12.07.2015 Views

View/save PDF version of this document - La Strada International

View/save PDF version of this document - La Strada International

View/save PDF version of this document - La Strada International

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

302 Travaux préparatoires: United Nations Convention against Transnational Organized CrimeRolling text (A/AC.254/4/Rev.6)“Article 24“Relation with other conventions“1. This Convention does not affect the rights and undertakings derived frominternational multilateral conventions concerning [special matters]. 11“2. States Parties to the Convention may conclude bilateral or multilateralagreements with one another on the matters dealt with in <strong>this</strong> Convention, for purposes<strong>of</strong> supplementing or strengthening its provisions or facilitating the application<strong>of</strong> the principles embodied in it.“3. If two or more Parties have already concluded an agreement or treaty inrespect <strong>of</strong> a subject that is dealt with in <strong>this</strong> Convention or otherwise have establishedtheir relations in respect to that subject, they shall be entitled to apply thatagreement or treaty or to regulate those relations accordingly, in lieu <strong>of</strong> the presentConvention, [if it facilitates international cooperation]. 12“4. States Parties may conclude bilateral or multilateral agreements or arrangementsfor the application <strong>of</strong> one or more provisions <strong>of</strong> <strong>this</strong> Convention to other forms<strong>of</strong> criminal behaviour.“[5. 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.]” 13Ninth session: 5-16 June 2000Notes by the Secretariat7. The <strong>version</strong> <strong>of</strong> article 24 contained in <strong>document</strong> A/AC.254/4/Rev.6 remainedunchanged in the intermediate drafts <strong>of</strong> the convention (A/AC.254/4/Revs.7 and 8).11It was considered that <strong>this</strong> term was vague and should be replaced with an appropriate one.12At the sixth session <strong>of</strong> the Ad Hoc Committee, many delegations felt that <strong>this</strong> phrase implied a value judgement,but that the text was silent as to who should make that judgement. It was therefore proposed that a better formulation shouldbe found.13This paragraph appeared as option 3 <strong>of</strong> article 24 in the text <strong>of</strong> the draft convention contained in <strong>document</strong>A/AC.254/4/Rev.5. It was retained at the request <strong>of</strong> the United States <strong>of</strong> America for further consideration. Japan requestedthat option 1 <strong>of</strong> article 24 <strong>of</strong> the text contained in <strong>document</strong> A/AC.254/4/Rev.5 should also be retained. Option 1 providedas follows: “This Convention shall not prejudice the application <strong>of</strong> other United Nations conventions on criminalmatters.”

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!