Kovalenko S.I.
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The evolutionary approach of the European Court of Human Rights to the interpretation of the norms of the European Convention for the Protection of Human Rights and Fundamental Freedoms: theoretical and legal groundsMoscow University Bulletin. Series 11. Law. 2018. 4. p.83-93read more192
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In the present article, the author considers the theoretical and legal basis for the evolutionary interpretation of the European Convention on Human Rights and Fundamental Freedoms of 1950 applied by the European Court of Human Rights. Controversies surrounding the issue challenges us to examine arguments in favour and against legitimacy of an evolutionary interpretation. The author concludes that evolutionary interpretation has been based largely on the object and purpose of the Convention established in its Preamble and Art. 31 of the Vienna Convention on the Law of Treaties.
Keywords: European Convention on Human Rights, European Court of Human Rights, treaty interpretation, evolutionary (evolutive) interpretation, VCLT
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The role of Article 31 of the Vienna Convention on the Law of Treaties in substantiating the use by the European Court of Human Rights of an evolutionary approach to the interpretation of the norms of the European Convention for the Protection of Human Rights and Fundamental FreedomsMoscow University Bulletin. Series 11. Law. 2018. 5. p.84-89read more155
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The present article is an attempt to continue the examination of the legal basis for the evolutionary interpretation of the European Convention on Human Rights and Fundamental Freedoms of 1950 applied by the European Court of Human Rights. Here, the author analyzes the dynamic elements of Article 31 of the Vienna Convention on the Law of Treaties.
Keywords: European Convention on Human Rights, European Court of Human Rights, evolutionary (evolutive) interpretation, VCLT
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