Thread by @alexandraphelan

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)

*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)

*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)
yalelawjournal.org/forum/presiden…

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".

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)

justsecurity.org/70384/the-us-c…

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: treaties.un.org/Pages/ViewDeta…)

(thx @Nougane1)

loc.gov/law/help/statu…