MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT
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III. RELEVANT INTERNATIONAL LAW AND PRACTICE
A. The Vienna Convention of 1969 on the Law of Treaties
39. Article 31 of the Vienna Convention of 1969, which is headed
“General rule of interpretation”, provides:
“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.”
B. Universal systems of human rights protection
1. The United Nations Human Rights Committee
40. Rule 86 of the Rules of Procedure of the United Nations Human
Rights Committee provides:
“The Committee may, prior to forwarding its views on the communication to the
State Party concerned, inform that State of its views as to whether interim measures
may be desirable to avoid irreparable damage to the victim of the alleged violation. In
doing so, the Committee shall inform the State Party concerned that such expression
of its views on interim measures does not imply a determination on the merits of the
communication.”
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