Some Remarks on International Health Legislation and the WHO

Abstract

The establishment of the WHO was a milestone in the development of international health law, not only because it has been a worldwide international organization having global competence in public health matters, but by reason of being vested with wide legislative purview and having competence to adopt conventions, agreements and regulations with binding effects. After a short survey of the development and characteristics of international health law, the article analyses the WHO’s law-making purview and the results of that law-making activity. It demonstrates that under the auspices of the organization very few binding norms were adopted. Instead, the organisation excelled in the creation of soft law norms, and even in some areas of health law the organization has showed no interest. According to this author, the WHO’s passivity in law-making of binding norms is attributable not only to the organization but to its Member States as well.