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II.5.40 (WARSAW CONVENTION) CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR, 1929*

The Ratification of Maritime Conventions

Chapter I.5.40

CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR, 1929

ADOPTED: Done at Warsaw, 12 October 1929
REFERENCE: WARSAW CONVENTION, 1929
ENTERED INTO FORCE: 13 February 1933
DEPOSITARY: Government of the Republic of Poland
SECRETARY: ICAO

IMPLEMENTATION

SIGNATURE, RATIFICATION AND ACCESSION

Article XXXVII

1. The present Convention shall be ratified. The instruments of ratification shall be deposited in the archives of the Polish Ministry of Foreign Affairs, who will notify all Contracting Parties of any deposits.

2. As soon as five of the Contracting Parties have ratified this Convention, it shall come into force between them on the ninetieth day after the date of the deposit of the fifth instrument of ratification. It shall come into force thereafter between those who have already ratified and each contracting party ratifying on the ninetieth day after the deposit of its instrument of ratification.

3. The Government of the Republic of Poland shall notify all Contracting Parties of the deposit of any instrument of ratification as well as the date of entry into force of the Convention.

Article XXXVIII

1. This Convention shall, after its entry into force, be open for accession by all States.

2. The accession of a State shall be effected by notification addressed to the Government of the Republic of Poland, who will inform all Contracting Parties of any such notification.

3. The accession shall take effect ninety days after the date of receipt by the Government of the Republic of Poland of the notification.

ENTRY INTO FORCE

Article XXXVII

(see paragraph (2) above)

DENUNCIATION

Article XXXIX

1. Any of the Contracting Parties may denounce the Convention by notification addressed to the Government of the Republic of Poland, who will notify immediately all Contracting Parties.

2. The denunciation shall take effect six months after the notification of denunciation and only with regards to the denouncing Party.

RESERVATIONS

Article XLI (Additional Protocol)

Article II

The High Contracting Parties may reserve the right to declare either at the time of ratification or accession, that article II, paragraph (1), of this Convention shall not apply to international transport carried out by States, her colonies, protectorates, territories under mandate or any other territory under her sovereignty, suzerainty or authority.

TERRITORIAL APPLICATION

Article XL

1. The Contracting Parties, may at the time of signature, ratification or accession, declare that their acceptance of this Convention does not apply to any or all of their colonies, protectorates, territories under mandate or any other territory under their sovereignty, authority or suzerainty.

2. Consequently, they may thereafter accede separately in the name of any or all of their colonies, protectorates, territories under mandate or any other territory under their authority or suzerainty excluded in their previous declaration.

3. They may also, in accordance with the provisions denounce the Convention separately for any or all of their colonies, protectorates, territories under mandate, or any other territory under their sovereignty, suzerainty or authority.

RESERVATIONS AND DECLARATIONS

Bahamas

By a note from the Minister of Foreign Affairs dated 15 May 1975, the Government of the Bahamas informed the Government of the Polish People’s Republic that it considered itself bound by the provisions of the Warsaw Convention of 1929 and by the provisions of The Hague Protocol of 1955 which, before that State became independent, had been extended to its territory by the United Kingdom on 3 December 1934.

Bangladesh

By a “declaration of continuity” of the Minister of Foreign Affairs on 13 February 1979, the Government of the People’s Republic of Bangladesh informed the Government of the Polish People’s Republic that it considered itself bound by the provisions of the Warsaw Convention of 1929 and by the provisions of The Hague Protocol of 1955 which, before the People’s Republic of Bangladesh became independent, had been extended to its territory by the Islamic Republic of Pakistan.

Barbados

In the document of 8 December 1969 transmitted to the Government of the Polish People’s Republic by a note dated 8 January 1979, the Government of Barbados stipulated that it considered itself bound by the provisions of the Warsaw Convention of 1929 (before Barbados became independent, acceptance of the Convention was effected by the United Kingdom on 3 December 1934).

Benin

By a note dated 9 January 1962 Dahomey (now Benin) declared that it considered itself bound by the Convention and the Protocol (before Dahomey became independent, acceptance was effected by France: of the Convention, on 15 November 1932; of the Protocol, on 19 May 1959).

