UNITED NATIONS NATIONS UNIES
WORLD HEALTH ORGANIZATION
Special Committee established by the =Mk to consider the Draft International Sanitary Regulations
ORGANISATION MONDIALE
DE LA SANTEA3- 4/SR/65 Rev. I 1 May 1951
ORIGINAL; ENGLISH
DRAFT INTERNATIONAL SANITARY REGULATIONS
Report of the Juridical Sub -Committee
1. The Juridical Sub -Committee held six meetings between 24 and 30 April 1951.
1.1 Representatives of h -following delegations were presents Belgium, Chile, Egypt, France, India, Indonesia, Netherlands, Switzerland, United Kingdom and the United States of America.
1.2 M. R. Maspétiol (France) was elected Chairman.
1.3 Dr. K.C.K.E. Raja (India) was elected Rapporteur.
2. The Sub -Committee considered the following provisions of the Draft International Sanitary Regulations referred to it by the Special Committees Parts IX and X, Article 95, and the definition of "International voy age ". The Sub -Committee also considered the resolution adopted by the Special Committee concerning the establishment of committees to deal with the application of the International Sanitary Regulations, with particular reference to the settlement of questions or'disputes within the World Health Organization.
3. Parts IX and X
3.1 Annex I to this report sets forth the text of Articles 99 to 110 as approved by the Sub -Committee. The Sub -Committee further wishes to bring to the attention of the Special Committee the following points:
Lia -41/ ott/ o: itev. . 1
page 2
3.1.1. In rewording sub -paragraph 4 of Article 99 concerning :the' Pan -American Sanitary Code, the Sub -Committee took account of the note presented by the Pan - American Sanitary Bureau (Document A3-4/SR/57). The Sub -Committee considered, however, that the eventual revision of the Code by the Directing Council of the Pan -American Sanitary organization was a purely procedural matter which con-
cerned only the American States and that, therefore, no reference to the
Directing Council should appear in Article 99. The Delegate of Chile stated that he was in agreement with this opinion.
302..2.0 A majority of the Sub -Committee was in agreement with the opinion of the Legal Sub -Committee of the Expert Committee on Epidemiology and Quarantine as set forth in the footnote on page 62 of the Draft International Sanitary Regulations, namely; that no special clause concerning non -metropolitan terri-
tories should be included inthe Regulations. However, the representatives of the Netherlands and United Kingdom requested that their contrary opinion should be stated in the report. The Sub -Committee recognized that if such a eslause were not included, it would be desirable to make provision in the case of a
State whose constitutional requirements made it difficult for the regulations to be applied within any given period to territories for whose international re-
lations that. State was responsible, and it is therefore, suggested that the Special Committee submit to the World Health Assembly the draft resolution as
set forth in Annex II to this report.
It was also suggested that an alternative solution would be to add to the first paragraph of Article 100 the following:
"Such period may, by notification to the Director -General be extended to eighteen months with respect to overseas or other outlying
territories for whose international relations a State is responsible."
The Sub -Committee agreed to include this suggestion in its report.
3.1.3. The Sub -Committee recognized that difficulties might arise, insofar as the application of the International sanitary Regulations was concerned, if a Member State of the World Health Organization, after becoming bound by the regulations were at a subsequent date to withdraw, or purport to withdraw from the Organization. The Sub -Committee felt that since this question involved, amongst other considerations, the interpretation of the Constitution of the Organization, it could not formulate any specific provisions to be inserted in the Regulations, but that nevertheless the question should be brought to the attention of the Special Committee.
A3- 4/SR/65 Rev-, I page 3
3.1.4. The representative . of Egypt informed the Sub -Committee that insofar as paragraph 3 of Article 107 was concerned, his delegation was of the opinion that disputes which had not been settled under paragraph 1 of that Article should only be referred to the International Court of Justice if both the parties to the dispute had recognized the jurisdiction of the Court as com- pulsory under Article 36 of the Statute of the Court. Egypt had not yet re- cognized such compulsory jurisdiction and he considered that the words "by any State" in paragraph 3 of Article 107 should be replaced by the words "by the parties". He therefore requested the Sub -Committee that his opinion be re-
corded in the report, 4. Article 95
4.1, The Sub -Committee considered that the existing Article might give rise to difficulties in its application. It therefore recommends that it be deleted and that an addition be made to Article 22, which would then read as follows:
Article 22
Sanitary measures and health formalities shall be initiated forthwith, completed without any delay and applied without discrimination.
