The Use of Article 31(3)(c) of the VCLT in the Interpretation of Human Rights Treaties: A Study of ECtHR Practice

Abstract

This article examines Article 31(3)(c) of the Vienna Convention on the Law of Treaties (VCLT), focusing on its meaning and function in treaty interpretation. It explores the concept of “relevant rules of international law applicable in the relations between the parties” and considers what it means for an interpreter to “take into account” such rules. The article approaches this issue in three stages. First, it analyses the general rule of interpretation under Article 31 of the VCLT in order to clarify the interpretative framework within which Article 31(3)(c) operates. Second, it examines Article 31(3)(c) from a doctrinal perspective, including its drafting history and scholarly debates on its scope and function. Third, it analyses the practice of the European Court of Human Rights (ECtHR).

            The article argues that the concept of “relevant rules” cannot be determined solely by the proximity between norms. Instead, it proposes an argument-based approach, under which relevancy is assessed in light of the interpretative arguments that such rules enable. The article offers an approach to the application of Article 31(3)(c) of the VCLT, as well as a framework for studying its use in practice.