Applying the Rule of Treaty Interpretation to the 1951 Convention

Abstract

Abstract Chapter 3 analyses the general rule of treaty interpretation, before turning to the evidentiary weight that can be attributed to three sets of materials: (i) domestic and regional court decisions; (ii) the UNHCR Handbook, Guidelines, and other interpretative materials; and (iii) ExCom Conclusions. It notes that the key sources of international refugee law fit uncomfortably within the parameters of the general rule in the Vienna Convention on the Law of Treaties (Vienna Convention). A ‘grey zone’ exists in which instruments that do not constitute interpretative tools under the Vienna Convention rule are nonetheless relied on as ‘persuasive’ in its interpretation. The chapter then assesses whether a human rights approach to interpreting the 1951 Convention is justified. It argues that the 1951 Convention warrants a dynamic or evolutionary approach to interpretation that allows the development of human rights law more broadly to be considered in the interpretative process.