5
International voyage5.1. The Sub -Committee recommends that the definition of "international voyagea be reworded as follows* "international voyage" means:
in the case of a ship or an aircraft, a voyage between ports or airports in the territories of more than one State, or a voyage between ports or airports in the territory or territories of the same State if the ship or aircraft has
relations with the territory of any other State on its voyage but only as re-, gards these relations;
in the case of a person a voyage involving entry into the territory of a State other than the territory of the State in which that person commences his voyage,
6. Resolution concerning the establishment of committees (A3- 4/SR/59) 6.1. In the light of the provisions of Article 107 as redrafted by the Sub - Committee it was felt that sub -paragraph (iv) of the first part of the resolution should be deleted, and that a special paragraph be inserted dealing with the procedure to be followed in cases of disputes, the text of the resolution as
reworded by the Sub -Committee being set forth in Annex III to this report.
A3- 4 /SR /65 Rev. I
page 4 .ANNEX I
DRAFT INTERNATIONAL SANITARY REGULATIONS Part IX Final Provisions
Article 99
(In the second and last lines of the first paragraph delete the words from
"the provisions of" to "similar agreements" and substitute "the provisions of
the existing international sanitary conventions and similar agreements as follnws: ")
*
13. Articles 2, 9, 10, 11, 16 to 53 inclusive, 61 and 62 of the Pan American Sanitary Code, signed at Habana, 14 November 1924, the provisions of all remaining articles to remain in force; (preceding sub -paragraphs to be renumbered).
Article 100
1. The period provided in execution of Article 22 of the Constitution of the Organization for rejection or reservation shall be twelve months from the noti- fication by the Director -General of the Organization of the adoption of these Regulations by the World Health Assembly.
2. (No change)
Article 101
1. If any State makes a reservation to these Regulations, such reservation shall not be valid unless it is accepted by the World Health Assembly and these Regula- tions shall not enter into force with respect to that State until such reservation has been accepted by the Assembly or, if the Assembly objects to it on the ground that it substantially detracts from the character and purpose of these Regulations,
it has been withdrawn.
2. A rejection in part of these Regulations shall be considered as a reservation.
3(a) The World Health Assembly may, as a condition of its acceptance of a reserva- tion, request the State making such reservation to undertake that it will apply
any obligation or obligations corresponding to the subject matter of such reserva- tion which such State has previously accepted under the existing Conventions and Agreements listed in Article 99.
Aj 4/51t/e7 Rev, I page 5
Annex 1
(b) If a State makes a reservation which in the opinion of the World Health Assembly detracts to an insubstantial extent from an obligation or obligations previously accepted by that State under the existing Conventions or Agreements listed in Article 99, the Assembly may accept such reservation without
requiring as a condition of its acceptance an undertaking of the kind referred to in sub -paragraph (a) of paragraph 3 of this Article.
(e) If the World Health Assembly objects to a reservation, and that
reservation is not then withdrawn, these Regulations shall not enter into force with respect to the State which has made such a reservation. Any existing Conventions and Agreements listed in Article 99 to which such State is already a party consequently remain in force as far as such State is concerned.
(Former paragraph 2 to be deleted) .
Article 102 (No change)
Article 103
1. (No change. Date to be inserted by the World Health Assembly).
2. Any State which becomes a Member of the Organization after (here insert the date to be given in paragraph 1 of Article 103) and which is not already a party hereto, may notify its rejection of, or any reservation to, these Regulations within a period of three months from the data that State becomes a Member of the Organization, Unless rejected, these Regulations shall come
into force with respect to that State, subject to the provisions of Article 101, upon the expiry of that period.
