15. The ILC’s Articles Seen from a WHO Perspective

Burci, Gian Luca; Feinäugle, Clemens

doi:10.1163/9789004256088_016

Cited by 2 publications

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“…5, which reads: «in the event of a dispute between WHO and one or more States Parties concerning the interpretation or application of these Regulations, the matter shall be submitted to the Health Assembly». It seems that this norm could pave the way towards a mechanism, albeit rather primitive, of settling disputes, 85 which would make resorting to countermeasures both redundant and illegitimate. This same norm's clauses leading up to the fifth, state that in the case of disputes between WHO's Member States, they can refer the question to the Organisation's Director General or put it forward for arbitration.…”

Section: The (Non) Existence Of a Statutory Sanctioning Mechanism In mentioning

confidence: 99%

(Non) Compliance with the International Health Regulations of the WHO from the Perspective of the Law of International Responsibility

Spagnolo

2017

Global Jurist

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International Health Regulations (IHR) of the World Health Organization (WHO) are fundamental to ensure an adequate response of the international community to health emergencies such as the spread of the virus Ebola in 2014. This notwithstanding, WHO's Member States appear reluctant to comply with the IHR and in particular they violate the ban on unnecessary trade and travel restrictions. After having presented the lack of compliance with the IHR, the present article analyses the means at the disposal of the WHO for sanctioning the behaviour of its Member States, both from the perspective of WHO's internal rules and from the perspective of the law of international responsibility, evaluating if countermeasures might represent a viable solution. The conclusions will offer a broad reflection on the codification process of the rules on the responsibility of international organisations concluded by the International Law Commission in 2011.

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Section: The (Non) Existence Of a Statutory Sanctioning Mechanism In mentioning

confidence: 99%

(Non) Compliance with the International Health Regulations of the WHO from the Perspective of the Law of International Responsibility

Spagnolo

2017

Global Jurist

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“…The legal counsel of the World Health Organization affirmed that the rules might allow the development of a "customized internal legal order that could avoid legal controversies about rather minor issues". 37 The World Health Organization stated that the obligations arising directly from its constituent instrument are necessarily international obligations, save for staff regulations. 38 What is, then, the administrative function of an international organization?…”

Section: Hybrid Theoriesmentioning

confidence: 99%

The Dual Legality of the Rules of International Organizations

Gasbarri¹

2017

International Organizations Law Review

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This paper examines the legal nature of the 'rules of international organizations' as defined by the International Law Commission in its works on the law of treaties and on international responsibility. Part 1 introduces the debate with an example concerning the nature of UN Security Council anti-terrorism resolutions. Part 2 challenges the four theories of the rules envisaged by scholarship. Part 3 is an attempt to examine the characteristics of the legal system produced by international organizations taking advantage of analytical jurisprudence, developing a theory of their legal nature defined as 'dual legality'. Part 4 concludes by appraising the effects of the dual legality looking at the law of treaties, international responsibility and invalidity for ultra vires acts.

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15. The ILC’s Articles Seen from a WHO Perspective

Cited by 2 publications

References 0 publications

(Non) Compliance with the International Health Regulations of the WHO from the Perspective of the Law of International Responsibility

(Non) Compliance with the International Health Regulations of the WHO from the Perspective of the Law of International Responsibility

The Dual Legality of the Rules of International Organizations

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