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
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: Suggested Citation