The Rules of Interpretation of European Convention on Human Rights in Light of the European Court of Human Rights’ Judicial Precedent

Sadat Akhavi, Seyyed Ali; Parsaniya, Nafiseh

doi:10.22066/cilamag.2013.15999

The Rules of Interpretation of European Convention on Human Rights in Light of the European Court of Human Rights’ Judicial Precedent

Authors

Seyyed Ali Sadat Akhavi

Nafiseh Parsaniya

10.22066/cilamag.2013.15999

Abstract

The rules of international law concerning the interpretation of treaties are laid down in Articles 31-33 of the 1969 Vienna Convention on the Law of Treaties. Those rules have been constantly applied by international tribunals, but what distinguishes the European Court of Human Rights from other tribunals is its emphasis on four specific rules of interpretation, namely, Dynamic Interpretation, Autonomous Concepts, Effective Interpretation and Margin of Appreciation. The present study examines these rules and their application in the case-law of the European Court of Human Rights.

Keywords

human rights

The European Convention on Human Rights

the European Court of Human Rights

Interpretation of Treaties

The Interpretation Rules of the European Convention on Human Rights