Chapter VII. Decisions and advisory opinions of international tribunals

INTERNATIONAL COURT OF JUSTICE

INTERPRETATION OF THE AGREEMENT OF 25 MARCH 1951 BETWEEN WHO AND EGYPT1 ADVISORY OPINION OF 20 DECEMBER 19802

Determination by the Court of the meaning and implications of questions submitted for advisory

opinion — Need for Court to ascertain and formulate legal questions really in issue.

International organizations and host States — Respective powers of the organization and the host State with regard to seat of headquarters or regional offices of organization — Mutual obligations of co-operation and good faith resulting from a State's membership of organization as well as from relations between organization and host State — Legal principles and rules applicable on transfer of office of organization from territory of host State concerning conditions and modalities for effecting transfer — Duty to consult — Consideration of provisions of host agreements and of Vienna Convention on the Law of Treaties — Application of principles and rules of general inter-national law — Mutual obligation to co-operate in good faith to promote the objectives and purposes of the Organization.

On 20 May 1980 the World Health Assembly had decided to request of the Court an advisory opinion on the following questions:

"1 . Are the negotiation and notice provisions of Section 37 of the Agreement of 25 March 1951 between the World Health Organization and Egypt applicable in the event that either party to the Agreement wishes to have the Regional Office transferred from the territory of Egypt?

2. If so, what would be the legal responsibilities of both the World Health Organization and Egypt, with regard to the Regional Office in Alexandria, during the two-year period between notice and termination of the Agreement?

Pursuant to Article 65, paragraph 2, of the Statute, the Director-General of the World Health Organization had transmitted to the Court a set of documents likely to throw light upon these questions.

In accordance with Article 66, paragraph 2, of the Statute, the WHO and those of its member States entitled to appear before the Court had been informed that the Court was prepared to receive from them written or oral statements furnishing information on the questions put to it.

On 6 June 1980 the President of the Court had made an Order fixing 1 September 1980 as the time-limit for the submission of written statements (I.C.J. Reports 1980, p. 67). Written statements were received from the Governments of Bolivia, Egypt, Iraq, Jordan, Kuwait, the Syrian Arab Republic, the United Arab Emirates and the United States of America.

On 21, 22 and 23 October 1980 the Court held public sittings at which oral statements were made on behalf of Egypt, the Syrian Arab Republic, Tunisia, the United Arab Emirates and the United States of America, and the Director of the Legal Division of the WHO answered questions put to him by Members of the Court.

On 20 December 1980 the Court delivered at a public sitting the Advisory Opinion {I.C.J. Reports 1980, p. 73) which is summarized below:

Factual and legal background to the submission of the Request {paras. 1-32 of the Advisory

Opinion)

After detailing the various stages of the proceedings (paras. 1-9), the Court recounted the antecedents of the WHO Regional Office at Alexandria, from the creation in that city of a general Board of Health in 1831 for the purpose of preventing epidemics up to the integration of the Alexandria Sanitary Bureau with the WHO in 1949 as a regional organ. The Eastern Mediterranean Regional Office had commenced operations on 1 July 1949, while negotiations were in progress between the WHO...