi v. Council of the European Union and Commission of the European Communities and Yusuf and Al Barakaat International Foundation v. Council of the European Union and Commission of the European Communities pending before the Court of Justice of the European Communities,4 in which Advocate General Maduro delivered his Opinion respectively on 16 and 23 January 2008.

    5. As to the recommendation in paragraph 3(a) above, the CAHDI would like to recall its contribution to the improvement of the protection of human rights within the framework of the UN sanctions regime with reference to the fight against terrorism. Since March 2004 the Committee has been analysing the question of the relationship between the obligations of States to implement the United Nations Security Council resolutions on the basis of which the sanctions were adopted on the one hand and on the other hand the obligations of the same States resulting from international human rights treaties, in particular the European Convention on Human Rights.

    6. It should also be underlined that the delegations of the member and observer states to the CAHDI hold regular exchanges with the United Nations and the European Union, in particular through the regular participation of representatives of these two institutions in the Committee’s meetings.

    7. As to the recommendation in paragraph 3(b) above, the CAHDI welcomes the adoption of United Nations Security Council resolutions 1730 (2006) and 1735 (2006), which aim at improving the protection of fundamental rights of individuals and the rule of law through the sanctions mechanism of the United Nations in the field of the fight against terrorism, notwithstanding the need for consideration of further improvements. The Committee also notes that improvements have been made in EU procedures aimed at enhancing the protection of fundamental rights of individuals and the rule of law.

    8. As to the recommendation in paragraph 3(c) above, the CAHDI would like to recall the “Guidelines on human rights and the fight against terrorism”, adopted by the Committee of Ministers on 11 July 2002, at the 804th meeting of the Ministers’ Deputies, and in particular Section XIV, which reads:

      “The use of the property of persons or organisations suspected of terrorist activities may be suspended or limited, notably by such measures as freezing orders or seizures, by the relevant authorities. The owners of the property have the possibility to challenge the lawfulness of such a decision before a court.”

    9. Moreover the Committee underlines that in 2004 it initiated the setting up of a restricted database containing national contributions from member and observer states to the CAHDI, as well as a contribution from the European Union, on the implementation at national level of the United Nations sanctions in the field of the fight against terrorism and respect of human rights. This database contains, inter alia, information on national case-law and State practice concerning the relation between the sanctions targeting persons and the fundamental rights of these persons.

    10. This database also allows for an exchange of best practices between states, with a view to making the fight against terrorism more efficient and increasing the protection of human rights. In March 2007, the CAHDI granted access to the database to the Committee of the Security Council established pursuant to resolution 1267 (1999) concerning Al-Qaida and the Taliban and Associated Individuals and Entities, at its request.

    11. Finally, the CAHDI pursues its examination of and activities in this field.

    Appendix III

    Draft Recommendation Rec(2008)... of the Committee of Ministers to Member states on the acceptance of the jurisdiction of the international court of justice

1. The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe;

2. Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

3. Having regard to the work of the Committee of Legal Advisers on Public International Law (CAHDI);

4. Bearing in mind the European Convention for the Peaceful Settlement of Disputes (ETS 23);

5. Having regard to the Charter of the United Nations and in particular to Articles 2, 7, 36 and 92 to 96, and to the Statute of the International Court of Justice;

6. Recalling that the International Court of Justice is the principal judicial organ of the United Nations;

7. Bearing in mind United Nations General Assembly resolution 3232 (XXIX) of 12 November 1974 and resolution 44/23 of 17 November 1989;

8. Recalling the United Nations Decade of International Law, which had as one of its main purposes the promotion of means and methods for the peaceful settlement of disputes between states, including resort to and full respect for the International Court of Justice ;

9. Bearing in mind the 2005 World Summit Outcome, adopted by General Assembly resolution 60/1 of 16 September 2005, in which the General Assembly called upon States which had not yet done so to consider accepting the jurisdiction of the International Court of Justice in accordance with its Statute, as well as resolutions 61/39 of 4 December 2006 and 62/70 of 6 December 2007, in which the General Assembly repeated its call;

