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Interpretation of the ECHR in the Light of Other International Instruments

Conference on ‘The European Convention on Human Rights and General International Law’, Strasbourg 5 June 2015

PluriCourts Research Paper No. 15-05

6 Pages Posted: 19 Jun 2015  

Geir Ulfstein

Faculty of Law, University of Oslo; Pluricourts

Date Written: June 17, 2015

Abstract

This paper focuses on other international instruments as an argument for dynamic (evolutive) interpretation of the European Convention on Human Rights (ECHR). I claim 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.

Suggested Citation

Ulfstein, Geir, Interpretation of the ECHR in the Light of Other International Instruments (June 17, 2015). Conference on ‘The European Convention on Human Rights and General International Law’, Strasbourg 5 June 2015; PluriCourts Research Paper No. 15-05. Available at SSRN: https://ssrn.com/abstract=2619592 or http://dx.doi.org/10.2139/ssrn.2619592

Geir Ulfstein (Contact Author)

Faculty of Law, University of Oslo ( email )

PO Box 6706 St Olavsplass
Oslo, 0130
Norway

Pluricourts

Norway

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