Advisory Opinion Concerning Interpretation of the Agreement of 25 March 1951 Between The World Health Organization and Egypt

Abstract

International law in general — Subjects of international law International organizations — Status in international law — Limited capacities — Power to make and denounce treaties — Reasons for acting

State territory — In general — Nature of territorial sovereignty — Office of international organization situated in territory of State — Relationship between organization and territorial sovereign

Jurisdiction — In general — Territorial — Exemptions from and restrictions upon territorial jurisdiction — International organizations — Agreements between organizations and host States regarding privileges and immunities

Diplomatic and consular intercourse and privileges — Right of other persons to privileges and Immurriries — Officials of international organizations — Agreements between international organizations and host States regulating privileges and immunities of organization and its officials

Treaties — In general — Forms of international agreements — Informal agreements — Whether series of acts by parties evincing intention to create legal regime can give rise to legal obligations

Treaties — Conclusion and operation of treaties — Parties to treaties — Right to conclude treaties — International organizations — Treaties between international organizations and States — Host agreements

Treaties — Termination — By act of party — In general — Right of denunciation — Circumstances in which right of denunciation may be implied in treaty — Whether right subject to conditions concerning consultation and notice — Agreement between international organization and State concerning regional office of organization on territory of contracting State — Right of organization to transfer office — Mutual obligations of parties

Treaties — Termination — By act of party — Mutual consent — Revision of treaties — Agreement between international organization and State concerning regional office of organization — Whether provision for revision of agreement applicable in case where one party wishes to transfer office or terminate agreement

Treaties — Termination — By act of party — Unilateral denunciation — Whether right of unilateral denunciation may be implied in treaty — Provisions of treaty — General international law — Agreement between international organization and State concerning regional office of organization — Right of unilateral denunciation — Whether subject to conditions regarding consultation and notice

Treaties — Interpretation — Consideration of preparatory work — Provision of treaty based upon similar provision in earlier treaty between different parties — Examination of preparatory work of earlier treaty — Agreements between international organizations and host States

Treaties — Special kinds of treaties — Agreements between international organizations and host States — Legal status — Interpretation — Denunciation

International organization and administration — International organization in general — Status of an international organization as a subject of international law — Limited nature of its capacities — Treaties between international organizations and States — Host agreements — Relationship between international organization and host State — Rights and duties of each party — Power of international organization to determine location of its regional offices Decision to transfer office to another State — Whether duty to consult — Whether notice to be given — Applicable legal principles

International organization and administration — The United Nations — Other organs of the United Nations — International Court of — Justice — Function of the advisory jurisdiction of the Court as part of the United Nations system — Duty of Court to assist other organs and agencies of the United Nations

Disputes — International Court of Justice — Advisory jurisdiction Competence — Request for advisory opinion allegedly made for political reasons — Argument not advanced before Court — Whether Court should take cognizance of argument — Relevance of motives for making request — Whether Court should decline to give advisory opinion on questions forming part of wider political dispute — Distinction between political character of problem giving rise to request and legal character of subject-matter of request — Formulation of questions to examine wider legal issues relevant to the case — Whether Court entitled to re-phrase questions

Disputes — The International Court of Justice — Advisory jurisdiction — Opinion — Reasons for opinion — Opinion as lowest common denominator of the views of the concurring judges — Role of separate opinions

International organization and administration — Specialized agencies of the United Nations — World Health Organization — Arrangements between WHO and host State concerning regional office of WHO — Legal nature of arrangements — Legal relationship between international organization and host State — Whether subject to a contractual regime — Whether agreement between WHO and host State regulating privileges, immunities and facilities a “host agreement” — Right of WH0 to transfer regional office to another State — Whether involving denunciation of agreement — Whether provisions regulating revision of agreement applicable to transfer of office Legal principles governing transfer of office — Duty of consultation — Reasonable period of notice — Concept of ‘establishment’ of regional office — Legal concept — Establishment resulting from series of acts based on mutual understanding and from formal agreement

Treaties — In general — Conception and function — Agreement between international organization and host State — Legal status and function — Forms of international agreements — Whether series of acts by parties evincing intention to create legal regime capable of giving rise to legal obligations — Right to conclude treaties International organizations

Treaties — Termination — By act of party — In general — Right of denunciation — Circumstances in which right of denunciation may be implied in treaty — Whether right subject to conditions concerning consultation and notice — Agreement between international organization and host State — Right of organization to transfer office — Whether involving denunciation of agreement — Whether governed by provision concerning revision of agreement — Interpretation — Consideration of preparatory work — Provision based upon similar clause in earlier treaty — Examination of preparatory work of earlier treaty

Disputes — International Court of Justice — Advisory jurisdiction — Competence — Request for advisory opinion allegedly made for political reasons — Argument not advanced before Court — Whether Court should take cognizance of argument — Relevance of motives for making request — Whether Court should decline to give advisory opinion on questions forming part of wider political dispute Distinction between political character of problem giving rise to request and legal character of subject — matter of request — Formulation of questions in request — Whether Court entitled to go behind formulation of questions to examine wider legal issues relevant to the case — Whether Court entitled to re — phrase questions — Advisory opinion — Reasons for opinion — Opinion as lowest common denominator of the views of the concurringjudges — Role of separate opinions

International law in general — Subjects of international law — International organizations — Status in international law — Limited international legal capacity — Power to make and denounce treaties — Whether obliged to act only to further objectives laid down in constitution of organization

State territory — In general — Nature of territorial sovereignty — Office of international organization situated in territory of State — Relationship between organization and territorial sovereign — Jurisdiction — Exemptions from — Privileges and immunities of international organizations