Der UNO-Sicherheitsrat und die Universalgrammatik des Völkerrechts – Zur Interpretation von Sicherheitsratsresolutionen

The article examines whether the interpretation of resolutions of the UN Security Council follows the universal grammar of public international law with general rules of interpretation or a special grammar. First, interpretation will be presented as a practice of argumentation on the basis of certain rules. Thereafter, the contribution analyses the pronouncements of the international judiciary regarding the method of interpretation applicable to Security Council resolutions. In the next step, the article questions arguments that justify or contest the applicability of the interpretive regime for international treaties on the basis of a comparison of Security Council resolutions with agreements and unilateral acts. Finally, the contribution examines the impact on interpretation of the derivative character of Security Council resolutions as secondary law and of the serial practice of the Security Council. The study concludes that the interpretation of Security Council resolutions follows the universal grammar of public international law. However, its rules of interpretation must be applied in a specific manner adjusted to the object of interpretation. It will also be demonstrated that the practice of interpretation is less stable than the metaphor of a “grammar” might insinuate. The practice of interpretation rather changes over time and is - at least potentially - reflexive because it can have repercussion on the drafting of Security Council resolutions.