Does the ‘living instrument’ doctrine always lead to ‘evolutive interpretation’? Some remarks after Hassan v the United Kingdom / Zoom In
What is living and what is dead in the European Convention on Human Rights? A Comment on Hassan v United Kingdom
1. Introductory remarks The nexus between the living instrument approach and the interpretative technique codified in Article 31(3)(b) of the Vienna Convention on the Law of Treaties (VCLT) is a close one. As the Court observed in A, B & C v Ireland, the existence of a consensus has long played a role in the...