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International Conflict and Security Law pp 733–759Cite as

World Health Organization (WHO)

Abstract

The World Health Organization (WHO) works worldwide to promote health and keep the world safe. The Organization coordinates the efforts of multiple sectors of the government and international offices, NGOs and research groups in order to attain the highest possible level of health for all peoples. This chapter discusses evolution of the WHO, its structure and legal personality. Special attention is paid to the WHO regional offices and decentralization of the WHO functions. The author analyses adoption of the ‘COVID-19 Response’ Resolution and highlights the existing responsibility of national authorities to adopt and implement appropriate measures to combat the COVID-19 pandemic. The chapter highlights that due notice should be given to the specifics of the national health care systems and other factors. The research is relevant due to the rapid spread of the COVID-19 pandemic and it urges to assess the effectiveness of the IHR mechanism for preventing the spread of infectious diseases.

Keywords

  • COVID-19
  • World Health Organization
  • IHR
  • World Health Assembly
  • WHO Executive Board
  • United Nations Economic and Social Council
  • League of Nations Health Organization

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Notes

  1. 1.

    Mileikovskiy 1962, p. 531.

  2. 2.

    Mikhaylov 1984, p. 30.

  3. 3.

    Ibid.

  4. 4.

    WHO 1958.

  5. 5.

    Korovin 1951, p. 464.

  6. 6.

    Rozanov 1972, p. 40.

  7. 7.

    UN and WHO 1948.

  8. 8.

    The WHO was the first organization to be granted the UN specialized agency status.

  9. 9.

    WHO 1946.

  10. 10.

    WHO 1946, Articles 61–65.

  11. 11.

    International Covenant on Economic, Social and Cultural Rights 1966, Article 18.

  12. 12.

    Ibid.

  13. 13.

    The WHO Constitution is a constituent document. The WHO Constitution was adopted by the International Health Conference held in New York from 19 June to 22 July 1946, signed on 22 July 1946 by the representatives of 61 States, entered into force on 7 April 1948. See WHO 1946.

  14. 14.

    Shibaeva 1986, p. 32.

  15. 15.

    Brownlie 1977, p. 410.

  16. 16.

    WHO 1946, Articles 3–8 with Articles 69–72.

  17. 17.

    Ibid., Article 3.

  18. 18.

    Ibid., Articles 19–21.

  19. 19.

    Ibid., Article 67(a).

  20. 20.

    Ibid., Article 67(b).

  21. 21.

    Ibid., Article 7.

  22. 22.

    UN and WHO 1948, Article II.

  23. 23.

    Ibid., Article III.

  24. 24.

    Ibid., Article IV.

  25. 25.

    Ibid., Article V.

  26. 26.

    Ibid., Article VII with Article VIII.

  27. 27.

    Ibid., Article X.

  28. 28.

    Ibid., Article XI.

  29. 29.

    Ibid., Article XIV with Articles XV and XVI.

  30. 30.

    Ibid., Article V with Article VI.

  31. 31.

    Dmytriev and Butler 2013, p. 160

  32. 32.

    By decision of the XV Pan-American Conference, held in September-October 1958, this organization was integrated into the ‘Pan-American Health Organization’. See WHO 1946.

  33. 33.

    WHO 1946, Article 54.

  34. 34.

    Rozanov 1972, p. 46

  35. 35.

    WHO 2010.

  36. 36.

    WHO 1946, para J(n) of Article 2.

  37. 37.

    WHO 1950.

  38. 38.

    WHO 2000.

  39. 39.

    WHO 2020.

  40. 40.

    WHO 2021.

  41. 41.

    In 1963 the President of the French Republic, General Charles de Gaulle declared the initiative of a group of French students, they called the powers of the vision of 0.5% of the national budget to fight against the ‘common issue’—cancer. See IARC 2015.

  42. 42.

    WHO 1983, p. 196.

  43. 43.

    The IARC was later joined by Australia, Austria, Belgium, Brazil, Canada, Denmark, Finland, India, Iran, Ireland, Japan, Morocco, Norway, the Netherlands, Qatar, the Republic of Thailand, Korea, the Russian Federation, Spain, Switzerland. See International Agency for Research on Cancer. Membership: www.iarc.fr/en/about/membership.php. Accessed 7 January 2021.

  44. 44.

    Babin 2012, p. 275.

  45. 45.