Article 104
1. Any State not a member of the Organization which is a party to any of the Conventions or Agreements listed in Article 99, or to which the Director- General has notified the adoption of these Regulations by the World Health Assembly, may become a party hereto by notifying its acceptance to the Director -General
and, subject to the provisions of Arti la 101, such acceptance shall become
A3- 4/SR/65 Rev. I page 6
Annex 1
effective upon the date of coming into force of these Regulations, or after thrt data, three months after the data of receipt of such notification by the Director-General.
2. For the purpose of the application of these Regulations, Articles, 23, 33, 62, (e3 and 64 of the Constitution of the Organization shall apply to any
non -Member State which becomes a party to these Regulations.
3. (Deleted in its entirety) .
4, (In the fifth line, substitute "resume application of" for "continue to be bound by") .
i,.rticla 105
The Director -Gana ral of the Organization shall notify all Members and associate Members and also the parties to any of the Conventions and
Agreements listed in Article 99 of the adoption by the World Health Assembly of these Regulations, The Director -General shall also notify these States as well as any other State which has become a party to these Regulations of any
additional Regulations amending or supplementing these Regulations, of any notificatión received by him under Articles 100, 102, 103, and 104 respectively, as well as of any decision taken by the World Health Assembly under Article 101.
Article 106 (Deleted by the Special Committee).
Article 107
1. Any question or dispute concerning the interpretation or application of these.Regulations or of any Regulation supplementary to these Regulations may be referred by any State concerned to the Director- General who shall attempt to settle the question or dispute. If such question or dispute is not thus
settled, the Director- General on his own initiative, or at the request of any State concerned, shall refer the question or dispute to aRy committee or other organ of the Organization fcr consideration.
A 3.4/$11/65 Rev.1 page
Annex 1
2. Any State concerned shall be entitled to be represented before such committee or other organ.
3. Any such dispute which has not been thus settled may, by written applib ation, be referred by any State concerned to the International Court of Justice for decision.
Article 108
Tha original texts of these Regulations shall be deposited in the archivas of the Organization. Certified true copies shall be sent by the Director - General to all Members and Associate Members and also to the parties to any of the Conventions and Agreements listed in Article 99. Upon the entry into force of these Regulations, certified true copies shall be delivered by the Director -General to the Secretary -General of the United Nations for
registration in accordance with Article 102 of the Charter of the United Nations.
(The authentification clause to be placed after Part X)
Article 108 bis (new article)
The Eng1ish.an& French texts of these Regulations shall be equally
?u t,hentic .
Part,X - Transitional Provisions
Article 109.
, Notwithstanding any provision to the contrary of any of the existing 6nventions and Agreements, a certificate of vaccination conforming with the rules and the model laid down in the Appendices 2, 3 and 4 shall be accepted as equivalent to the corresponding certificates provided for in the existing
Conventions and Agreements.
2. Notwithstanding the provisions of paragraph 1 of Article 103, the
provisions of this Article shall come into force on . (e.g. six months1from the date of the adoption of these Regulations by the World Health Assembly)'.
A3-- 4/SR/65 Rev. I page 8
Annex 1
3. The application of this Article shall be limited to States which, within three months from the data of the notification by the Director- General of the
adoption of these Regulations by the World Health Assembly, declara that they do not intend to make any reservation to this Article or to J.ppendices 2, 3 and 4.
4. A declaration made under paragraph 3 of this Article may exclude the application of this Article to any one of the Appendices 2, 3 and 4.
19..
Article 110 (No change)
IN FAITH WHEREOF, we have set our hands at Geneva this ...., day of
The President of thaFbu?,h World Health Assembly
The Director -General of the World Health Organization
A3- 4 /SR /65
Rev I
page 9 ANNEX II
DRAFT INTERNATIONAL SANITARY REGULATIONS Draft resolution
concerning the application of the Regulations to non - metropolitan territories
Preamble
The majority of the Juridical Sub -Committee has expressed the opinion that it is unnecessary to have a special clause concerning non -metropolitan territories in the International Sanitary Regulations as it is possible for any Member
State which does not desire to arrange for the application of the Regulations to a territory for whose international relations it is responsible, to make a declaration of rejection insofar as such territory is concerned. Nevertheless certain States desiring to apply the Regulations to territories for whose
international relations those States are responsible may, for constitutional reasons, be unable to ensure the application of the Regulations to such terri- tories within the period provided in Article 102. The Sub -Committee therefore _..00n.s.idered that there should be presented to the Fourth World Health Assembly
a reso1utiorLpermitting those States to postpone the application of the Regula- tions insofar as such territories are concerned.