10. Noting that there is no requirement to make any reservations when accepting the jurisdiction of the International Court of Justice, and that some member States of the Council of Europe have indeed made declarations accepting the Court’s jurisdiction without reservation;

11. Stressing that the list of Model Clauses appended to this Recommendation is in no way exclusive, and does not call into question other clauses that States may decide to include in their declarations accepting the jurisdiction of the International Court of Justice;

* * *

12. Recommends that the Governments of member States that have not yet done so consider accepting the jurisdiction of the International Court of Justice in accordance with Article 36, paragraph 2, of its Statute and that, when doing so, they give consideration as appropriate to the Model Clauses appended to this Recommendation;

13. Requests the Secretary General to forward this Recommendation to the Secretary-General of the United Nations.

    Appendix to Recommendation ….

    Model clauses for possible inclusion in declarations of acceptance of the compulsory jurisdiction of the international Court of justice under article 36, paragraph 2, of the statute

    1. Basic language accepting the Court’s jurisdiction

    “I hereby declare that [NAME OF STATE] recognizes [OR accepts] as compulsory ipso facto and without special agreement, in relation to any other State accepting the same obligation, the jurisdiction of the International Court of Justice, in conformity with paragraph 2 of Article 36 of the Statute of the Court”

    2. Additional clauses which may be included in a Declaration accepting the Court’s jurisdiction

    A. Termination clause

    “until [TIME-LIMIT] notice may be given to the Secretary-General of the United Nations withdrawing the declaration” OR “until such time as a notification may be given to the Secretary-General of the United Nations withdrawing the declaration [with effect from the moment of such notification/with effect from [DATE] ]”

    B. Clause excluding prior disputes

    “over all disputes arising after [DATE], with regard to situations or facts subsequent to the same date”

    or

    “over all disputes, other than disputes arising prior to [DATE] or relating to facts or situations which occurred prior to that date”

    C. Settlement by other method

    “other than any dispute in respect of which the parties have agreed or shall agree to have recourse to some other method of peaceful settlement”

    D. Clause to avoid ‘surprise’ applications

    “other than where the acceptance of the Court’s compulsory jurisdiction on behalf of any other party to the dispute was deposited less than [TIME-PERIOD] prior to the filing of the application bringing the dispute before the Court”

    E. Variation clause

    “The Government of [NAME OF STATE] also reserves the right [upon giving [TIME-PERIOD] notice/at any time], by means of a notification addressed to the Secretary-General of the United Nations, [and with effect from the moment of such notification,] either to add to, amend or withdraw any of the foregoing reservations or any other reservations that may hereafter be added.”

    Appendix IV

    Draft Recommendation Rec(2008)... of the Committee of Ministers to Member states on the nomination of international arbitrators and conciliators

    1. The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe;

    2. Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

    3. Having regard to the work of the Committee of Legal Advisers on Public International Law (CAHDI);

    4. Bearing in mind the Conventions for the Pacific Settlement of International Disputes of 29 July 1899 and 18 October 1907;

    5. Bearing in mind the European Convention for the Peaceful Settlement of Disputes of 29 April 1957 (ETS 23);

    6. Having regard to the Charter of the United Nations and in particular to Article 33, paragraph 1;

    7. Bearing in mind United Nations General Assembly resolution 2625 (XXV) of 24 October 1970 adopting the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation Among States in Accordance with the Charter of the United Nations;

    8. Recalling the United Nations Decade of International Law, which had as one of its main purposes the promotion of means and methods for the peaceful settlement of disputes between states;

    9. Bearing in mind the 2005 World Summit Outcome, adopted by General Assembly resolution 60/1 of 16 September 2005, emphasizing the obligation of States to settle their disputes by peaceful means;

    * * *

    10. Recommends that the Governments of member States maintain, and keep under review, a list of treaties and other instruments which provide for the nomination of arbitrators or conciliators for inclusion in lists maintained for the purpose of implementing provisions concerning the peaceful settlement of disputes;

    11. Recommends further that the Governments of member States consider nominating arbitrators and conciliators in accordance with the instruments in question, and that they keep such nominations under review.

