The Significance of the 1980 ICJ Advisory Opinion Interpretation of the Agreement of 25 March 1951 between the Who and Egypt

Forthcoming in a slightly different version, in C Ryngaert (ed-in-chief), I Dekker, R Wessel, J Wouters (eds), Case Law on International Organizations: Text and Commentary, (Oxford University Press 2015)

Amsterdam Law School Research Paper No. 2015-17

Amsterdam Center for International Law No. 2015-08

14 Pages Posted: 30 May 2015 Last revised: 9 Jul 2015

See all articles by Catherine M. Brölmann

Catherine M. Brölmann

University of Amsterdam - Amsterdam Center for International Law

Date Written: May 29, 2015

Abstract

The 1980 WHO Advisory Opinion constitutes a point of reference when it comes to enunciating the sources of obligations binding upon international organizations. It is also authoritative as it elaborates on the general legal obligations governing the relation between an organization and its host state – a relation which in this case possibly for the first time is framed by the Court as one between legal equals. Incidentally, the Court makes an articulate pronouncement on ‘political’ aspects of a question put before it. This short paper comments on the 1980 WHO Opinion and its significance, and it includes excerpts of the judicial decision.

Keywords: International law, international organizations, international institutional law, host state agreement, member state, World Health Organization, Sources of obligation, Duty of cooperation, Good faith, International Court of Justice

JEL Classification: K33

Suggested Citation

Brolmann, C. M., The Significance of the 1980 ICJ Advisory Opinion Interpretation of the Agreement of 25 March 1951 between the Who and Egypt (May 29, 2015). Forthcoming in a slightly different version, in C Ryngaert (ed-in-chief), I Dekker, R Wessel, J Wouters (eds), Case Law on International Organizations: Text and Commentary, (Oxford University Press 2015), Amsterdam Law School Research Paper No. 2015-17, Amsterdam Center for International Law No. 2015-08, Available at SSRN: https://ssrn.com/abstract=2611976

C. M. Brolmann (Contact Author)

University of Amsterdam - Amsterdam Center for International Law ( email )

PO Box 1000
Amsterdam, 1030 BA
Netherlands

HOME PAGE: http://https://home.medewerker.uva.nl/c.m.brolmann/

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