18
enshrined therein are of ordre public, and may generate effects erga omnes. The
overcoming of reciprocity in human rights protection has taken place amidst the
constant search for an expansion of the ambit of protection (for the safeguard of an
increasingly wider circle of individuals, in any circumstances), for achieving a higher
degree of the protection due, and for the
gradual strengthening of the mechanisms of supervision, in the defense of common
superior values.
5.
Concluding Observations.
61.
Last but not least, attention should also be drawn to the interaction of human
rights treaties in the process of interpretation. Given the multiplicity of those treaties,
it comes as little or no surprise that the interpretation and application of certain
provisions of a given human rights treaty have at times been resorted to as
orientation for the interpretation of corresponding provisions of another - usually
newer - human rights treaty. The practice of international supervisory organs including under the two regional, European and Inter-American, systems of protection
- affords several examples of such interpretative interaction 68.
62.
Moreover, given the possible concurrent interpretation of equivalent provisions
of two or more human rights treaties, there is room for the search of the most
favourable norm to the alleged victim. This test - primacy of the most favourable
norm to the individual, - gathers express support in certain provisions of such human
rights treaties such as Article 29(b) of the American Convention on Human Rights, and
has found application in practice.
63.
The essential motivation underlying the interpretation of human rights treaties
has been, rather than to ensure the uniformity of international law in general and in
all circumstances whatsoever, to respond effectively to the needs and imperatives of
the 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 ago 69, that the preambles themselves of the
68
. Cf. A.A. Cançado Trindade, "Co-existence and Co-ordination of Mechanisms...", op. cit. supra n. (14), pp.
91-112, esp. pp. 101-103.
69
. In respect of the 1969 Vienna Convention on the Law of Treaties; cf. E. Schwelb, "The Law of Treaties
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