    12. Requests the Secretary General to forward this Recommendation to the Secretary-General of the United Nations.

    Appendix V

    OBJECTIONS TO OUTSTANDING RESERVATIONS AND DECLARATIONS TO INTERNATIONAL TREATIES
    OBJECTIONS AUX RÉSERVES ET DÉCLARATIONS AUX TRAITÉS INTERNATIONAUX
    SUSCEPTIBLES D’OBJECTION

    (07/03/08)

    Legend / Légende:

    l State has objected / L’Etat a fait objection
    £ State intends to object / L’Etat envisage de faire objection
    ¤ State does not intend to object / L’Etat n’envisage pas de faire objection

    TREATIES / TRAITÉS
    A. Convention on the Rights of Persons with Disabilities and Optional Protocol thereto / Convention relative aux droits des personnes handicapées et son protocole facultatif, New York, 13 December / décembre 2006
    B. International Covenant on Economic, Social and Cultural Rights / Pacte international relative aux droits économiques, sociaux et culturels, New York, 16 December / décembre 1966
    C. United Nations Convention against Corruption / Convention des Nations Unies contre la Corruption, New York, 31 October / octobre 2003
    D. Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Adoption of an Additional Distinctive Emblem (Protocol III) / Protocole additionnel aux Conventions de Genève du 12 août 1949 relatif à l’adoption d’un signe distinctif additionnel (Protocole III), Geneva/ Genève 8 December / décembre 2005
    E. International Convention for the Suppression of Acts of Nuclear Terrorism / Convention internationale pour la répression des actes de terrorisme nucléaire, New York, 13 April/avril 2005

 

Conventions

A

B

C

D

E

    States / Etats

Reservation/
Réserve

1

2

3

4

5

6

7

8

9

10

El Salvador

Mauritius
Maurice

Bahrain
Bahreïn

Bahamas

United States of America
Etats-Unis d’Amérique

Israel
Israël

Egypt
Egypte

Turkey
Turquie

United Arab Emirates
Emirats Arabes Unis

Saudi Arabia Arabie Saoudite

Deadline
Délai

30/03/07

25/09/07

3/10/08

30/01/09

5/12/07

21/11/08

03/11/05

31/10/05

28/01/09

6/02/09

Albania / Albanie

                   

Andorra / Andorre

                   

Armenia / Arménie

                   

Austria / Autriche

£

   

¤

           

Azerbaijan / Azerbaïdjan

                   

Belgium / Belgique

                   

Bosnia and Herzegovina / Bosnie-Herzégovine

                   

Bulgaria / Bulgarie

                   

Croatia / Croatie

                   

Cyprus / Chypre

                   

Czech Republic / République tchèque

                   

Denmark / Danemark

                   

Estonia / Estonie

                   

Finland / Finlande

£

                 

France

                   

Georgia / Géorgie

                   

Germany / Allemagne

£**

                 

Greece / Grèce

                   

Hungary / Hongrie

                   

Iceland / Islande

                   

Ireland / Irlande

     

¤

       

¤

 

Italy / Italie

           

l

     

Latvia / Lettonie

           

l

l

   

Liechtenstein

                   

Lithuania / Lituanie

                   

Luxembourg

¤

¤

¤

¤

¤

¤

¤

¤

¤

 

Malta / Malte

                   

Moldova

¤

¤

¤

¤

¤

¤

¤

¤

¤

 

Monaco

                   

Montenegro

                   

Netherlands / Pays-Bas

l

     

l

         

Norway / Norvège

                   

Poland / Pologne

£**

                 

Portugal

                   

Romania / Roumanie

                   

Russian Federation / Fédération de Russie

           

£*

     

