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Legally, can President Trump withdraw the US from membership of the WHO?
– The WHO Constitution is a treaty.
– Membership of WHO requires signing the WHO Constitution & completing state domestic ratification processes (art 4).
– US has ratified the treaty.
(1/3)
– The WHO Constitution is a treaty.
– Membership of WHO requires signing the WHO Constitution & completing state domestic ratification processes (art 4).
– US has ratified the treaty.
(1/3)
*From WHO side*
WHO Constitution does not set out an express withdrawal process. This is not unusual and it is generally accepted that States are free to withdraw from international treaties & institutions (principle of state sovereignty, enshrined in Vienna Convention)
(2/3)
WHO Constitution does not set out an express withdrawal process. This is not unusual and it is generally accepted that States are free to withdraw from international treaties & institutions (principle of state sovereignty, enshrined in Vienna Convention)
(2/3)
*US side*
Legally it's murky if the President can withdraw. While Exec has power to sign treaties, ratification follows advice & consent of Senate.
– Some argue Exec thus retains power to exit treaties
– Others argue it requires Congress consent:
(3/3) https://www.yalelawjournal.org/forum/presidential-power-to-terminate-international-agreements
Legally it's murky if the President can withdraw. While Exec has power to sign treaties, ratification follows advice & consent of Senate.
– Some argue Exec thus retains power to exit treaties
– Others argue it requires Congress consent:
(3/3) https://www.yalelawjournal.org/forum/presidential-power-to-terminate-international-agreements
PS The question of legality is only one angle (inc what it means for other int laws for #covid19: eg can be a party to the IHR but not a WHO Member).
Politics likely matters more (& extent would impact any legal review). Also, it's not clear what was intended by "terminating".
Politics likely matters more (& extent would impact any legal review). Also, it's not clear what was intended by "terminating".
An important addendum:
Precisely because the WHO Constitution is silent on withdrawing, the US Congress included a provision that the US must pay any outstanding dues before withdrawing.
(thanks @crisveijk for reminding me about the reservation) https://www.justsecurity.org/70384/the-us-cannot-withdraw-from-the-who-without-first-paying-its-dues/
Precisely because the WHO Constitution is silent on withdrawing, the US Congress included a provision that the US must pay any outstanding dues before withdrawing.
(thanks @crisveijk for reminding me about the reservation) https://www.justsecurity.org/70384/the-us-cannot-withdraw-from-the-who-without-first-paying-its-dues/
For the law wonks: here's the text of the Joint Resolution of US Congress (1948) [62 Stat 441] with the US's Understanding regarding withdrawal on ratification of WHO Constitution.
(WHA resolution accepting it: https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IX-1&chapter=9&clang=_en)
(thx @Nougane1)
http://loc.gov/law/help/statutes-at-large/80th-congress/session-2/c80s2ch469.pdf?fbclid=IwAR0DkbFG-oGUCBQ6Hnjg8UvJ3HCxOicsso0xnLQhZdgOSWXxxbXV5WywozU
![For the law wonks: here's the text of the Joint Resolution of US Congress (1948) [62 Stat 441] with the US's Understanding regarding withdrawal on ratification of WHO Constitution.(WHA resolution accepting it: https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IX-1&chapter=9&clang=_en)(thx @Nougane1) http://loc.gov/law/help/statutes-at-large/80th-congress/session-2/c80s2ch469.pdf?fbclid=IwAR0DkbFG-oGUCBQ6Hnjg8UvJ3HCxOicsso0xnLQhZdgOSWXxxbXV5WywozU](https://pbs.twimg.com/media/EZNpmOMXkAE4CNn.png "For the law wonks: here's the text of the Joint Resolution of US Congress (1948) [62 Stat 441] with the US's Understanding regarding withdrawal on ratification of WHO Constitution.(WHA resolution accepting it: https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IX-1&chapter=9&clang=_en)(thx @Nougane1) http://loc.gov/law/help/statutes-at-large/80th-congress/session-2/c80s2ch469.pdf?fbclid=IwAR0DkbFG-oGUCBQ6Hnjg8UvJ3HCxOicsso0xnLQhZdgOSWXxxbXV5WywozU")
(WHA resolution accepting it: https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IX-1&chapter=9&clang=_en)
(thx @Nougane1)
http://loc.gov/law/help/statutes-at-large/80th-congress/session-2/c80s2ch469.pdf?fbclid=IwAR0DkbFG-oGUCBQ6Hnjg8UvJ3HCxOicsso0xnLQhZdgOSWXxxbXV5WywozU
