United States Lines Inc. v World Health Organization

• Jurisdiction: Filipinas
• Date: 30 September 1983
• Court: Court of Appeals (Philippines)

Philippines, Intermediate, Appellate Court, Fourth Civil Cases Division

(Sison, Chairman; Bidin, Valoso and Jurado, Associate Justices)

United States Lines Inc.

and

World Health Organization

International organizations Immunity from suit World Health Organization Headquarters Agreement between the Philippines and the World Health Organization, 1951 Whether non-ratification by Senate as required under Constitution deprives Organization of immunity under the Headquarters Agreement Whether Philippines ratification of Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations, 1947, confers immunity independently from Headquarters Agreement Whether immunity waived by appearance to contest jurisdiction of court The law of the Philippines

Summary:The facts:United States Lines Inc. appealed against the decision of the Court of First Instance of Manila holding the World Health Organization (WHO) to be immune from suit because it was a specialized agency of the United Nations and under the terms of the Headquarters Agreement between the Philippines and the World Health Organization, 1951 (the Headquarters Agreement). United States Lines was seeking to recover a sum of money against the WHO. United States Lines claimed that the WHO's voluntary appearance before the Court of First Instance constituted a waiver of immunity. United States Lines also submitted that the Headquarters Agreement was not binding because it had not been ratified by the Philippines Senate as required under the Constitution of the Philippines in force at the time the Agreement was concluded.

Held:The appeal was dismissed.

The WHO had, when it appeared before the lower court, stated that it was appearing for the sole purpose of pleading immunity and that the appearance did not constitute a submission to the jurisdiction. The appearance was not, therefore, a waiver of immunity. Furthermore, the WHO was immune, not only under the Headquarters Agreement, but also under the Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations, 1947, which had been ratified by the Philippines and had been adopted by the Philippines Senate. Article III of the Convention provided for the WHO's immunity from process in the absence of an express waiver of immunity. Thus, the WHO was vested with immunity under the Convention, independently from the immunity conferred by the Headquarters Agreement. The lack of ratification of the Headquarters...