Treaty Interpretation at the Human Rights Committee: Reconciling International Law and Normativity

51 Pages Posted: 14 Feb 2023

See all articles by David H. Moore

David H. Moore

Brigham Young University - J. Reuben Clark Law School

Date Written: February 10, 2023

Abstract

The Human Rights Committee, the expert body overseeing states’ compliance with the International Covenant on Civil and Political Rights (“ICCPR”), is a key institution in the international human rights architecture. The Committee’s work requires constant interpretation of the ICCPR’s human rights guarantees. While international law dictates how to interpret treaty provisions, including those of the ICCPR, the Committee does not consistently follow the international law of treaty interpretation. Rather, normativity plays an influential role in the Committee’s interpretations. This approach is not uniformly negative; it has both costs and benefits. To minimize the costs, however, this Article identifies a path by which the Committee could both comply with the international law of treaty interpretation and influence the normative development of human rights obligations. Adoption of this path would strengthen the Committee’s legitimacy and impact, key considerations at a time when human rights are under strain.

Keywords: treaty, interpretation, human rights, human rights committee, jurisdiction, jurisdiction and control, right to life, abortion, Vienna Convention, International Covenant on Civil and Political Rights, human dignity, dignity

Suggested Citation

Moore, David H., Treaty Interpretation at the Human Rights Committee: Reconciling International Law and Normativity (February 10, 2023). 56 UC Davis Law Review 1311 (2023), BYU Law Research Paper No. 23-01, Available at SSRN: https://ssrn.com/abstract=4357359

David H. Moore (Contact Author)

Brigham Young University - J. Reuben Clark Law School ( email )

430 JRCB
Brigham Young University
Provo, UT 84602
United States
801-422-8549 (Phone)
801-422-0391 (Fax)

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