Interpretation of Legislative Security Council Resolutions

Utrecht Law Review, Vol. 4, No. 3, pp. 188-203, December 2008

22 Pages Posted: 18 Jan 2010

Date Written: December 15, 2008

Abstract

This article looks at the methods for interpreting Security Council resolutions 1373 and 1540, which deal with ‘international terrorism’ and ‘nuclear proliferation’, respectively. Contrary to ‘traditional’ resolutions, these documents impose general and abstract obligations that are not limited in space or time on UN Member States. For this reason, the article argues that they are legislative in character. Consequently, it explores the emergence of a legal regime that sets novel criteria for the imposition of binding international obligations on UN Member States by the Security Council. Based on these findings, it drafts principles for the application and interpretation of these resolutions.

Keywords: Security Council, resolution, international legislation, interpretation, validity, customary law

Suggested Citation

Smit Duijzentkunst, Bart L., Interpretation of Legislative Security Council Resolutions (December 15, 2008). Utrecht Law Review, Vol. 4, No. 3, pp. 188-203, December 2008, Available at SSRN: https://ssrn.com/abstract=1537143

Bart L. Smit Duijzentkunst (Contact Author)

University of Cambridge ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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