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The Title and the Preamble

Tove H. Malloy

From: The Rights of Minorities: A Commentary on the European Framework Convention for the Protection of National Minorities

Edited By: Marc Weller

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 26 May 2024

Indigenous peoples — Religion — Minorities — Human rights remedies — Vienna Convention on the Law of Treaties

This chapter sets out and analyzes the Title and Preamble of the Framework Convention for the Protection of National Minorities (FCNM). The title and the preamble of an international agreement are not decisive in assessing the substance of its provisions but may be relied upon for interpretation purposes. In this instance, it is clear that the FCNM is a binding agreement under international law, subject to the customary international law reflected in the Vienna Convention on the Law of Treaties. The chapter begins with a discussion of four important points that the title of the FCNM adds to the character and the interpretation of the treaty. It then explains the background to the Preamble followed by an analysis of its technical provisions and its more programmatic elements, including the aims and intentions of the drafters. Finally, reference is made to the foundational paragraphs of the Preamble which embed the FCNM in the field of human rights and link it to other instruments.

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