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Treatment of the Provisions of the Constitution and Convention related to the ITRs
1. Introduction and background
It has been pointed out that some provisions of the current ITRs are similar to, or related to, provisions of the Constitution or Convention. Some Member States take the view that this situation is perfectly acceptable, other Member States take the view that it would be preferable to avoid overlap.
In particular, it has been proposed that such provisions be deleted from the ITRs so that they would be found only in the Constitution or Convention.
But a consensus was reached at the 2010 Plenipotentiary Conference to the effect that the Constitution and Convention should be “stabilized”, meaning that they would not contain provisions subject to change over time. One of the main reasons for this is that it is becoming increasingly difficult for Member States to start a new and heavy ratification process every four years.
In that light, it might be appropriate to consider whether provisions that are currently found in the Constitution and Convention should be deleted from those instruments and moved to the ITRs.