The second sentence speaks of “their legislation” without stating that this refers to laws in existence at the time when the Convention becomes binding upon the states concerned. If, as seems to be the case, “legislation” refers not only to past but also to future laws, the second sentence is an “invitation” to enact such legislation wherever it does not yet exist. From the viewpoint of a state, it is undoubtedly more prudent not to be bound by a general rule of exemption. 6. In states where legislation, such as is referred to in the second sentence exists, the state is to grant exemption “in appropriate cases”. What these cases are depends in part on what the law provides; in other words, by domestic legislation the state can fix the instances in which exemption is granted, but the limits cannot be such as to refuse exemption when it would not threaten the proper application of the measures and their contemplated effects. 7. The second sentence uses the word “shall [grant exemptions]. There was some difference of opinion in the Refugee Conference as to what this word means (here and in other 97 articles): should it be interpreted as a mandatory or permissive provision? The French equivalent for “shall grant” is “accorderont”, which is undoubtedly of a mandatory, not permissible 98 nature. 8. Article 8 deals with “exceptional measures which may be taken...” the question may arise whether Article 8 relates to measures to be taken in the future or also to measures which, although initiated earlier, continue to be applied after the Convention becomes effective in the particular state, for instance, legislation involving measures against the property of former or present nationals of former enemy countries. It would appear that the rights contained in Article 8 as in all other provisions of the Convention, takes effect upon the coming into force of the Convention and must apply to every law or regulation regardless of when it was initiated. This 99 view was also held by some representatives in the Refugee Conference. Article 9 Provisional measures Nothing in this Convention shall prevent a Contracting State, in time of war or other grave and exceptional circumstances, from taking provisionally measures which it considers to be essential to the national security in the case of a particular person, pending a determination by the Contracting State that that person is in fact a stateless person and that the continuance of such measures is necessary in his case in the interests of national security. 1. This article repeats literally the wording of Article 9 of the Refugee Convention. As in the case of Article 8, considerable doubt was expressed in the Conference regarding the inclusion of this Article in the proposed document. The opposition came mainly from the British and French representatives, while the Belgian representative favoured its inclusion, provided the article said explicitly that the provisional measures might be taken “even if he (the person involved) is stateless”. The Belgian amendment was at first defeated by a vote of 6 against 6, with 6 abstentions and at the second vote by 7 in favour, 7 against, and 7 abstention. The inclusion of 100 the article was adopted by a vote of 14 to 2, with 5 abstentions. 2. The respective provision was included in the Refugee Convention (as a paragraph to the then Article 5) by the Ad Hoc Committee in its second session to “clarify the application of this 97 See SR.34, p. 19. 98 The French representative in the Refugee Convention interpreted the word as "imposing an obligation to grant exemptions" (SR.34, p. 20). 99 See the views of the British representative (SR.27, p. 29) and of the Swedish representative (SR.28, p. 5). 100 SR.5, pp. 16-18 and SR.6, p. 2.