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300 Travaux préparatoires: United Nations Convention against Transnational Organized Crime“Option 2“The provisions <strong>of</strong> the present Convention shall prevail over those <strong>of</strong> other UnitedNations conventions dealing with the same matters.”Second session: 8-12 March 1999Notes by the Secretariat5. Delegations based their comments on the text <strong>of</strong> article 24 <strong>of</strong> the revised draftconvention contained in <strong>document</strong> A/AC.254/4/Rev.1, which was the same as that containedin <strong>document</strong> A/AC.254/4.Rolling text (A/AC.254/4/Rev.2)“Option 1“Article 24“Relation with other conventions 6“This Convention shall not prejudice the application <strong>of</strong> other United Nations conventionson criminal matters.“Option 2“The provisions <strong>of</strong> the present Convention shall prevail over those <strong>of</strong> other UnitedNations conventions dealing with the same matters. 7“Option 3“No provision <strong>of</strong> <strong>this</strong> Convention shall be construed as preventing the StatesParties from engaging in mutual cooperation within the framework <strong>of</strong> other internationalagreements, whether bilateral or multilateral, currently in force or concludedin the future, or pursuant to any other applicable arrangement or practice.“Option 4“1. The provisions <strong>of</strong> <strong>this</strong> Convention that relate to international cooperationwill in no way affect the application <strong>of</strong> broader provisions <strong>of</strong> bilateral or multilateral6The discussion on article 24 at the second session <strong>of</strong> the Ad Hoc Committee focused on options 1 and 2 <strong>of</strong> the articleas presented in the revised draft convention (A/AC.254/4/Rev.1). Some delegations suggested that the article should dealnot only with the relation between the present convention and other United Nations conventions, but also with its relationto bilateral and multilateral treaties and arrangements in general. It was also suggested that the article should specify therelation between protocols to the present convention and other international treaties and arrangements. A number <strong>of</strong> delegationsexpressed a preference for option 1 on the ground that States parties to existing bilateral and multilateral instruments<strong>of</strong>ten assumed obligations that went beyond those to be contained in the present convention and that States parties shouldcontinue to respect those obligations. Other delegations expressed a preference for option 2 on the ground that applying anumber <strong>of</strong> agreements and conventions could lead to conflict. It was also suggested by one delegation that the issue <strong>of</strong>which convention would prevail could depend on the individual issue at hand. Other delegations suggested that any optionunder <strong>this</strong> article would have to be enriched and a differentiation would have to be made between the measures addressed.The Ad Hoc Committee agreed that the exchange <strong>of</strong> views on the article at its second session was only preliminary, sinceno decision should be made on the content <strong>of</strong> the article until the earlier, substantive articles <strong>of</strong> the convention had beendiscussed. A number <strong>of</strong> additional proposals were made for the formulation <strong>of</strong> article 24 and the Ad Hoc Committee decidedthat those proposals should be included as new options 3 and 4.7One delegation noted that it could accept option 2 as the working text if the words “the same matters” were to bereplaced with the words “organized crime”.

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