Legal status of the IHR (2005) and how do they enter into force for States?
Under the WHO Constitution, all WHO Member States are automatically bound by the new IHR (2005) unless they affirmatively opt out within a limited time period, namely by 15 December 2006. No WHO Member State has completely opted out, and only a very small number made reservations. According to the procedures established in the IHR (2005), reservations are evaluated by other WHO Member States within a defined time period.
If a particular percentage of States do not object, the Regulations will enter into force for the States that have filed them subject to the reservation(s).
If at least one third of the other States object to the reservation(s), the State filing the reservation(s) may withdraw the reservation(s) within a set period or request the Director-General of WHO to seek the views of a Review Committee. The Review Committee advises the Director-General on the practical impact of the reservation(s) on the operation of the Regulations.
The Director-General then submits the reservation and any views from the Review Committee to the World Health Assembly for its consideration. If the Assembly, by majority vote, objects to the reservation(s) the Regulations will only enter into force for the reserving States if it withdraws the reservation(s).
