Evolutivno tumačenje međunarodnih ugovora i rizik sudske legislacije
Evolutive Interpretation of Treaties and risk of Judicial Legislation

Summary/Abstract: The risk of judicial legislation is inherent to any method of interpretation of international treaties, but due to particular characteristics of evolutive interpretation, this method of interpretation is especially at risk to slip into judicial legislation. Both key elements of evolutive interpretation: a) the capacity of a treaty to evolve its meaning and b) change that occurred after the conclusion of a treaty that modifies the meaning of the treaty have slippery spots. Branching of evolutive interpretation through the jurisprudence of various international courts and tribunals increased the risk. Despite branching, certain commonalities may be derived from incoherent practices and if they acquire the status of standards, they can reduce the danger of arbitrariness. Besides, a holistic approach to interpretation, as envisaged in Article 31 of the Vienna Convention on the Law of Treaties, can diminish the risk.

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