The Legal Powers of the World Health Organization

Abstract

Instigated in response to the United Nation's ‘global change’ policy, the World Health Organisation is currently under-going major internal reform. There are indications that serious consideration is being given to the role that the rule of law should play within the international health field and how this should impact upon the WHO. Such developments are crucial if the WHO is to continue to playa leading role as advocate for health within the existing international framework. This article begins by examining the available legal powers as provided in its constitution and considers the limited impact that these powers have had to-date within the Organisation. The recent investigation of a framework treaty system based on the ‘convention-protocol’ approach is an exciting but problematic development, although a more systematic and comprehensive approach to normative issues would certainly be appropriate. This would be an ideal opportunity to initiate a comprehensive legal approach around normative issues using the WHO's constitutive legal powers based on the right to health and under the auspices of a ‘Health Academy’.