In the latest instalment of President Trump’s escalating attacks on the World Health Organisation (WHO), Trump has now declared that the US will be ‘terminating’ its relationship with the organisation on account of China’s ‘total control’. The move is unsurprising given Trump has already frozen WHO funding and that withdrawal (or threatening withdrawal) is becoming one of his signature diplomatic moves. Since 2017, Trump has announced, hinted at, or commenced withdrawal from a growing list of bilateral and multilateral arrangements, including (but not limited to) the Paris Climate Agreement, UNESCO, the TPP, the Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement, the Universal Postal Union Treaty (which, so far, has been reversed), NAFTA, the WTO and NATO.
However, whether Trump can actually withdraw from the WHO is far more complicated than issuing a declaration in the Rose Garden or drafting a tweet. In reality, it is a matter which remains highly contested and complicated both in international law and under domestic law, particularly US law. This post briefly outlines some of the key issues arising from Trump’s attempt to withdraw from the WHO and proposes the need for greater clarity on both domestic withdrawal processes and the implied right in international law to withdraw from a treaty.