Botswana

By a note dated 31 January 1977 from the Office of the President, the Government of Botswana informed the Government of the Polish People’s Republic that it considered itself bound by the provisions of the Warsaw Convention of 1929 which, before that State became independent, had been extended to its territory by the United Kingdom on 2 September 1952.

Brunei Darussalam

In its instrument of succession of 6 February 1984, received by the Government of the Polish People’s Republic on 28 February 1984, the Government of Brunei Darussalam declared that it considered itself bound by the provisions of the Warsaw Convention of 1929 which had been extended to its territory by the United Kingdom on 4 July 1936.

Cameroon

By a note dated 21 August 1961, Cameroon declared that it considered itself bound by the Convention and the Protocol (before Cameroon became independent, acceptance was effected by France: of the Convention, on 15 November 1932; of the Protocol, on 19 May 1959).

Canada

Canada has deposited the following reservation: “Article 2, paragraph 1, of the present Convention shall not apply to international air transport effected directly by Canada”.

Chile

The document of adherence of Chile contains the reservation provided for in the Additional Protocol to Article 2 of the Warsaw Convention of 1929.

China

The instrument of accession by the People’s Republic of China contains the following declaration: “The Government of People’s Republic of China is the sole legal government representing the Chinese people. The [Warsaw] Convention to which the Government of People’s Republic of China adheres shall of course apply to the entire Chinese territory including Taiwan.”

Congo, People’s Republic of

Congo has deposited the following reservation: “The Government of the Congo (Brazzaville) wishes to state that, in application of the Additional Protocol (Article 2) and of Article XXVI of the Hague Protocol, it will not apply these texts

– to international air transport effected directly by the State,

– to carriage of persons, cargo, and baggage for its military authorities on aircraft registered in the Congo, the whole capacity of which has been reserved by or on behalf of such authorities.”

Croatia

By a note dated 9 July 1993, the Government of Croatia declared that it considered itself bound, by virtue of succession, by this Convention, with effect from 8 October 1991.

Cuba

Cuba has deposited the following reservation: “Article 2, paragraph 1 of the Convention shall not apply to international air transport effected directly by Cuba.”

Cyprus

By a note dated 23 April 1963, Cyprus declared that it considered itself bound by the Convention (before Cyprus became independent, acceptance of the Convention was effected by the United Kingdom on 3 December 1934).

Egypt

By a note dated 2 March 1959, the Arab Republic of Egypt declared that it considered itself bound by the ratifications previously made by Egypt: of the Convention, on 6 September 1955; of the Protocol, on 26 April 1956.

Ethiopia

Ethiopia has deposited the following reservation: “Article 2, paragraph 1, of the Convention shall not apply to international air transport effected directly by Ethiopia”.

Fiji

In a declaration dated 25 February 1972 received by the Government of the Polish People’s Republic on 15 March 1972, Fiji announced that it considered itself bound by the provisions of the Warsaw Convention of 1929 and by the provisions of The Hague Protocol of 1955 which, before that State became independent, had been extended to its territory by the United Kingdom on 3 December 1934.

German Democratic Republic

Signature and ratification of the Convention have been effected by Germany. By a note dated 1 September 1955, the German Democratic Republic declared that it considered itself bound by the said Convention.

India

By a note dated 29 January 1970, India declared that it considered itself bound by the Convention (before India became independent, acceptance of the Convention was effected by the United Kingdom on 20 November 1934).

Indonesia

By a note dated 2 February 1952, Indonesia declared that it considered itself bound by the Convention (before Indonesia became independent, acceptance of the Convention was effected by the Netherlands on 1 July 1933).

Iraq

The instrument of adherence of the Republic of Iraq contains the following declaration: “The adherence of the Republic of Iraq to the Convention (to the Protocol) in no way signifies the recognition of Israel or the establishment with Israel of any relations whatsoever.”

Ivory Coast

By a note dated 7 February 1962, the Ivory Coast (now Côte d’Ivoire) declared that it considered itself bound by the Convention and the Protocol (before the Ivory Coast became independent, acceptance was effected by France: of the Convention, on 15 November 1932; of the Protocol, on 19 May 1959).

Jordan

By a note dated 17 November 1969, Jordan declared that it considered itself bound uninterruptedly by the Convention (before Jordan became independent, acceptance of the Convention was effected by the United Kingdom on 17 December 1937).

