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Article 37.Relation with protocolsRolling text (A/AC.254/4/Rev.2)A. Negotiation textsSecond session: 8-12 March 1999“[Article 26 bis“Relation with Protocols 1“1. This Convention may be supplemented by one or more Protocols.“2. In order to become a Party to a Protocol, a State must also be a Party tothe Convention.“3. A State Party to the Convention is not bound by a Protocol unless it hasexpressly accepted the Protocol.“4. Any Protocol by which a State Party is bound shall, for that State Party,form an integral part <strong>of</strong> <strong>this</strong> Convention.]”Sixth session: 6-17 December 1999Notes by the Secretariat1. The <strong>version</strong> <strong>of</strong> article 26 bis contained in <strong>document</strong> A/AC.254/4/Rev.2 remainedunchanged in the intermediate drafts <strong>of</strong> the convention (A/AC.254/4/Revs.3-5).Rolling text (A/AC.254/4/Rev.6)“[Article 26 bis“Relation with Protocols 2“1. This Convention may be supplemented by one or more Protocols.1Paragraphs 1 to 3 <strong>of</strong> article 26 bis were based on a proposal by Australia (A/AC.254/L.13) and paragraph 4 was proposedby Poland (see A/AC.254/5/Add.3). Several delegations noted their support for the approach reflected in these proposals.However, several delegations recalled that in paragraph 18 <strong>of</strong> the report <strong>of</strong> the Ad Hoc Committee on its first session(A/AC.254/9) it had been noted that, as the additional international legal instruments might require a broad scope, the possibilitycould not be excluded that they might be independent from the convention.2At the sixth session <strong>of</strong> the Ad Hoc Committee there was considerable discussion regarding whether a provisiongoverning the relationship between the convention and the protocols should be included in the text <strong>of</strong> the convention oronly in the text <strong>of</strong> each <strong>of</strong> the protocols. The Ad Hoc Committee was <strong>of</strong> the view that decisions on <strong>this</strong> matter and on theformulation <strong>of</strong> the text would be made once the substantive provisions <strong>of</strong> the convention and the protocols had beenfinalized. The Ad Hoc Committee requested the Secretariat to provide it with clauses dealing with the same subject in otherinternational instruments.297

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