
Abstract: The amendment procedures of multilateral treaties involve the transformation and adjustment of international legal rules. The consent of parties serves as the fundamental principle for treaty revision, while the amendment procedures of multilateral treaties require both the “collective consent” of all parties and the “individual consent” of specific parties, constituting a dual dimension of treaty amendment. The International Health Regulations, as a crucial legal framework for global health governance, grants any State Party or the WHO Director-General the right to propose amendments and adopts a model of “consensus” for approval followed by “tacit consent” for entry into force, allowing amendments to gain legal binding force within a short period. Analysis of the amendment practices of the International Health Regulations indicates that amendment procedures of multilateral treaties should not only consider international cooperation and governance efficiency but also seek balance between “collective consent” and “individual consent”. Based on this, it is advisable to optimize the institutional design of amendment procedures, which may include expanding the range of amendment-proposing entities, introducing preliminary review procedures, exploring differentiated entry-into-force mechanisms, and optimizing decision-making methods for amendment procedures. The improvement of amendment procedures for multilateral treaties contributes to enhancing the standardization and rationalization of the global governance system and promotes the development of the global order toward a more just and equitable direction.
Keywords: multilateral treaties; international health regulations; amendment procedures; consensus; consent; global governance
Author: HE Tiantian, associate research fellow, CASS Institute of International Law; associate professor, Law School of the University of CASS;
Source: 3 (2025) Tribune of Political Science and Law.