With the above considerations in mind the Special Committee recommends to the Fourth World Health Assembly the adoption of the following resolution:
Resolution
The Fourth World Health Assembly
RECOGNIZING that a Member State, because of its constitutional requirements, may be unable within the period specified in Article 102 of the International Sanitary Regulations for reservation or rejection, to arrange for the application of the Regulations to all territories for whose international relations it is responsible, and may therefore find it necessary to postpone the application of these regulations to such territories by a declaration made under Article 22 of the Constitution of the World Health Organization;
RESOLVES that a declaration made for the above purpose shall not be considered as a reservation to which the provisions of Article 101 of the International
Sanitary Regulations apply.
A3- .4/SR/65 Rev. I page 10
DRAFT INTERNATIONAL SANITARY REGULATIONS Draft resolution
concerning the establishment of committees to deal with the application of the International Sanitary Regulations
Preamble
(no change)
Resolution
The Fourth World Health Assembly n rSCVES
1. That the following procedure shall be applicable in the case of questions or disputes to which paragraph 1 of Article 107 of the International Sanitary Regulations applies:
(a) The Director- General shall deal with such questions or disputes and settle them as far as may be practicable;
(b) Where a settlement is not so reached, the Director -General shall refer the question or dispute to the appropriate committge or other organ of the Organization for examination and settlement.
2. That the Executive Board be requested to entrust to the appropriate committee or committees the following duties connected with the Interna+.ional Sanitary Regulations:
(a) A systematic and critical review of the Regulations and other relevant legislation, and the making of recommendations thereon.
(b) The preparation of additional regulations where necessary on diseases not covered in the Regulations;
iy
A3- 4 /SR /6"
page 11 Annex III
(c) The submission of recommendations as required on practices, methods, and procedures in connexion with the subjects included in the Regulations, 3. That the Director -General, in convening such committee or committees, be requested to take note of the need:
(a) For making available to them appropriate expert advice, inter alia, on such subjects as epidemiology, port sanitation, quarantine procedure, international law, aviation and shipping;
(b) For ensuring continuity of action;
(c) For providing to them the technical co- operation and advice of the appropriate WHO Expert Committees and Study Groups.
UNITED NATIONS NATIONS UNIES
WORLD H E A L T H ORGANISAT ON MONDIALE
ORGANIZATION
DE LA SANTÉSpecial Committee established A3- 4/SR/65
by the iLEWEL to consider the 1 May 1951
Draft International Sanitary
Regulations ORIGINAL; ENGLISH
DRAFT INTERNATIONAL SANITARY REGULATIONS
Report of the Juridical Sub -Committee
1. The Juridical Sub -Committee held six meetings between 24 and 30 April 1951.
1.1 Representatives of the following delegations were present; Belgium, Chile, Egypt, France, India, Indonesia, Netherlands, Switzerland, United Kingdom and
the United States of America.
1.2 M. R. Maspétiol (France) was elected Chairman.
1.3 Dr. K.C.K.E. Raja (India) was elected Rapporteur.
2. The Sub -Committee considered the following provisions of the Draft International Sanitary Regulations referred to it by the Special Committee;
Parts IX and X, Article 95, and the definition of "International voyage". The Sub -Committee also considered the resolution adopted by the Special Committee concerning the establishment of committees to deal with the application of the International Sanitary Regulations, with particular reference to the settlement of questions or disputes within the World Health Organization.
