Evolutionary interpretation of customary rules of international law in the practice of international courts

Abstract

The study is dedicated to the analysis of the concept of evolutionary interpretation in international law, with an emphasis on the possibilities and limits of its application to the norms of international customary law. Based on the practice of the European Court of Human Rights, the International Court of Justice, international criminal tribunals, and arbitrations, the use of evolutionary (dynamic) interpretation beyond treaty law has been examined. A distinction has been made between the narrow and broad understanding of evolutionary interpretation, and the role of semantic changes in legal terms, subsequent state practice, and opinio juris has been analyzed. It is concluded that, despite the absence of formalized criteria, the evolutionary interpretation of international customary law is effectively applied by international courts to adapt norms to changing conditions while maintaining a balance between legal certainty and the dynamic development of international law.