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principles of treaty interpretation as set out in the Vienna
Convention on the Law of Treaties (VCLT).101
IV. ARTICLE 1(3): HISTORY AND CURRENT
APPROACHES
In this Part, the Article addresses the gaps outlined above
by undertaking a thorough review of the drafting history of
Article 1(3) and an analysis of its interpretation and
implementation by the Committee.
Article 31(1) of VCLT sets out the principal scheme of
treaty interpretation: “A treaty shall be interpreted in good faith
in accordance with the ordinary meaning to be given to the terms
of the treaty in their context and in the light of its object and
purpose.”102 It is worth noting as a general matter that human
rights treaties should arguably be interpreted in a manner
“favorable to the effective protection of individual rights.”103
VCLT permits recourse to preparatory materials (travaux
préparatoires) as supplementary tools when other canons of
treaty interpretation deliver ambiguous (or absurd) results.
Although the intentionalist approach to treaty interpretation
remains highly contested, it is generally agreed that preparatory
materials can shed light on the literal and contextual meanings
of a provision and that the intention of parties, as distilled from
the preparatory materials, serves as “a relevant and underlying
consideration”—even if they remain in the background.104 Given
the ambiguity and confusion surrounding Article 1(3), this Part
begins by considering its drafting history.
101 Vienna Convention of the Law of Treaties, May 23, 1969, 1155
U.N.T.S. 331 [hereinafter VCLT].
102 Id. art. 31.
103 Kerstin Mechlem, Treaty Bodies and the Interpretation of Human
Rights, 42 VAND. J. TRANSNAT’L L. 905, 912 (2009) (citing MATTHEW CRAVEN,
THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS:
A PERSPECTIVE ON ITS DEVELOPMENT 3 (1995) (“[T]he terms (of a human rights
treaty) are to be interpreted in a manner favourable to the individual and that,
in particular, limitations and restrictions on rights are to be read narrowly.”)).
See also Tobin, supra note 16, at 50 (noting that international human rights
treaties should be interpreted dynamically and in a manner that reflects “factors
which are considered essential to ensure a constructive approach to
interpretation.”); Pushpanathan v. Canada, [1998] S.C.R. 982, ¶ 57 (Can.) (“This
overarching and clear human rights object and purpose is the background
against which interpretation of individual provisions must take place.”).
104 Tobin, supra note 16, at 23.