Chapter

The Law of Treaties

Magdalena Forowicz

in The Reception of International Law in the European Court of Human Rights

Published in print August 2010 | ISBN: 9780199592678
Published online January 2011 | e-ISBN: 9780191595646 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199592678.003.0002

Series: International Courts and Tribunals Series

The Law of Treaties

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This chapter evaluates how the Strasbourg bodies have used Articles 31 and 32 of the Vienna Convention on the Law of Treaties. These provisions have recently resurfaced in the context of fragmentation of international law. The Court and the Commission became less responsive to these VCLT rules over the years. Initially, the Court resorted to VCLT in order to construct its own autonomous means of interpretation. In subsequent years, the VCLT was used as a rubber stamp to legitimate references to various international law instruments. With time, the VCLT interpretation rules have survived in the Strasbourg case law and they are currently applied, albeit infrequently, along with other interpretation rules that the Court has created. Further guidance is necessary in order to improve the Court's use of these provisions.

Keywords: VCLT; systemic interpretation; ordinary meaning; contextual interpretation; teleological interpretation; fragmentation

Chapter.  25954 words. 

Subjects: Human Rights and Immigration

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