3. Parts IX and X
3.1 Annex I to this report sets forth the text of Articles 99 to 110 as approved by the Sub-Committee. The Sub -Committee further wishes to bring to the attention of the Special Committee the following points;
A3- 4/SR/65 page 2
3.1.1 A majority of the Sub -Committee was in agreement with the opinion of the Legal Sub -Committee of the Expert Committee on Epidemiology and Quarantine..
as set forth in the footnote on page 62 of the Draft International Sanitary
Regulations, namely, that no special clause concerning non -metropolitan territories should be included in the Regulations. However, the representatives of the
Netherlands and United Kingdom requested that their contrary opinion should be stated in the report. The Sub-Committee recognized that if such a clause were not included, it would be desirable to make provision in the case of a State whose constitutional requirements made it difficult for the regulations to be
applied to territories for whose international relations that State was responsible, and it is therefore suggested that the Special Committee submit to the World
Health Assembly the draft resolution as set forth in Annex II to this report.
3.1.2 The Sub- Cómmittee recognized that difficulties might arise, insofar as the application of the International Sanitary Regulations was concerned, if a Member State of the World Health Organization, after becoming bound by the regulations were at a subsequent date to withdraw, or purport to withdraw from the Organization. The Sub -Committee felt that since this,:question involved, amongst other considerations, the interpretation of the Constitution of the Organization, it could not formulate any specific provisions to be inserted in the Regulations, but that nevertheless the question should be brought to the attention of the Special Committee°
3.1.3 The representative of Egypt informed the Sub- Committee that insofar as paragraph 3 of Article 107 was concerned, his delegation was of the opinion that disputes which had not been settled under paragraph 1 of that Article should only be referred to the International Court of Justice if both the parties to the
dispute had recognized the jurisdiction of the Court as compulsory under Article 36 of the Statute of the Court. Egypt had not yet recognized such compulsory
jurisdiction and ho considered that the words "by any State" in paragraph 3 of Article 107 should be replaced by the words "by the parties". He therefore
requested the Sub -Committee that his opinion be recorded in the report.
A3- 4/SR/65 page 3
4. Article 95
4.. The Sub -Committee considered that the existing Article might give rise to difficulties in its application. It therefore recommends that it be deleted, and that the following words be added at. the end of Article 22: "Such measures
shall be applied without discrimination".
5. International voyage
5.1 The Sub -Committee recommends that the definition of "international voyage"
be reworded as follows: "international voyage" means:
the voyage of a ship or an aircraft between ports or airports in the
territories of more than one State, or a voyage of a ship or an aircraft between ports or airports in the territory of the same State if it has relations with the territory of any other State on its voyage, but only as regards these relations.
the voyage of a person who enters the territory of a State other than the territory of the State in which he commences his voyage.
6. Resolution concerning the establishment of committees
6.1 In the light of the provisions of Article 107 as redrafted by the Sub- Committee it was felt that sub -paragraph (iv) of the first part of the resolution should be deleted, and that a special paragraph be inserted dealing with the procedure to be followed in cases of disputes, the text of the reoolution as reworded by the Sub -Committee being set forth in Annex III to this report.
r
A3-4/SR/65 page 4
DRAFT INTERIJLTI3 JF.L SANITi.RY aEGUL ITIONS
Part IX Final Provisions
Article 99
ANNEX I
13. Articles 2, 9, 10, 11, 16 to 53 inclusive, 61 and 62 of the Pan American Sanitary Code, signed at Habana, 14 November 1924, the provisions of all
remaining articles to remain in force; (preceding sub -paragraphs to be renumbered).
Article 100
1. The period provided in execution of Article 22 of the Constitution of the Organization for rejection or reservation shall be twelve months from the
notification by the Director -General of the Organization of the adoption of these Regulations by the World Health Assembly.
2. (No change)
Article 101
1. If any State makes a reservation to these Regulations, such reservation shall not be valid unless it is accepted by the World Health Assembly and these Regulations shall not enter into force with respect to that State until such reservation has been accepted by the Assembly or, if the Assembly objects to it on the ground that it substantially detracts from the character and purpose of these Regulations, it has been withdrawn.
