On the Interpretation of Human Rights Treaties and Subsequent Practice

McGrogan, David (2014) On the Interpretation of Human Rights Treaties and Subsequent Practice. Netherlands Quarterly of Human Rights, 32 (4). pp. 347-378. ISSN 0924 - 0519

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The interpretation of human rights treaties is not often addressed from a formal legal perspective. This article argues that such a perspective is necessary, and that it would likely involve conceptualising part of the work of the UN human rights treaty bodies as conduct constituting subsequent practice establishing the agreement of the parties under Article 31 (3) (b) of the Vienna Convention on the Law of Treaties. The article draws from the jurisprudence of the International Court of Justice and the Dispute Settlement Body of the World Trade Organisation, as well as other international courts and tribunals, to postulate a framework for analysing the work of the UN treaty bodies if it were to be conceptualised in this way. The article sets forth likely requirements for the crystallisation of subsequent practice in the human rights context, before considering some of the implications of the proposed model.

Item Type: Article
Uncontrolled Keywords: formalism, interpretation, public international law, treaty law, united nations
Subjects: M100 Law by area
M200 Law by Topic
M900 Other in Law
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: David Mcgrogan
Date Deposited: 17 Dec 2014 12:10
Last Modified: 10 Oct 2019 21:15
URI: http://nrl.northumbria.ac.uk/id/eprint/11255

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