Kenya

Kenya deposited its instrument of adherence to the Convention on 7 October 1964 with validity as from 12 December 1963, on which date it became an independent State (before Kenya became independent, acceptance of the Convention was effected by the United Kingdom on 3 December 1934).

Lao, PDR

By a note dated 14 March 1956, the Lao People’s Democratic Republic declared that it considered itself bound by the Convention (before the Lao People’s Democratic Republic became independent, acceptance of the Convention was effected by France on 15 November 1932).

Lebanon

By a note dated 10 February 1962, Lebanon declared that it considered itself bound by the Convention, to which the trustee authorities adhered on its behalf on 26 October 1933.

Lesotho

Lesotho, in its declaration of 3 March 1975 by the Prime Minister and Minister for External Affairs, submitted by means of a note dated 29 April 1975 of the Lesotho High Commissioner’s Office in London, stated that it considers itself bound by the provisions of the Warsaw Convention of 1929 (prior to Lesotho’s accession to independence, adherence to the Convention was effected by the United Kingdom on 2 September 1952).

Madagascar

By a note dated 17 August 1962, Madagascar declared that it considered itself bound by the Convention and Protocol (before Madagascar became independent, acceptance was effected by France: of the Convention, on 15 November 1932; of the Protocol, on 19 May 1959).

Malaysia

Malaysia deposited at the time of its adherence to the Hague Protocol the following reservation: “…in accordance with Article XXVI of the Protocol, the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, as amended by this Protocol, shall not apply to the carriage of persons, cargo and baggage for the military authorities of Malaysia on aircraft, registered in Malaysia, the whole capacity of which has been reserved by or on behalf of such authorities”.

Malta

By a note from the Minister of Foreign Affairs dated 27 January 1986, received by the Government of the Polish People’s Republic on 19 February 1986, the Government of Malta declared that it considered itself bound, with effect from 21 September 1964, by the provisions of the Warsaw Convention of 1929 which had been extended to its territory by the United Kingdom on 3 December 1934.

Myanmar

In the instrument of adherence of 20 November 1951 received by the Government of the Polish People’s Republic on 2 January 1952, the Government of Burma (now Myanmar) stipulated that it considered itself bound uninterruptedly by the Convention (before Burma became independent, acceptance of the Convention was effected by the United Kingdom on 20 November 1934).

Nauru

The Republic of Nauru, in the statement of the Minister of Foreign Affairs of the Republic of Nauru included in the note dated 4 November 1970 from the Office of the High Commissioner of Australia in London, has declared that it considers itself bound by the provisions of the Warsaw Convention of 1929 and The Hague Protocol of 1955. Before the Republic of Nauru became independent, the acceptance of the Convention was effected by the United Kingdom on 1 August 1935; the acceptance of the Protocol was effected by Australia on 23 June 1959.

Netherlands

In the document of ratification of The Hague Protocol, it is stipulated that ratification concerns the Kingdom in Europe, Suriname, the Netherlands Antilles and Dutch New Guinea.

By a Note dated 27 December 1985 the Government of the Kingdom of the Netherlands informed the Government of the Polish People’s Republic that as of 1 January 1986 the Warsaw Convention of 1929 and The Hague Protocol of 1955 are applicable to the Netherlands Antilles (without Aruba) and to Aruba.

New Zealand

Before this State became independent, acceptance of the Convention was effected by the United Kingdom on 6 April 1937.

Niger

By a note dated 20 February 1962, Niger declared that it considered itself bound by the Convention and Protocol (before Niger became independent, acceptance was effected by France: of the Convention, on 15 November 1932; of the Protocol, on 19 May 1959).

Nigeria

By a note dated 9 October 1963, Nigeria declared that it considered itself bound by the Convention (before Nigeria became independent, acceptance of the Convention was effected by the United Kingdom on 3 December 1934).

Pakistan

By a note dated 26 December 1969, Pakistan declared that it became a party to the Convention with effect from 14 August 1947 by virtue of the statute relating to the independence of India (International Arrangements), 1947 (before Pakistan became independent, acceptance of the Convention was effected by the United Kingdom on 20 November 1934).

Papau New Guinea

By a notification dated 6 November 1975, the Government of Papua New Guinea informed the Government of the Polish People’s Republic that it considered itself to be bound by the Warsaw Convention of 1929 and The Hague Protocol of 1955; before it became independent, acceptance of the Convention and Protocol was effected on behalf of its territory by Australia. Papua New Guinea attained independence on 16 September 1975.