    Development of the joint WHO-IAEA programme commenced in May 2005 when the WHA of the WHO adopted Resolution 58.22. In 2020, the IAEA developed a Program of Action on Cancer Therapy (PDTR) to help build capacity for radiotherapy in developing countries and to strengthen cooperation to address the huge inequalities that exist in cancer services.

  46. 46.

    Karkishchenko 2007, p. 30–40.

  47. 47.

    Rozanov 1972, p. 89.

  48. 48.

    WHO 2021.

  49. 49.

    WHO 1946, Article 21.

  50. 50.

    Ibid., Article 22.

  51. 51.

    Talalaev 1997, p. 10.

  52. 52.

    International Sanitary Convention, signed in Paris on 21 June 1926; the International Sanitary Convention for Aerial Navigation, signed in the Hague on 12 April 1933; Convention that amended the International Sanitary Convention dated 21 June 1926 p.; Washington Protocol dated 23 April 1946 on the prolongation of the International Sanitary Convention of 1944; Washington Protocol dated April 23, 1946 on the prolongation of the International Sanitary Convention on the dated 1944; International sanitary rules 1951 and additional rules 1955, 1956, 1960, 1963 i 1965 p.; International medical and sanitary rules 1969 p. and amendments made in 1973 and 1981.

  53. 53.

    The initial local rules were developed during the Middle Ages. One of the provisions was prohibition of free movement in times of disease and limited right to property. Thus, the restriction of various individual human rights and the control of infectious diseases were the first mechanisms of health care. The right to health has a public character, which received international legal recognition earlier than the individual right to health (after the Second World War).

  54. 54.

    The annual number of infected in the world in 2000–2008 is stable and reaches approximately 2.8 million cases per year. See Ali et al. 2012, p. 209.

  55. 55.

    The first new disease of the twenty-first century, first discovered in southern China and spread globally within a few months, affecting 33 countries. The total number of patients reached 8437, 916 of them died (mortality 11%). See Kutierev 2008.

  56. 56.

    According to the WHO, cases have been reported in 63 countries, see FAO 2012.

  57. 57.

    The Indonesian Ministry of Health in 2012 notified the WHO of a new case of human infection with avian influenza A (H5N1) virus. Avian influenza—situation in Indonesia—update, see WHO 2012.

  58. 58.

    As of 9 May 2013, 130 laboratory-confirmed cases of A (H7N9) virus infection were reported (including 32 fatalities). They were registered in eight provinces (Anhui, Fujian, Hunan, Henan, Jiangxi, Jiangsu, Zhejiang, Shandong) and two municipalities (Beijing and Shanghai) of China. In addition, one case was reported by the Taipei Centers for Disease Control. See the press release: http://www.euro.who.int/ru/what-we-do/health-topics/communicable-diseases/influenza/news/news/2013/05/human-infections-with-avian-influenza-ah7n9-virus-in-china-update-3. Accessed 7 January 2021.

  59. 59.

    WHO 2011, para 13.2.

  60. 60.

    Official reports of laboratory-confirmed cases of pandemic H1N1 flu have come from 213 countries and marine areas or local communities. See the press release: http://www.who.int/dg/speeches/2010/ihr_20100412/ru/index.html. Accessed 7 January 2021.

  61. 61.

    See the press release on Zika virus: https://www.who.int/news-room/fact-sheets/detail/zika-virus#:~:text=Zika%20virus%20is%20a%20mosquito,Americas%2C%20Asia%20and%20the%20Pacific. Accessed 7 January 2021.

  62. 62.

    Mercy Corps 2019.

  63. 63.

    See the press release on coronavirus (COVID-19) https://www.who.int/emergencies/diseases/novel-coronavirus-2019. Accessed 7 January 2021.

  64. 64.

    According to UN reports dated from 2007 to 2010, the development of HIV/AIDS is a source of global insecurity and a barrier to the realization of the right to health.

  65. 65.

    Kutiriev 2008.

  66. 66.

    See WHO 2005.

  67. 67.

    See WHO 2018.

  68. 68.

    Ibid.

  69. 69.

    See WHO 2007.

  70. 70.

    WHO 2013.

  71. 71.

    See Prikhodko 2003.

  72. 72.

    Matveev 2011, p. 29.

  73. 73.

    WHO 2005.

  74. 74.

    Ibid.

  75. 75.

    WHO 2021.

  76. 76.

    WHO 2021.

  77. 77.

    The document is compiled in FCTC/COP/INB-IT/4/7 in accordance with decisions FCTC/COP2 (12) and FCTC/COP3 (6).

