26 April 1999

No. 99/364

Reference documents

- CM(99)57

- GR-J(99)7

- CM/Del/Dec(99)661/10.1

The ad hoc Committee of Legal Advisers on Public International Law (CAHDI) held its 17^th meeting in Vienna on 8 and 9 March 1999. Details of the matters discussed at that meeting are set out in the abridged report of the meeting (doc. CM(99)57).

The Secretariat notes in particular that at the meeting, the CAHDI was notified of Israel’s request to be admitted as an observer to the CAHDI (see the letter of 1 March 1999 from the Israeli Ambassador at Appendix I). When the CAHDI considered this request, the procedure for consulting the Permanent Delegations was not yet completed, as the closing date for it had been set at 31 March 1999 (see letter of 2 March 1999 from the Deputy Director of Legal Affairs at Appendix II). The CAHDI nevertheless welcomed Israel’s request and expressed the hope that Israel could join in its work at its next meeting, provided there were no opposition to Israel’s being granted observer status.

As no Delegation subsequently notified the Secretariat that it wished to forward the request to the Committee of Ministers for decision, Israel has accordingly been granted observer status with the CAHDI with effect from 1 April 1999.

DRAFT DECISION

Item 10.2a

(CM(99)57)

The Deputies took note of the abridged report of the 17^th meeting of the ad hoc Committee of Legal Advisers on Public International Law, subject to items 10.2b and 10.2c.

At its 17^th meeting, the CAHDI adopted a draft Recommendation on responses to inadmissible reservations to international treaties. This draft Recommendation appears at Appendix IV to CM(99)57.

The purpose of this recommendation is to propose that states take account, in their domestic law and practice, of the model response clauses appended to the recommendation when they are faced with reservations to international treaties whose admissibility is open to doubt. These model response clauses are a reflection of member states’ current practice and are presented by way of example. They are therefore not binding for member States’ practice in this field.

Item 10.2b

(CM(99)57)

The Deputies adopted Recommendation No. R (99) … of the Committee of Ministers to member States on responses to inadmissible reservations to international treaties, as it appears at Appendix … to this Volume of Decisions <see Appendix IV to document CM(99)57)>.

The Rapporteur Group on Legal Co-operation considered Parliamentary Assembly Recommendation 1382 at its meetings on 7 December 1998 and 11 February 1999 (see Synopsis of the meeting of 11 February 1999 summarising the Delegations’ views on each of the Assembly’s proposals as expressed at the Group’s two meetings, GR-J(99)7).

On a proposal by the GR-J, the Deputies gave ad hoc terms of reference to the CAHDI at their 661^st meeting (24-25 February 1999, item 10.1), instructing it to give an opinion on the Parliamentary Assembly’s recommendation in the light of the GR-J’s exchange of views. These terms of reference expired on 31 March 1999.

At its 17^th meeting, the CAHDI gave the opinion requested. It appears at Appendix III to doc. CM(99)57.

Item 10.2c

(CM(99)57, GR-J(99)7, CM/Del/Dec(99)661/10.1)

The Deputies

1. took note of the opinion of the ad hoc Committee of Legal Advisers on Public International Law (CAHDI) on Parliamentary Assembly Recommendation 1382 (1998) on drawing up a European code of conduct on arms sales;

2. noted that the CAHDI had fulfilled the ad hoc terms of reference assigned it by decision CM/712/260299;

3. invited their Rapporteur Group on legal co-operation to resume consideration of the Parliamentary Assembly’s Recommendation with a view to preparing a draft reply in the light, particularly, of the CAHDI’s opinion.

Mr Guy DE VEL

Director of Legal Affairs

Council of Europe

67075 Strasbourg Cedex

Sir,

Further to various conversations, I have the honour of informing you that the Government of Israel would like to obtain observer status with the Ad hoc Committee of Legal Advisers on Public International Law, thus strengthening its co-operation links with the different Council of Europe bodies, including the Directorate of Legal Affairs.

Israel has been a observer with the Parliamentary Assembly since 1958 and has been taking part in the work of the various committees of the Directorate of Education, Culture and Sport since 1996, also with observer status.

Similarly, Israel is a party to several of the conventions and legal treaties managed by the Council of Europe.

In the hope that the members of the CAHDI will approve the accession of Israel, I remain

Yours etc (polite formulae)

(signed)

Aryé GABAY

Copy to Mr Raphaël BENITEZ

Secretary of the CAHDI

Copy for information: Members of the CAHDI