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The use of article 31(3)(c) of the VCLT in the case-law of the ECtHR : an effective anti-fragmentation tool or a selective loophole for the reinforcement of human rights teleology?

Tzevelekos, Vassilis

Authors

Vassilis Tzevelekos



Abstract

In Part I the Article will briefly introduce the question of the fragmentation of international law, and will more extensively delineate the role that the ILC attributed to Article 31(3)(c) and the ILC's expectations regarding its success in this role. Next, Part II will give an overview of the special elements of the ECHR socio-normative environment, which gave rise to the case law into which Article 31(3)(c) came into force. The Article will argue that, in addition to benefiting from the very special nature of the ECHR, the Strasbourg Court also has a significant number of interpretative tools that allow it to enjoy wide discretion in the choices it often has to make regarding the dilemma between unconditional integration into the international legal order and its (regional) human rights specialty. Once concluded the theoretical part of the study, the Article will proceed in Part III to test the use of Article 31(3)(c) in the case law of the ECtHR. The object of this Part of the study is to assess the validity of the presumptions that Parts I and H introduced with regard to the function of Article 31(3)(c) within a special regime of international law. Part III is structured at two main levels, and will first address the question of normative fragmentation, and second its judicial institutional counterpart. Finally, Part III will consider the evolutive effects of Article 31(3)(c) as these are integrated in the broader question of fragmentation generally, and will treat these effects separately in certain instances, as further delineated in that Part.

Citation

Tzevelekos, V. (2010). The use of article 31(3)(c) of the VCLT in the case-law of the ECtHR : an effective anti-fragmentation tool or a selective loophole for the reinforcement of human rights teleology?. Michigan Journal of International Law, 31(3), 621-690

Journal Article Type Article
Publication Date 2010
Deposit Date Nov 13, 2014
Publicly Available Date Nov 13, 2014
Journal Michigan journal of international law
Print ISSN 1052-2867
Publisher University of Michigan, School of Law
Peer Reviewed Peer Reviewed
Volume 31
Issue 3
Pages 621-690
Public URL https://hull-repository.worktribe.com/output/464602
Publisher URL http://repository.law.umich.edu/mjil/vol31/iss3/3/
Additional Information Copy of article: Vassilis P. Tzevelekos,The Use of Article 31(3)(C) of the VCLT in the Case Law of the ECtHR: An Effective Anti-Fragmentation Tool or a Selective Loophole for the Reinforcement of Human Rights Teleology?, 31 Mich. J. Int'l L. 621 (2010).
Contract Date Nov 13, 2014

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