2. A rejection in part of these Regulations shall be considered as a reservation.
3(a) The World Health Assembly may, as a condition of its ailrceptance of a
reservation, request the State making such reservation to undertake that it will apply any obligation or obligations corresponding to the subject matter of such reservation which such State has previously accepted under the existing
Conventions and Agreements listed in Article 99,
A3- 4/SR/65 page 5 Annex 1
3(b) If a State makes a reservation which in the opinion of the World Health Assembly detracts to an insubstantial extent from an obligation or obligations previously accepted by that State under the existing Conventions or :agreements listed in Article 99, the Assembly may accept such reservation without
requiring as a condition of its acceptance an undertaking of the kind referred to in sub -paragraph (a) of paragraph 3 of this Article.
3(c) If the World Health Assembly objects to a reservation, and that
reservation is not then withdrawn, these Regulations shall not enter into force with respect to the State which has made such a reservation. Any existing Conventions and Agreements listad in Article 99 to which such State is already a party consequently remain in force as far as such State is concerned.
(Former paragraph 2 to be deleted).
Article 102 (No change)
Article 103
1. (No change. Date to be inserted by the World Health Assembly).
2. Any State which becomes a Member of the Organization after (here insert the date to be given in paragraph 1 of Article 103) and which is not already a party hereto, may notify its rejection of, or any reservation to, these
Regulations within a period of three months from the data that State becomes a Member of the Organization. Unless rejected, these Regulations shall come into force with respect to that State, subject to the provisions of Article 101, upon the expiry of that period.
Article 104
1. Arty State not a member of the Organization which is a party to any of the Conventions or Agreements listed in Article 99, or to which the Director -General has notified the adoption of these Regulations. by the World Health Assembly, may become a party heretq by notifying its acceptance to the Director-General and, subject to the provisions of Arti le 101, such acceptance shall become
A3- 4/SR/65 page 6 Annex 1
effective upon the date of coming into force of these Regulations, or after thct date, three months after the data of receipt of such notification by the Director -General.
2. For the purpose of the application of these Regulations, Articles, 23, 33, 62, 63 and 64 of the Constitution of the Organization shall apply to any
non -Member State which becomes a party to these Regulations.
3. (Deleted in its entirety) .
4. (In the fifth line, substitute "resume application of" for "continue to be bound by").
Article 105
The Director -General of the Organization shall notify all Members and Associate Members and also the parties to any of the Conventions and
Agreements listed in Article 99 of the adoption by the World Health Assembly of these Regulations. The Director -General shall also notify these States as well as any other State which has become a party to these Regulations of any
additional Regulations amending or supplementing these Regulations, of any
notification received by him under Articles 100, 102, 103, and 104 respectively, as well as of any decision taken by the World Health Assembly under Article 101.
Article 106 (Deleted by the Special Committee).
Article 107
1. Any question or dispute concerning the interpretation or application of these Regulations or of any Regulations supplementary to these Regulations may be referred by any State concerned to the Director- General who shall attempt to settle the question or dispute. If such question or dispute is not thus
settled, the Director -General on his own initiative, or at the request of any State concerned, shall refer the question or dispute to any committee or other
organ of the Organization ibr consideration.
A3.e/ t/65 page 7 Annex 1
2. Any State concerned shall be entitled to be represented before such committee or other organ.
3. Any such dispute which has not been thus settled may, by written application, be referred by any State concerned to the International Court of Justice for
decision.
Article 108
The original texts of these Regulations shall be deposited in the archivas of the Organization. Certified true copies shall be sent by the Director - General to all Members and Associate Members and also to the parties to any of the Conventions and Agreements listed in Article 99. Upon the entry into force of these Regulations, certified true copies shall be delivered by the Director -General to the Secretary -General of the United Nations for
registration in accordance with Article 102 of the Charter of the United Nations.
(The authentification clause to be placed after Part X)
Article 108 bis (new article)
The English and French texts of these Regulations shall be equally authentic.
Part X - Transitional Provisions
Article 109
1. Notwithstanding any provision to the contrary of any of the existing Conventions and Agreements, a certificate of vaccination conforming with the rules and the model laid down in the Appendices 2, 3 and 4 shall be accepted as equivalent to the corresponding certificates provided for in the existing
Conventions and Agreements.
