How We Can Interpreted ICCPR and ICESCR with another human right treaties

On global level, international community still dont have any treaties or covenant that discussed
exclusively about human right and environmental protection. The first international instrument to
elaborated detailed human rights standard applicable globally was The Universal Declaration of Human
Rights. The declaration was followed by two treaties, which are: 1966 ICESCR, and the 1966 ICCPR.
These instruments have since supplemented by four regional human rights treaties; The 1950 European
Convention for the Protection of Human Rights and Fundamental Freedoms; the 1961 European Social
Charter; the 1969 American Convention on Human Rights; and 1981 African Charter of Human and
Peoples Rights. Those treaties above do allow a conceptual framework and approach for introducting
environmental concern and for the subsequent introduction of express environmental language. 1
According to the article 31 of Vienna convention for the law of treaties 2, to makes the ICCPR and
ICESCR effective, as far as possible, interpretation must be adopted belong a particularly valuable rules
in the case of treaties with environmental object, which is must compatible with object and purpose of the
convention.3 The object and the purpose are often stated clearly in a treaty, including in a preamble. Other
times, they may have to be inferred from the overall structure of the treaty taken as a whole. 4 Another
relationship between environmental protection and economic and social rights is recognised too in other
treaties.5 In addition, a court should consider the parties own interpretation of the treaty as reflected in
subsequent agreements regarding the treatys interpretation and application and in the actual practice of
the parties.6
General Assembly of Human Right already stated on the Preamble that Universal Declaration of
Human Rights established as standard of achievement of human rights. 7 Thus, all of the treaties on human
right should work in accordance of the jurisdiction of UNHCR. Therefore, since the ICCPR and ICESCR
made to supplement the UNHCR8, the interpretation of both treaties can come from the meaning on
articles on UNHCR.
Although, in the preamble of American Convention of Human Right stated the convention
approved standards with respect to economic, social, and educational rights, it also in accordance with the
articles on ICESCR.9 It stated that convention has some purpose with ICESCR. Therefore, American
Convention of Human Right can be considered to interpreting the articles on ICESCR.
None the less, in the preamble of European Convention of Human Right establish that articles on
that convention exist to ensure the Universal Declaration of Human Right. 10 Since the ICCPR and
1

Page 222, Philippe Sands, Principles of International Environmental Law, volume 1:

Frameworks, standards and implementation, Manchester University Press, England, 1994
2
General rule of interpretation, article 31, Vienna Convention of The Law of Treaty
3
Page 15, Patricia Birnie and Alan Boyle, Second Edition, International Law and The
Environment, Oxford University Press, New York
4
Page 22, David Hunter, James Salzman, Durwood Zaelke, International Environmental Law
and Policy, Foundation Press, New York, 1998
5
Page 226 line 1, supra note no 2
6
Ibid of footnote 5
7
General Assembly
8
See Ibid footnote 4
9
Preamble, The American Convention of Human Right
10
Preamble, The European Convention of Human Right

ICESCR exist the Universal Declaration, they have some characteristic with the declaration. Since the
European Convention establish similar rule with Universal Declaration, it can be used to interpreted both
ICCPR and ICESCR.
And in necessary condition, a court should consider the parties own interpretation of the treaty as
reflected in subsequent agreements regarding the treatys interpretation and application and in the actual
practice of the parties.11

11

Ibid of footnote 4