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Ministers' Deputies Notes on the Agenda
10.5 Ad hoc Committee of Legal Advisers on
Public International Law (CAHDI) Abridged report of the 19th meeting (Berlin, 13-14 March
2000) Reference documents
The Deputies are invited to declassify two documents: the report by Professor Meron on the implications of the European Convention on Human Rights for the development of public international law and the document on practical issues regarding reservations to international treaties, and to communicate them to a number of authorities and institutions, and, further, to take note of the opinion of the CAHDI on Parliamentary Assembly Recommendation 1427 (1999) on respect for international humanitarian law in Europe. ———————————————— The Ad hoc Committee of Legal Advisers on Public International Law (CAHDI) held its 19th meeting on 13 and 14 March 2000 in Berlin. The abridged report of the meeting is reproduced in CM(2000)50. Consideration of the said abridged report was scheduled for the 707th meeting of the Deputies (26 April 2000) and then postponed by decision of the Deputies to the present meeting. The CAHDI agenda included discussion of the report by Professor Theodor Meron on "The implications of the European Convention on Human Rights for the development of public international law", which it was decided to submit to the Committee of Ministers as the CAHDI’s contribution to the celebration of the 50th anniversary of the European Convention on Human Rights. The CAHDI also decided to request that the Committee of Ministers submit the report to the relevant bodies in the Council of Europe, in particular the President of the European Court of Human Rights, and also to the Convention of the European Union responsible for preparing a draft Charter of Fundamental Rights. The Deputies might also communicate Professor Meron’s report (addendum to CM(2000)50) to the Parliamentary Assembly, the Steering Committee for Human Rights, the Commissioner for Human Rights and the President of the European Court of Human Rights and to the above-mentioned European Union Convention. They could also declassify the report so that it might be distributed among scientific circles interested in the issues relating to the European Convention on Human Rights. The CAHDI also approved a document entitled "Practical issues regarding reservations to international treaties" and recommended its publication in the Council of Europe Official Gazette (Appendix IV to CM(2000)50). All texts appended to decisions by the Deputies are published in the Official Gazette of the Council of Europe. As requested by the CAHDI, the Deputies might also communicate the report concerned to the United Nations International Law Commission as a practical contribution by the Council of Europe to the work being conducted by the latter on reservations to international treaties. The CAHDI adopted the opinion requested by the Committee of Ministers on Parliamentary Assembly Recommendation 1427 (1999) on respect for international humanitarian law in Europe. The Deputies might take note of this opinion and agree to examine it at one of their forthcoming meetings, on the basis of a draft reply to be prepared by the Secretariat. It will be remembered that the Deputies also instructed the European Committee on Crime Problems (CDPC) to deliver an opinion on the same recommendation and it would therefore be appropriate to wait until the CDPC has performed this task. The CAHDI completed its examination of conventions coming within its terms of reference, by exchanging views on the European Convention on Consular Functions and its protocols concerning respectively the protection of refugees and civil aircraft (STE 61, 61A and 61B). The Deputies could take note of the fact that the CAHDI has thus performed the tasks assigned to it by the Committee of Ministers.
DRAFT DECISIONS 708th meeting - 3 May 2000 Item 10.5 Ad hoc Committee of Legal Advisers on Public International Law (CAHDI) Abridged report of the 19th meeting (Berlin, 13-15 March 2000) (CM(2000)50 and Addendum, CM/Del/Dec(2000)707/10.2)
Decisions The Deputies 1. took note with satisfaction of the report by Professor Theodor Meron on "The implications of the European Convention on Human Rights for the development of public international law" (Addendum to CM(2000)50), as a contribution by the Ad hoc Committee of Legal Advisers on Public International Law (CAHDI) towards the celebration of the 50th anniversary of the European Convention on Human Rights and agreed to communicate it to the Parliamentary Assembly, the Commissioner for Human Rights, the Steering Committee for Human Rights and the President of the European Court of Human Rights; 2. instructed the Secretary General to communicate the said report to the European Union Convention responsible for preparing a draft Charter of Fundamental Rights; 3. agreed to declassify the Addendum to CM(2000)50; 4. took note of the document entitled: "Practical issues regarding reservations to international treaties" as it appears at Appendix ... to this volume of Decisions < Appendix IV to CM(2000)50>; 5. instructed the Secretary General to communicate the said document to the United Nations International Law Commission as a contribution by the Council of Europe to the current work being performed by the said Commission on reservations in international law; 6. agreed to declassify this document; 7. took note of the opinion by CAHDI on Parliamentary Assembly Recommendation 1427 (1999) on respect for international humanitarian law in Europe and agreed to examine it at one of their forthcoming meetings on the basis of a draft reply to be drawn up by the Secretariat; 8. noted that the CAHDI had completed the examination of the conventions coming within its terms of reference; 9. in view of decisions 1 to 8 above, took note of the abridged report of the 19th meeting of CAHDI (CM(2000)50) as a whole. |