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065- Interpretation of the Agreement of 25 March 1951 between the WHO and Egypt

The World Health Organization (WHO) requested an advisory opinion from the International Court of Justice (ICJ) in May 1980 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 ?”

The Court expressed the view that, in the event of a transfer of the Regional Office out of Egypt, WHO and Egypt would have a reciprocal obligation to consult each other in good faith on the terms and conditions of the transfer and to negotiate on arrangements to ensure that the transfer would be least detrimental to the work of WHO and to Egypt’s interests. In addition, notwithstanding the period of notice expressly provided for in the 1951 Agreement, the party wishing the transfer would have an obligation to give the other reasonable notice. During the notice period, the legal responsibilities of WHO and Egypt would be to fulfil in good faith the reciprocal obligations set out above.

Advisory Opinion of 20-12-1980.pdf

This summary is provided for informational purposes only, does not involve the responsibility of Dome and should in no way be used as a substitute for a careful reading of the judgment and order of the case.

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