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 DE LA SANTÉ
FIRST ï/ORLD HEALTH ASSEMBLY A/L/l5/Rev.l 15 July 1948 ORIGINAL: ENGLISH 12,5.8 Other Business : Draft wHO
Regulations No. 1 on nomenclature of diseases and causes of death
(Document A/3/Rev.l) LEGAL COMMITTEE
Report of the Fourth Working Party
The working party appointed by the Legal Committee to examine the legal aspects of the draft regulations regarding nomenclature of diseases and causes of death met twice, on 13 and 14 July 1Ç48.
The working party consisted of the following representatives from the Legal Committee:
Mr. S.V. SANDIFER (United States) Chairman Sir Dhiren MITRA (India)
Mr. T. LINDSAY (United Kingdom)
Mr. J. TOMLINSON (United States of America)
and the following representatives of the Committee on Programme : Dr. G. NORTH (United Kingdom)
Dr. P. STOCKS (United Kingdom).
The representative of Portugal, Dr. A.A. de Carvaiho DIAZ attended the second meeting.
The working party noted that the changes proposed by the delegation of the United Kingdom^" had been approved by the Working Group'
appointed by the Committee on Programme and had been incorporated in document A/3/Rev.l.
The Working Party examined the formal and procedural clauses of the draft regulations as amended. о
1 Document a/l/10
2 Preamble, Articles 1-3, 17-24 and the final Clause.
Vb/l5oRev0l page 2
With regard to Article 3 ¡ the working party proposes a minor drafting change incorporating the footnote in the earliest draft within Article 3. This Article would thus read as follows, the words underlined indicating the modifications proposed:
Article 3
Each Member shall publish statistics of causes of death in respect of:
(a; its territory as a whole;
(b) principal towns;
(c) national aggregates of urban areas (districts);
(d) national aggregate of rural areas (districts).
Each Member shall append to the statistics referred to under (c) and (d) the definition of "urban" and "rural" areas applied therein<>
For the purposes of this Article and of Articles 6 and 16,
"territory" designates the metropolitanThome) territory of the Member., and not dependent territories, whether protectorates, coloniesj other outlying possessions or territories under trusteeshipo
Articles 21 and 23
After an examination of Article 21,^the working party con- cluded that this article might be interpreted as limiting the right of a Member to make a reservation to the regulations and that it might not therefore be entirely consistent with Article 22 of the
Constitution,» The Working Group recommends that this article be deleted. In view, however- of the suggestion concerning procedure contained therein, the Working Group recommends that the Director^
General, when transmitting the regulations to Members, shall indicate in his letter of transmission that Members may make reservations limiting the application.of. аду part or parts of these regulations to any part or parts of their territories. The Director-General might also suggest in this letter of transmission the desirability
of prior consultation with him. concerning the content and form of any reservations which might be made.
With regard to Article 23 ^ the working party proposes the deletion of the second sentence of this Articles' "Before notifying, any reservation, a Member, shall consult with the Director-General
Since Article 21 is to be deleted, the numeration of the sub- sequent Articles will be altered, the former Article 22 becoming Article 21 and so on0 Therefore, in Article 23
(formerly Article 2L.), lines 3 and k delete "Articles 20, 21, 22 and 23" and substitute "Articles 20, 21 and 221%
Vl/15-Rev.l page 3
with respect to the content and form of and reasons for the proposed reservation".
This proposal is based on the recommended deletion of Article 21»
The attention.of the working group was directed to the interpretation to be given to Article 22 of the Constitution of the World Health Organization, which reads as follows:
"Regulations adopted pursuant to Article 21 shall come into force for all Members after due notice has been given of their adoption by the Health Assembly except for such
Members as may notify the Director-General of reservations within the period stated in the notice."
The working party noted that a narrow interpretation of the Article might restait in a reservation being construed as tending towards a rejection, and concluded that this was not the inters pretation intended. It was unanimously agreed that the regula- tions would come into force for all Members including those making reservations and that only those parts on which reserva-
tions had been made would not apply,
The working party suggests therefore that the Legal Committee recommend to the Assembly the adoption, under Article 21b of the Constitution, of the regulations on nomenclature as set forth in document A/3/Rev„l, with the proposed modifications.
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
FIRST WORLD HEALTH ASSEMBLY
ORGANISATION MONDIALE DE LA SANTÉ
A/L/15
13 July 1948 ORIGINAL: ENGLISH
12.5,8, Other Business: Draft WHO Regulations No. 1 on Nomenclature.
(Document A/З/ Rev. 1)
LEGAL COMMITTEE
Report of the Fourth Working Party to the Legal Committee
The Working Party appointed by the Legal Committee to examine the legal aspects of the Draft Regulations regarding Nomenclature with respect to diseases and causes of death met on 13 July 1948.
The Working Party consisted of the following representatives from the Legal Committee:
and the following representatives of the Committee on Programme:
The following acted as Secretaries:
Mr. A. Zarb and bîr. F. Gutteridge.1
Dr. Y. Biraud and Dr. M. Cakrtova, Secretaries of the Programme Working Party, also attended the meeting.
The Working Party noted that the changes proposed by the United Kingdom delegation'1' had been approved by the Working Group appointed by the Programme Committee and had been incorporated in Docume nt А/3/Rev,1.
The Working Party, after examining the formal and procedural clauses of the Draft Regulations, as amended, and after introducihg 2
"^Document A/L/10
2 Preamble, Articles 1 - 3 , 1 7 - 2 5 and the final Clause.
Mr. D. V. SANDIFER (United States) Chairman Sir Dhiren MITRA (India)
Mr. T. LINDSAY (United Kingdom)
Mr. J....TOMLINSON (United States of America)
Dr, G, North (United Kingdom) Dr. P. Stocks (United Kingdom)
h/1/15
•page 2
minor drafting changes to articles 3 and 21, concluded that the procedures envisaged in.-the. articles under reference are consistent with the
relevant articles of the Constitution and that they are • appropriate,•••
for giving effect to the Regulations.
The Working Party suggests therefore that the Legal Committee recommend to the Assembly the adoption, under Article 21b of the Constitution, of the Regulations on Nomenclature as set forth in Document л/3/Rev.l with the following modifications, the words under- lined indicating the modifications proposedî
Article 3
Each Member shall publish statistics of causes of death in respect of; '.-... r:\
(a) its territory as a whole (b) principal towns
(c) national aggregates of urban areas (districts) (d) national aggregate of rural areas (districts)
Each Member shall append to the statistics referred to under (c) and (d) the definition of. "urban" and "rural" areas applied therein*
For the purposes of this Article and of Articles 6, 16 and| 21,
"territory" designates the Metropolitan '(home) territory of the Member, and not dependent territories, whether protectorates, colonies, other outlying possessions or territories under trusteeship 1'
Article 21
Line 7î for "reservations" read "reservation".
1 The footnote to Article 3 having thus been incorporated in this Article should be deleted.
