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Intentionalism And The Interpretation Of The Echr

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Chapter Summary

This chapter addresses the European Court's approach to drafters' intentions and the Vienna Convention on the law of treaties (VCLT) in the light of the general philosophical question. It is divided in two parts. Part I, which is more descriptive, provides an account of the European Court's case law on the VCLT and drafters' intentions after a short introduction to originalism. Part II turns to the philosophical foundations of originalism, arguing that its claims are unfounded if not supported by a normative theory about the value of law. The final section of the chapter explores candidate values for the ECHR concluding that the object and purpose of human rights treaties fully justifies the rejection of originalism.

Keywords: ECHR; European Court's approach; intentionalism; VCLT



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