1980

ICJ

Interpretation of the Agreement of 25 March 1951 between the WHO and Egypt Advisory Opinion

The WHO wanted to remove its offices from Alexandria, established there by agreement with Egypt Question addressed by the WHO Director General: 1. Are the provisions on section 37 of the Agreement applicable in the event that either party wishes to have the Regional Offices of the WHO transferred of Egypt 2. If so, what would be the legal responsibilities of both the WHO and Egypt, with regard to the Regional Office, during the two year period between notice and termination of the agreement. Secc 37. The agreement may be revised at the request of each party; the two parties shall consult concerning modifications, if fail of understanding within one year, either party may denounce it giving two years notice. Art IX of its constitution express the capacity to establish regional health organisations, as integral part of WHO VCLT between States & international organisations: Art 6. Capacity of an I organisation to conclude treaties is governed by the rules of that organisation

In the context of the present case, the mutual obligations of the WHI and the host state to co-operate under the applicable legal principles are: 1. Duty of both to consult together in good faith as to the question under what conditions and modalities a transfer of office may be affected 2. In the event of finally decide the office be transferred from Egypt, duty to consult together and to negotiate arrangements needed to effect the transfer in an orderly manner and with a minimum of prejudice to the work of the WHO and the interest of Egypt 3. Duty upon the party which whishes to effect the transfer to give a reasonable period of notice to the other party for the termination of the existing situations regarding the office, taking into account all the practical arrangements needed to effect and orderly transfer