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Interpretation of legislative Security Council resolutions
Author(s) -
Bart Smit Duijzentkunst
Publication year - 2008
Publication title -
utrecht law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.216
H-Index - 14
ISSN - 1871-515X
DOI - 10.18352/ulr.90
Subject(s) - law , public law , political science , comparative law , private law , philosophy of law , legal research , face (sociological concept) , interpretation (philosophy) , public international law , legislature , legal profession , sociology , international law , computer science , programming language , social science
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.

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