2. Notwithstanding the. provisions of paragraph 1 of Article 103, the
provisions of this Article shall come into force on . (e.g. six months from the date of the adoption of these Regulations by the World Health Assembly).
A3- 4 /5n.j65
page 8 Annex 1.,
3. The application of this Article shall be limited to States which, within three months from the data of the notification by the Director -General of the adoption of these Regulations by the World Health Assembly, declare that they do not intend to make any reservation to this Article or to Appendices 2, 3 and 4, 4. A declaration made under paragraph 3 of this Article may exclude the application of this Article to any one of the Appendices 2, 3 and 4.
19.,
Article 110 (No change)
IN FAITH WHEREOF, we hava sat our hands at Geneva this ... day of
The President of the First World Health assembly
The Director- General of the World Health Organization
A3- 4/SR/65 pages 9
ANNEX II
DRAFT INTERNATIONAL SANITARY REGULATIONS Draft resolution
concerning the application of the Regulations to non - metropolitan territories
Preamble
The majority of the Juridical Sub -Committee has expressed the opinion that it is unnecessary to have a special clause concerning non -metropolitan territories in the International Sanitary Regulations as it is possible for any Member
State which does not desire to arrange for the application of the Regulations to a territory for whose international relations it is responsible, to make a
declaration of rejection insofar as such territory is concerned. Nevertheless certain States desiring to apply the Regulations to territories for whose
international relations those States are responsible may, for constitutional reasons, be unable to ensure the application of the Regulations to such terri- tories within the period provided in Article 102. The Sub -Committee therefore considered that there should be presented to the Fourth World Health Assembly
a resolution permitting those States to postpone the application of the Regula- tions insofar as such territories are concerned.
With the above considerations in mind the Special Committee recommends to the Fourth World Health Assembly the adoption of the following resolution:
Resolution
The Fourth World Health Assembly
RECOGNIZING that a Member State, because of its constitutional requirements, may be unable within the period specified in Article 102 of the International Sanitary Regulations for reservation or rejection, to arrange for the application
of the Regulations to all territories for whose international relations it is responsible, and may therefore find it necessary to postpone the application of these regulations to such territories by a declaration made under Article 22 of the Constitution of the World Health Organization;
RESOLVES that a declaration made for the above purpose shall not be considered as a reservation to which the provisions of Article 101 of the International
Sanitary Regulations apply.
A3- 4/SR/65 page 10
DRAFT INTERNATIONAL SANIT.RY REGULATIONS Draft resolution
concerning the establishment of committees to deal with the application of the International Sanitary Regulations
Preamble
(no change)
Resolution
The Fourth World Health Assembly RESOLVES
1. That the following procedure shall be applicable in the case of questions or disputes to which paragraph 1 of Article 107 of the International Sanitary
Regulations applies:
(a) The Director -General shall deal with such questions or disputes and settle them as far as may be practicable;
(b) Where a settlement is not so reached, the Director -General shall refer the question or dispute to the appropriate committee or committees established by the Assembly (Executive Board) for examination and settlement;
(c) In the event of a settlement not being reached under paragraph (b) above, the Director -General shall refer the question or dispute to the Assembly for further consideration and settlement, if practicable.
2. That the Executive Board be requested to entrust to the appropriate committee or committees the following duties connected with the International Sanitary
Regulationst
(a) A systematic and critical review of the Regulations and other relevant legislation, and the making of recommendations thereon;
(b) The preparation of additional regulations where necessary on diseases not covered in the Regulations;
A3- 4/SR/65 page 11 Annex III
(c) The submission of recommendations as required on practices, methods, and procedures in connexion with the subjects included in the Regulations.
3. That the Director -General, in convening such committee or committees, be requested to take note of the need:
(a) For making available to them appropriate expert advice, inter alia, on such subjects as epidemiology, port sanitation, quarantine procedure, international law, aviation and shipping;
(b) For ensuring continuity of action;
(c) For providing to them the technical co- operation and advice of the appropriate WHO Expert Committees and Study Groups.
