UNITED NATIONS NATIONS UNIES
W O R L D H E A L T H
O R G A N I Z A T I O N ORGANISATION MONDIALE
Special Committee
established by the I I I WHA to consider the Draft
International Sanitary Regulations
DE LA SANTÉ
A3-4/SR/35 19 April 1951 ORIGINAL: ENGLISHDRiiFT INTERNATIONAL SANITARY VZWTjr.ZOW
Parts IX and X - Final and Transitional Provisions Note by the United Kingdom Delegation
The following preliminary observations are submitted by the United Kingdom Delegation for consideration by the Sub-Committee which has been appointed to examine the provisions of Parts IX and X of the draft Regulations.
Article 100
For constitutional reasons anc3 administrative purposes in the United
Kingdom, the period of "nine munths" in relation to rejection of the Regulations or the lodging of reservations is "u.sufficient. It is proposed to substitute
"twelve months".
Article 101
In the view of the United Kingdom, Article 22 of the WHO Constitution does not contemplate that reservations to regulations should be accepted in advance, and implies that there are conditions which must be fulfilled before a
reservation can become valid'. I t is therefore proposed that Article 101 (l) should be replaced by an Article similar to Article 1 0 4 ( 3 ) , namely one
providing that a reservation should not be. valid un", accepted by the Assembly and that the State making it should not become a party to the Regulations until it has been so accepted or has been withdrawn. Words should, however, be
inserted to ensure that States are free to accept the Regulations with reservations
A3-4/SR/35 page 2
which do not substantially detract from their character and purpose, and the Regulations should also specify the date on which they will come into force for
a State which has made reservations.
Colonial Application Article (Page 62 — footnote 9)
In the view of the United Kingdom, it is essential that there should be a Colonial Application Article in accordance with precedent.
Article 106
An Article which purports to define the Constitution of WHO is unacceptable.
Article 107
This matter is at present under discussion by a Working party. The view of the United Kingdom is that the Regulations should provide that disputes should be referred to the Director-General who should employ the appropriate method of settling the dispute or machinery within the Organization in order to solve them, and that no special body should be specified. The right of recourse by a State, if necessary, to the International Court of Justice should be retained, as in the present draft0