Interpretation of the ECHR in the Light of Other International Instruments

in this article, PluriCourts director Geir Ulfstein focuses on other international instruments as an argument for dynamic (evolutive) interpretation of the European Convention on Human Rights (ECHR). Read the article (SSRN).

Ulfstein claims that the European Court of Human Rights (ECtHR) goes beyond using other international legal instruments as inspiration and also beyond the Vienna Convention on the Law of Treaties article 31 (3) (b) and (c) in its use of other international instruments as guidance in its evolutive interpretation of the ECHR. The Court’s evolutive interpretation should rather be based on the ECHR’s object and purpose. By using other international instruments in its evolutive interpretation, the Court can assert that it relies on certain objective standards rather than only on its own subjective preferences.

Tags: Human Rights, Legitimacy
Published June 18, 2015 4:03 PM - Last modified June 18, 2015 4:03 PM