Handbook of procedures relating to international labour Conventions and Recommendations

IX. Revision of Conventions and Recommendations (Endnote_1)

Nature of revision of Conventions

68. The formal revision (including the "partial" revision) of one, or sometimes several Conventions, results in most cases in the adoption of an entirely new Convention. The Conference may also undertake the partial revision of a Convention through the adoption of a Protocol or of provisions in a new Convention, the acceptance of which brings to an end the obligations under the corresponding provisions of an earlier Convention. (Endnote_2) Certain Conventions also provide for specific procedures for the amendment of annexes. (Endnote_3) Finally, without formally constituting a revision, the updating of certain technical or scientific data is envisaged in certain Conventions through a technique of reference to the most recent data published on the subject. (Endnote_4)

69. A Convention is not regarded as revising an earlier instrument unless the intention to revise is explicitly or implicitly stated in the title, preamble or operative provisions of the later Convention.

(a) Conventions Nos. 1-26. These contain no provisions as to the consequences of the adoption or ratification of a revising Convention. The adoption of a revising Convention by the Conference in itself therefore neither closes the earlier one to further ratifications nor involves automatic denunciation of it. (Endnote_5)

(b) Conventions Nos. 27 and after. These contain a final Article specifying that, unless the new revising Convention provides otherwise, the following are the consequences of the ratification and coming into force of a later revising Convention:

(1) ratification by a Member of the revising Convention will involve the automatic denunciation by it of the earlier Convention from the date on which the revising Convention comes into force;

(2) from the date when the new revising Convention comes into force, the earlier Convention will be closed to further ratification;

(3) the earlier Convention, once it has come into force, will remain in force as it stands for Members which have ratified it but not the later revising Convention.

(c) Alternative provisions. The final Articles of each Convention have to be referred to in order to determine whether the above provisions apply.

70. The revision or replacement (the two terms have been used synonymously) of a Recommendation, or sometimes several Recommendations, has given rise in almost all cases to the adoption of a new Recommendation. Moreover, certain Recommendations envisage specific procedures for the amendment of annexes. As Recommendations do not have the binding force of Conventions, their revision or replacement has lesser consequences. Nevertheless, a Recommendation which revises or replaces one or more earlier Recommendations replaces the earlier instrument(s). In such cases, reference should only be made to the new Recommendation.

Endnotes