San Marino / Saint-Marin

                   

Serbia / Serbie

                   

Slovakia / Slovaquie

£**

                 

Slovenia / Slovénie

                   

Spain / Espagne

                   

Sweden / Suède

 

£

               

Switzerland / Suisse

                   

“the former Yugoslav Republic of Macedonia”/ ”l’ex-République yougoslave de Macédoine”

                   

Turkey / Turquie

                   

Ukraine

                   

United Kingdom / Royaume-Uni

     

¤

       

¤

 

Canada

                   

Holy See / Saint-Siège

                   

Israel

                   

Japan / Japon

   

¤

         

¤

¤

Mexico / Mexique

                   

United States of America / Etats-Unis d’Amérique

           

¤

     

    (*) Consideration of political statement / Considération d’une déclaration de nature politique
    (**) If confirmed upon ratification / Si confirmé lors de la ratification
    (***) Considers it a late reservation and therefore not in force / Considère ceci comme une réserve tardive et donc pas en vigueur

    Appendix VI

    Preliminary draft agenda for the 36th meeting

    A. INTRODUCTION

    1. Opening of the meeting by the Chair, Sir Michael Wood

    2. Adoption of the agenda

    3. Approval of the report of the 35th meeting

    4. Statement by the Director of Legal Advice and Public International Law, Mr Manuel Lezertua

    B. ONGOING ACTIVITIES OF THE CAHDI

    5. Decisions by the Committee of Ministers concerning the CAHDI and requests for the CAHDI's opinion

      - “Disconnection clause”: adoption of the draft report of the CAHDI

    6. Programme of activities of the CAHDI for 2008-2009

    7. State immunities:

      a. State practice
      b. UN Convention on Jurisdictional Immunities of States and Their Property – Tour de table on the situation in each member and observer State

    8. Organisation and functions of the Office of the Legal Adviser of the Ministry for Foreign Affairs

      a. Situation in member and observer States
      b. The role of the OLA in national implementation of international law

    9. National implementation measures of UN sanctions and respect for Human Rights

    10. Cases before the ECHR involving issues of public international law

    11. Peaceful settlement of disputes:

      - Overlapping jurisdiction of international tribunals

    12. Law and practice relating to reservations and interpretative declarations concerning international treaties: European Observatory of Reservations to International Treaties:

      a. List of outstanding reservations and declarations to international treaties
      b. Consideration of reservations and declarations to international treaties applicable to the fight against terrorism

    C. GENERAL ISSUES ON PUBLIC INTERNATIONAL LAW

    13. The work of the International Law Commission (ILC) and of the Sixth Committee

    14. Consideration of current issues of international humanitarian law

    15. Developments concerning the International Criminal Court (ICC)

    16. Implementation and functioning of the Tribunals established by United Nations Security Council Resolutions 827 (1993) and 955 (1994) and the Special Tribunal for Lebanon

    17. Follow-up to the outcome document of the 2005 UN World Summit – Advancing the international rule of law

    18. Fight against terrorism - Information about work undertaken in the Council of Europe and other international bodies

    19. Outcome of the International Conference "International Courts and Tribunals - The Challenges Ahead" (London, 6-7 October 2008)

    20. Topical issues of international law

    D. OTHER

    21. Election of the Chair and Vice-Chair of the CAHDI

    22. Date, place and agenda of the 37th meeting of the CAHDI

    23. Other business:

      - Status of ratification of Protocol 14 to the ECHR

Note 1 This document has been classified restricted until examination by the Committee of Ministers.
Note 2 Document CAHDI (2008) 15 prov.
Note 3 See document CAHDI (2008)1 prov.
Note 4 Judgments of the Court of First Instance of the European Communities of 21 September 2005, T-315/01 (Kadi v. Council and Commission) and T-306/01 (Yusuf and Al Barakaat International Foundation v. Council and Commission). All judgments can be downloaded from the website of the European Court of Justice (http://www.curia.europa.eu).


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