20
international protection of human beings. In proceeding in this way, international
supervisory organs - such as the two regional Human Rights Courts - have constructed
a converging jurisprudence as to the special nature of human rights treaties and the
implications and consequences ensuing therefrom. This has been largely due to the
overriding identity of the object and purpose of those treaties. The reassuring result
has been a uniform interpretation of the International Law of Human Rights. This, in
turn, has contributed significantly to the development of international law in the
present domain of protection.
64.
Thus, a chapter of international law usually approached in the past from the
outlook of State voluntarism, comes nowadays to be seen in a different light, under the
influence of basic considerations of humanity. Although this chapter of international
law, - the law of treaties, - has been opened to manifestations of the individual "will" of
States, as from the issue of the treating-making power itself, - the fact cannot keep on
being overlooked that basic considerations of humanity have marked their presence
also in the law of treaties. As demonstration of this evolution, developments pertaining
to the interpretation of treaties, reservations to treaties, denunciation of treaties, and
termination and suspension of operation of treaties disclosed a certain preparedness to
elaborate freely on areas such as those, so as to search for responses to the
contemporary needs of the international community.
65.
Like International Law in general, the law of treaties in particular is undergoing a
historical process of humanization as well. It cannot pass unnoticed, as timely recalled
by Egon Schwelb three decades ago69, that the preambles themselves of the two
Vienna Conventions on the Law of Treaties (of 1969 and 1986) contain an assertion of
the principle of universal respect for, and observance of, human rights70. The treatymaking power is no longer an exclusive prerogative of States, as it used to be in the
past; the 1986 [second] Vienna Convention on the Law of Treaties came to address the
treaty-making of international organizations, some of which devoted to causes of direct
interest to human beings and humankind as a whole.
66.
The interpretation of treaties has been considerably enriched by the
methodology pursued by international supervisory organs of human rights treaties.
Such interpretation has adjusted itself to the specificity of human rights treaties71. It
has, moreover, favoured a harmonization of the standards of implementation of the
protected rights in the domestic legal order of the States Parties to those treaties72. The
69
. In respect of the 1969 Vienna Convention on the Law of Treaties; cf. E. Schwelb, "The Law of Treaties and
Human Rights", in Toward World Order and Human Dignity - Essays in Honor of M.S. McDougal (eds. W.M.
Reisman and B.H. Weston), N.Y./London, Free Press, 1976, p. 265.
70
. Sixth preambular paragraph in fine, texts reproduced respectively in: U.N., United Nations Conference on
the Law of Treaties - Official Records, Documents of the Conference (Vienna, 1968-1969), vol. III, N.Y., U.N.,
1971, p. 289; and in: U.N., United Nations Conference on the Law of Treaties between States and
International Organizations or between International Organizations - Official Records, Documents of the
Conference (Vienna, 1986), vol. II, N.Y., U.N., 1995, p. 95.
71
. R. Bernhardt, "Thoughts on the Interpretation of Human Rights Treaties", in Protecting Human Rights: The
European Dimension -Studies in Honour of G.J. Wiarda (eds. F. Matscher and H. Petzold), Köln, C. Heymanns,
1988, pp. 66-67 and 70-71. And cf. Erik Suy, "Droit des traités et droits de l'homme", (eds. R. Bernhardt et
alii), Berlin, Springer-Verlag, 1983, pp. 935-947; E. Schwelb, "The Law of Treaties and Human Rights", op. cit.
supra n. (69), pp. 262-283; G.E. do Nascimento e Silva, Conferência de Viena... , op. cit. supra n. (66), pp.
80-81; E. de la Guardia and M. Delpech, El Derecho de los Tratados y la Convención de Viena, Buenos Aires,
La Ley, 1970, pp. 458 and 454; F. Capotorti, "Il Diritto dei Trattati Secondo la Convenzione di Vienna", in
Convenzione di Vienna sul Diritto dei Trattati, Padova, Cedam, 1984, p. 61.
72
. F. Matscher, "Methods of Interpretation of the Convention", in The European System for the Protection of
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