Abstract

JARDON, Luis. The Interpretation of Jurisdictional Clauses in Human Rights Treaties. Anu. Mex. Der. Inter [online]. 2013, vol.13, pp.99-143. ISSN 1870-4654.

This paper assesses the methods by which jurisdictional clauses contained in human rights treaties shall be interpreted by international tribunals in order to determine their jurisdiction over them. The work rejects the idea that special rules for interpreting human rights rules and consequently postures that defend this idea cannot be extended to the interpretation of human rights jurisdictional clauses. Nevertheless, the author concludes that values protected by human rights can indeed be used to interpret a jurisdictional clause, as long as they are incorporated in the method of interpretation contained in article 31 of the Vienna Convention on the Law of Treaties.

Keywords : International tribunals; jurisdiction; treaty interpretation; fragmentation of international law; human rights.

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