El Tribunal Europeo de Derechos Humanos y el Derecho de los Tratados, ¿Fragmentación o Unidad?

Abstract

The contribution examines how the European Court of Human Rights (ECtHR) deals with general/ «classic» international law and, more particularly, the law of treaties. How is the law of treaties received and applied by the ECtHR? This seems of particular interest given the specific characteristics of the European Convention of Human Rights (ECHR), which, as a «typical human rights treaty», confers rights to individuals and thus differs from the «classic» international law of interstate relations based on reciprocity. More particularly, the contribution assesses whether the object and purpose of human rights treaties/the ECHR –effective human rights protection– requires a specific approach to general international law/the law of treaties. It thus inscribes itself in the fragmentation debate and possible challenges to the unity of international law through regime specific approaches. It is shown respectively that the ECtHR’s reception of the law of treaties differs from the classic international law approach of the Vienna Convention on the Law of Treaties. Still, this seems justified by the specific features of human rights treaties. In sum, it is argued that the ECtHR’s reception of general international law/the law of treaties furthers rather than weakens the overall system of international law.