Philippines

The Philippines has deposited the following reservation: “Article 2, paragraph 1, of the Convention shall not apply to international air transport effected by the Republic of the Philippines.”

Rwanda

By a note dated 1 December 1964, Rwanda declared that it considered itself bound by the Convention (before Rwanda became independent, acceptance of the Convention was effected by Belgium on 13 July 1936).

Samoa

By a note dated 16 October 1963, Samoa declared that it considered itself bound by the Convention (before Samoa became independent, acceptance of the Convention was effected by the United Kingdom on 6 April 1937).

Sierra Leone

In its declaration of 6 March 1968 transmitted by a note dated 21 March 1968, Sierra Leone stated that it considers that it is bound by the Convention (before Sierra Leone became independent, acceptance of the Convention was effected by the United Kingdom on 3 December 1934).

Solomon Islands

By a note dated 21 August 1981, the Solomon Islands declared that it considered itself bound by the Warsaw Convention and the Hague Protocol (before the Solomon Islands attained independence, acceptance was effected by the United Kingdom 3 December 1934 for the Convention and on 3 March 1968 for the Protocol).

Sri Lanka

By a note dated 24 April 1951, Sri Lanka declared that it considered itself bound by the Convention (before Sri Lanka became independent, acceptance of the Convention was effected by the United Kingdom on 3 December 1934).

Syria, Arab Republic

By a note dated 13 April 1964, the Syrian Arab Republic declared that “Constitutional Decree No. 25 of 13 June 1962 decided to consider adherence to the multilateral international Conventions and Agreements effected during the period of its union with Egypt to be valid for the Syrian Arab Republic—and since the United Arab Republic had, in 1959, taken the appropriate measures for its adherence to the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929 and the Protocol modifying the said Convention, signed at The Hague on 28 September 1955, the Syrian Arab Republic, considering the aforementioned Constitutional Decree, considers itself a party to the Warsaw Convention and its Protocol mentioned above”.

Tonga

The Government of Tonga, in a letter from the Prime Minister and the Minister for External Affairs dated 31 January 1977, informed the Government of the Polish People’s Republic that it considers itself bound by the provisions of the Warsaw Convention of 1929. Before this State became independent, acceptance was effected by the United Kingdom on 4 July 1936.

Trinidad & Tobago

The Republic of Trinidad and Tobago, in its note dated 11 March 1983, received by the Polish People’s Republic on 10 May 1983, declared that it considered itself to be bound by the provisions of the Warsaw Convention of 1929, the acceptance of which was effected on its territory by the United Kingdom on 3 December 1934.

United States

The United States of America has deposited the following reservation: “Article 2, paragraph 1, of the present Convention shall not apply to international air transport which may be effected by the United States of America or any territory or possession under its jurisdiction.”

Venezuela

“Pursuant to the provisions of Article XXVI of the said Protocol, the Government of the Republic of Venezuela has declared that the Convention as amended by the Protocol shall not apply to the carriage of persons, goods and baggage performed for the military authorities of the Republic of Venezuela on board aircraft which are registered in Venezuela and whose entire capacity has been reserved by or on the behalf of these authorities.”

Yugoslavia, Fed. Rep. of

By a note dated 8 November 1993, the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) declared that it considered itself bound by this Convention, to which the former Socialist Federal Republic of Yugoslavia was a Contracting State.

Zaire

By a note dated 27 July 1962, the Republic of Zaire declared that it considered itself bound by the Convention (before the Republic of Zaire became independent, acceptance of the Convention was effected by Belgium on 13 July 1936).

Zambia

In its declaration dated 17 February 1970 transmitted to the Government of the Polish People’s Republic on 25 March 1970, the Government of Zambia stated that it considered itself bound by the provisions of the Warsaw Convention of 1929 (before Zambia became independent, acceptance of the Convention was effected by the United Kingdom on 3 December 1934).

Zimbabwe

The Government of Zimbabwe, in a note dated 10 September 1980 from the Minister for External Affairs, informed the Government of the Polish People’s Republic that it considers itself bound by the provisions of the Warsaw Convention of 1929, the acceptance of which was effected on its territory by the United Kingdom on 3 April 1935.

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