INTERPRETATION OF INTERNATIONAL HUMAN RIGHTS TREATIES: THE ROLE OF INTERNATIONAL BODIES’ PRACTICE IN THE CONTEXT OF THE “SUBSEQUENT STATES’ CONDUCT” CONCEPT

According to the 1969 Vienna Convention on the Law of Treaties, when interpreting international treaties, among other factors, the subsequent agreements between the parties to the treaty regarding its interpretation or application and the subsequent practice of its application, establishing the agreement of the parties with respect to the interpretation of this treaty (in the aggregate, forming the “subsequent behavior of states”) shall be taken into account (Art. 31(3) (a) and (b)). Given that the practice in the field of international human rights law is largely developed by the efforts of international bodies created to control international human rights treaties, the question arises as to how much using such bodies’ practice for the purpose of interpreting this category of treaties (by these bodies and domestic institutions) corresponds to the mentioned approach laid down in the 1969 Vienna Convention. Despite the fact that the textual interpretation of the relevant provisions of this convention does not imply the possibility of using the practice of international bodies in the context under consideration, the article (with regard to the position of the International Law Commission) examines three aspects of referring to the practice of international bodies in the context of the concept of “subsequent conduct of states”: recognition of the presence in this practice of evidence of the states parties` behavior to international treaties in connection with the relevant treaties, the possibility of its influence on changing the behavior of states (and, thus, potentially — on the formation of their “subsequent conduct”), and the value of this practice as an additional means for interpretation within the meaning of Art. 32 of the 1969 Vienna Convention.

subsequent practice, subsequent agreements, subsequent conduct of states, interpretation of international treaties, 1969 Vienna Convention, International Law Commission, European Court of Human Rights, Human Rights Committee, human rights, Law of treaties

Adzhiev A. Kh. Interpretation of international human rights treaties: the role of international bodies’ practice in the context of the “subsequent states’ conduct” concept. Business. Education. Law, 2021, no. 4, pp. 279—283. DOI: 10.25683/VOLBI.2021.57.471.