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Drafting practice |
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- The Constitution of the ILO contains no provisions regarding the conditions of ratification of Conventions, their entry into force, revision or denunciation, or notification of ratifications to Members. These matters are determined by the provisions contained in the Final Articles of Conventions.[102] The ILO has generally used standard provisions reproduced without any major modifications in the Final Articles of each new Convention. These standard provisions have been adopted as such by the ILC.
- The first standard final provisions were proposed in 1919 by the Conference Drafting Committee to supplement the Hours of Work (Industry) Convention, 1919 (No. 1), and it was decided that these should also be included in subsequent Conventions.[103] Most standard final provisions in their present form date from the 11th Session (1928) of the ILC.[104] At that session, six proposed Final Articles were adopted based on the previous practice of the Standing Orders Committee. They concerned the following questions: (a) ratification; (b) entry into force; (c) notification of ratifications to Members; (d) denunciation; (e) report and consideration for revision by the Governing Body; and (f) authentic texts. A seventh article concerning the effects of a possible revision of Conventions was introduced in 1929[105] before taking its present form in 1933.[106] In its 29th Session in 1946;[107] the Conference made certain adjustments to the standard Final Articles on the ratification and denunciation procedures. These modifications had become necessary following the dissolution of the League of Nations (whose functions with regard to the deposit of treaties and international agreements were assumed by the United Nations) and the constitutional amendments that resulted from this. On that occasion, an eighth article concerning notification of ratifications to the Secretary-General of the United Nations was added. Finally, in 1951, the article concerning the examination of the issue of revision was changed to its current form.[108] Several standard provisions have been adopted using wording that leaves a certain number of parameters open, such as the number of ratifications necessary for Conventions to come into force and the length of the various intervals relating to entry into force and denunciation.
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[102] The term is used in C80 and C116 An Article can contain a number of provisions or clauses relating to various issues.
[103] ILO: Record of proceedings, ILC, First Session, Washington, 1919, p. 178.
[104] ILO: Record of proceedings, ILC, 11th Session, Geneva, 1928, Vol. I, pp. 300 and 591-612.
[105] ILO: Record of proceedings, ILC, 12th Session, Geneva, 1929, Vol. I, pp. 770-771.
[106] ILO: Record of proceedings, ILC, I7th Session, Geneva, 1933, pp. 312 and 500-501.
[107] ILO: Record of proceedings, ILC, 29th Session, Montreal, 1946, pp. 216 and 385-386.
[108] ILO: Record of proceedings, ILC, 34th Session, Geneva, 1951, pp. 243-244 and 517-518. |
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