  78. 78.

    Representatives of 12 states immediately signed the protocol, in particular: Gabon, China, Libya, Myanmar, Nicaragua, Panama, the Republic of Korea, the Syrian Arab Republic, Turkey, Uruguay, France and South Africa.

  79. 79.

    Protocol to Eliminate Illicit Trade in Tobacco Products entered into force on 25 September 2018.

  80. 80.

    Strishchenko 2011.

  81. 81.

    Melnichuk 2010.

  82. 82.

    Beliakov 2009.

  83. 83.

    Ibid.

  84. 84.

    WHO 1946, Article 23.

  85. 85.

    Rules of Procedure of the World Health Assembly, Article 69.

  86. 86.

    The WHO has numerous strategies: the Global Strategy for Infant and Young Child Feeding 2002, https://apps.who.int/iris/bitstream/handle/10665/42590/9241562218.pdf. Accessed 7 January 2021; the Global Strategy for the Healthcare Sector for HIV/AIDS 2003–2007, https://apps.who.int/iris/handle/10665/42736. Accessed 7 January 2021; Strategy ‘Stop tuberculosis’ 2006–2015, https://www.who.int/tb/features_archive/global_plan_to_stop_tb/en/. Accessed 7 January 2021; regional strategies and plans, e.g. ‘To tackle tuberculosis in 18 most priority regions of the European region’ 2007–2015, https://www.euro.who.int/en/publications/abstracts/plan-to-stop-tb-in-18-high-priority-countries-in-the-who-european-region,-20072015. Accessed 7 January 2021, Chronic Disease Prevention Strategy in Europe 2005, https://www.euro.who.int/__data/assets/pdf_file/0008/96632/E93736.pdf. Accessed 7 January 2021, European Basic Strategy for Reducing the Burden of TB/HIV 2003, https://www.euro.who.int/__data/assets/pdf_file/0005/98294/e81794.pdf. Accessed 7 January 2021.

  87. 87.

    For example, on 10 December 2012, the Health Cooperation Agreement between the WHO European office and the Eurasian Economic Community; Cooperation Agreement between the WHO/Europe and the Government of the Republic of Tajikistan for a two-year period 2010–2011; Cooperation Agreement between the WHO/Europe and the Ministry of Health of the Republic of Armenia for a two-year period 2010–2011; Cooperation Agreement between the WHO/Europe and the Ministry of Health of Ukraine for the biennium 2012–2013; Cooperation Agreement between the WHO/Europe and the Ministry of Health of Latvia for the biennium 2012–2013; cooperation agreement between the WHO/Europe and the Ministry of Health of the Czech Republic for the biennium 2012–2013, etc.

  88. 88.

    WHO A73/CONF./1 2020.

  89. 89.

    PP4 of the Resolution.

  90. 90.

    Ibid.

  91. 91.

    See the press release ‘Role of Kazakhstan in the struggle against pandemics’, https://365info.kz/2020/04/rol-kazahstana-v-borbe-s-pandemiej-kvi-i-mezhdunarodnoe-pravo. Accessed 7 January 2021.

  92. 92.

    See the press release ‘Role of Kazakhstan in the struggle against pandemics’, https://365info.kz/2020/04/rol-kazahstana-v-borbe-s-pandemiej-kvi-i-mezhdunarodnoe-pravo. Accessed 7 January 2021.

  93. 93.

    See Villarreal 2020.

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Authors and Affiliations

  1. International Law and Comparative Law Department, International Humanitarian University, Odessa, Ukraine

    Nataliia Hendel

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Editors and Affiliations

  1. School of Law, KIMEP University, Almaty, Kazakhstan

    Dr. Sergey Sayapin

  2. School of Law, KIMEP University, Almaty, Kazakhstan

    Rustam Atadjanov

  3. National Law School of India, Pune, India

    Prof. Umesh Kadam

  4. Law and Social Sciences, University of Derby, Derby, UK

    Prof. Gerhard Kemp

  5. School of Law, KIMEP University, Almaty, Kazakhstan

    Dr. Nicolás Zambrana-Tévar

  6. Bristol Law School, University of the West of England, Bristol, UK

    Prof. Noëlle Quénivet

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Hendel, N. (2022). World Health Organization (WHO). In: Sayapin, S., Atadjanov, R., Kadam, U., Kemp, G., Zambrana-Tévar, N., Quénivet, N. (eds) International Conflict and Security Law. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-94-6265-515-7_35

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