Treaty interpretation

Abstract

Numerous treaties are concerned with protecting the dignity of the human person. These range from universal treaties such as the 1966 International Covenant on Civil and Political Rights (ICCPR) to regional conventions such as the 1950 European Convention on Human Rights (ECHR). While this body of human rights law exhibits certain particular characteristics, i.e. it usually is not concerned with reciprocal state rights and obligations, but with an undertaking to protect the individual, it has to be recalled that it remains a branch of public international law, and is subject to the interpretative rules embodied in the 1969 Vienna Convention on the Law of Treaties (VCLT). However, the distinctive characteristics of human rights treaties have led to specific interpretative methods developed by human rights courts and human rights treaty bodies which go beyond the VCLT rules. This entry first examines major schools of thought with respect to treaty interpretation techniques. This is followed by an assessment of relevant treaty interpretative rules reflected in VCLT. Special attention is given to addressing the possible development of its rules in relation to human rights treaties. Subsequently, the entry examines provisions found in human rights treaties which may affect their interpretation. A review of important decisions of human rights courts and bodies on these issues is then undertaken. This entry concludes by analysing specific interpretation principles relating to human rights treaties.