International Health Regulations Act, 1974 (Act No. 28 of 1974)International Health RegulationsPart IX : Final Provisions |
Article 93
| 1) | These Regulations, subject to the provisions of Article 101 and the exceptions hereinafter provided, replace, as between the States bound by these Regulations and as between these States and the Organization, the provisions of the following existing International Sanitary Conventions, Regulations and similar agreements: |
| a) | International Sanitary Convention, signed in Paris, 3 December 1903; |
| b) | Pan American Sanitary Convention, signed in Washington, 14 October 1905; |
| c) | International Sanitary Convention, signed in Paris, 17 January 1912; |
| d) | International Sanitary Convention, signed in Paris, 21 June 1926; |
| e) | International Sanitary Convention for Aerial Navigation, signed at The Hague, 12 April 1933; |
| f) | International Agreement for dispensing with Bills of Health, signed in Paris, 22 December 1934; |
| g) | International Agreement for dispensing with Consular Visas on Bills of Health, signed in Paris, 22 December 1934; |
| h) | Convention modifying the International Sanitary Convention of 21 June 1926, signed in Paris, 31 October 1938; |
| i) | International Sanitary Convention 1944, modifying the International Sanitary Convention of 21 June 1926, opened for signature in Washington, 15 December 1944; |
| j) | International Sanitary Convention for Aerial Navigation, 1944, modifying the International Sanitary Convention of 12 April 1933, opened for signature in Washington, 15 December 1944; |
| k) | Protocol of 23 April 1946 to prolong the International Sanitary Convention, 1944, signed in Washington; |
| l) | Protocol of 23 April 1946 to prolong the International Sanitary Convention for Aerial Navigation, 1944, signed in Washington; |
| m) | International Sanitary Regulations, 1951, and the Additional Regulations of 1955, 1956, 1960, 1963 and 1965. |
| 2) | The Pan American Sanitary Code, signed at Habana, 14 November 1924, remains in force with the exception of Articles, 2, 9, 10, 11, 16 to 53 inclusive, 61, and 62, to which the relevant part of paragraph 1 of this Article shall apply. |
Article 94
| 1) | The period provided in execution of Article 22, of the Constitution of the Organization for rejection or reservation shall be nine months from the date of the notification by the Director-General of the adoption of these Regulations by the World Health Assembly. |
| 2) | 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 the State may be responsible. |
| 3) | Any rejection or reservation received by the Director-General after the expiry of the periods referred to in paragraph 1 or 2 of this Article shall have no effect. |
Article 95
| 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, until it has been withdrawn. |
| 2) | A rejection in part of these Regulations shall be considered as a reservation. |
| 3) | The World Health Assembly may, as a condition of its acceptance of a reservation, request the State making such reservation to undertake that it will continue to fulfill any obligation or obligations corresponding to the subject-matter of such reservation, which such State has previously accepted under the existing conventions, regulations and similar agreements listed in Article 99. |
| 4) | 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, regulations and similar 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 paragraph 3 of this Article. |
| 5) | 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, regulations and similar agreements listed in Article 99 to which such State is already a party consequently remain in force as far as such State is concerned. |
Article 96
A rejection, or the whole or part of any reservation, may at any time be withdrawn by notifying the Director-General.
Article 97
| 1) | These Regulations shall come into force on the first day of January, 1971. |
| 2) | Any State which becomes a Member of the Organization after that date and which is not already a part hereto may notify its rejection of, or any reservation to, these Regulations within a period of three months from the date on which 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 expiry of that period. |
Article 98
| 1) | Any State not a Member of the Organization, which is a party to any conventions, regulations and similar 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 Article 101, such acceptance shall become effective upon the date of coming into force of these Regulations, or, if such acceptance is notified after that date, three months after the date of receipt by the Director-General of the notification of acceptance. |
| 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) | Any non-Member State which has become a party to these Regulations may at any time withdraw from participation in these Regulations, by means of a notification addressed to the Director-General which shall take effect six months after he has received it. The State which has withdrawn shall, as from that date, resume application of the provisions of any conventions, regulations and similar agreements listed in Article 99 to which it was previously a party. |
Article 99
The Director-General shall notify all Members and Associate Members, and also other parties to any conventions, regulations and similar 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 100
| 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 the appropriate committee or other organ of the Organization for consideration. |
| 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 101
The English and French texts of these Regulations shall be equally authentic.
The original texts of these Regulations shall be deposited in the archives of the Organization. Certified true copies shall be sent by the Director-General to all Members and Associate Members, and also to other parties to one of the conventions, regulations and similar 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.
IN FAITH WHEREOF we have set out hands at Boston, this twenty-fifth day of July 1969.
W.H. STEWART,
President of the Twenty-second World Health Assembly
M.G. CANDAU,
Director-General of the World Health Organization