13.
That said, the principal rule for the interpretation of treaties contained in the Vienna
Convention on the Law of Treaties25 and 26 is that:
“[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.”
14.
This provision includes four means of interpretation. One of the methods is based on
good faith which signifies that what was agreed by the States Parties to the treaty in question
should be understood in accordance with what they really intended to agree on, so that this
is applied faithfully and has practical effects. The second is the textual or literal method, which
relates to the analysis of the text of the treaty, the vocabulary used and the ordinary meaning
of its terms. Another is the subjective method, which seeks to establish the intention of the
States Parties to the treaty by also analyzing the travaux préparatoires and their impact on
the treaty. And the fourth is the functional or teleological method that seeks to determine the
object and purpose of the treaty. These four methods should be applied simultaneously and
harmoniously in the interpretation of a treaty, without giving preference to any of them. 27
15.
Ultimately, what underlines everything indicated above is, on the one hand, that the
inter-American jurisdiction established in the Convention is the peaceful way to resolve the
disputes that arise among its States Parties in relation to respect for the human rights of the
persons subject to their respective jurisdictions and, on the other, that the Court, when
proceeding in conformity with the provisions of the Convention, provides its rulings with the
necessary corresponding legal certainty. And, all this considering that the law is the means
to achieve justice and justice the means to achieve peace.
B.
The role of the individual opinion
16.
This partially dissenting opinion is issued with full and absolute respect for the decisions
taken by the Court in this case that, consequently, must be complied with. This text cannot,
therefore, be interpreted in any way or under any circumstance as detracting from the
legitimacy of the decision adopted in this case.
17.
Based on the foregoing consideration, I must, therefore, indicate expressly that the
thesis set out in this opinion does not seek, in any way, to weaken or restrict the exercise of
25
Hereinafter, the Vienna Convention.
Art. 31: General rule of interpretation. 1. 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. 2. The
context for the purpose of the interpretation of a treaty shall comprise, in addition to the text, including its preamble
and annexes: (a) any agreement relating to the treaty which was made between all the parties in connection with
the conclusion of the treaty; (b) any instrument which was made by one or more parties in connection with the
conclusion of the treaty and accepted by the other parties as an instrument related to the treaty. 3. There shall be
taken into account, together with the context: (a) any subsequent agreement between the parties regarding the
interpretation of the treaty or the application of its provisions; (b) any subsequent practice in the application of the
treaty which establishes the agreement of the parties regarding its interpretation; (c) any relevant rules of
international law applicable in the relations between the parties. 4. A special meaning shall be given to a term if it
is established that the parties so intended.”
26
Art. 32: “Supplementary means of interpretation. Recourse may be had to supplementary means of interpretation,
including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning
resulting from the application of article 31, or to determine the meaning when the interpretation according to article
31: (a) leaves the meaning ambiguous or obscure; or (b) leads to a result which is manifestly absurd or
unreasonable.”
This is what differentiates the interpretation of a treaty from the interpretation of the law in which, in some
countries, such as Chile – according to article 19 of its Civil Code – the literal interpretation prevails: “When the
meaning of the law is clear, its literal meaning should not be disregarded, on the pretext of consulting its spirit.
However, in order to interpret an obscure expression of the law, it is possible to have recourse to its intention or
spirit, clearly expressed in the law, or in the authoritative history of its elaboration.”
27
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