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II.5.50 WARSAW CONVENTION, 1929, MONTREAL ADDITIONAL PROTOCOL NO. 1, 1975

The Ratification of Maritime Conventions

Chapter I.5.50

ADDITIONAL PROTOCOL No. 1 OF 1975 TO AMEND THE CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR, 1929

ADOPTED: Done at Montreal, 25 September 1975
REFERENCE: MONTREAL ADDITIONAL PROTOCOL No. 1, 1975
ENTERED INTO FORCE: 15 February 1996
DEPOSITARY: Government of the Republic of Poland
SECRETARY: ICAO

IMPLEMENTATION

SIGNATURE, RATIFICATION AND ACCESSION

Article V

Until the date on which this Protocol comes into force in accordance with the provisions of Article VII, it shall remain open for signature by any State.

Article VI

1. This Protocol shall be subject to ratification by the signatory States.

2. Ratification of this Protocol by any State which is not a Party to the Warsaw Convention shall have the effect of accession to the Convention as amended by this Protocol.

3. The instruments of ratification shall be deposited with the Government of the Polish People’s Republic.

Article VIII

1. This Protocol, after it has come into force, shall be open for accession by any non-signatory State.

2. Accession to this Protocol by any State which is not a Party to the Convention shall have the effect of accession to the Convention as amended by this Protocol.

3. Accession shall be effected by the deposit of an instrument of accession with the Government of the Polish People’s Republic and shall take effect on the ninetieth day after the deposit.

ENTRY INTO FORCE

Article VII

1. As soon as thirty signatory States have deposited their instruments of ratification of this Protocol, it shall come into force between them on the ninetieth day after the deposit of the thirtieth instrument of ratification.

It shall come into force for each State ratifying thereafter on the ninetieth day after the deposit of its instrument of ratification.

2. As soon as this Protocol comes into force it shall be registered with the United Nations by the Government of the Polish People’s Republic.

DENUNCIATION

Article IX

1. Any Party to this Protocol may denounce the Protocol by notification addressed to the Government of the Polish People’s Republic.

2. Denunciation shall take effect six months after the receipt by the Government of the Polish People’s Republic of the notification of denunciation.

3. As between the Parties to this Protocol, denunciation by any of them of the Convention in accordance with Article 39 thereof shall not be construed in any way as a denunciation of the Convention as amended by this Protocol.

RESERVATIONS

Article X

No reservation may be made to this Protocol.

DECLARATIONS

Argentina

The instrument of ratification by the Government of Argentina contains the following declaration:

“The United Kingdom of Great Britain and Northern Ireland having proceeded to ratification of the additional Protocols to the Warsaw Convention of 1929, adopted in Montreal (Canada) in 1975, the Argentine Republic rejects the said ratification inasmuch as it is made in the name of the ‘Malvinas Islands and of their Dependencies’, and reaffirms its sovereign right over the Malvinas Islands, South Georgia and the South Sandwich Islands which are an integral part of its national territory.

The General Assembly of the United Nations has adopted Resolutions 2065/XX/, 3160/XXVIII/, 31/49, 38/12 and 39/6 in which it recognizes the existence of a dispute relating to the question of the sovereignty of the Malvinas Islands and urges the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume as soon as possible their negotiations with a view to seeking by peaceful means a definitive solution to their dispute and to the other differences relating to the said question, through the good offices of the Secretary-General of the Organization who is to report on the progress achieved.

The Argentine Republic at the same time rejects the ratification referred to in the preceding paragraph inasmuch as it is made in the name of the ‘British Antarctic Territory’, and reaffirms that it does not accept any denomination which would attribute as belonging to another State, or which would admit thereof, the sector extending between longitude 25° West and longitude 74° West and between latitude 60° South and the South Pole over which the Argentine Republic exercises its sovereignty since this sector is an integral part of its territory.”

Canada

At the time of ratification, pursuant to Article XXI(1)(a) of Montreal Protocol no. 4, the Government of Canada made the following reservation: “Canada declares that the Warsaw Convention as amended at The Hague, 1955 and by Protocol No. 4 of Montreal, 1975, shall not apply to the carriage of persons, baggage and cargo for Canada’s military authorities on aircraft, registered in Canada, the whole capacity of which has been reserved by or on behalf of such authorities.”

Cuba

The instrument of accession by the Government of the Republic of Cuba contains the following declaration: “The Government of the Republic of Cuba declares, in conformity with paragraph 4 of the new Article 22 of the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw on 12 October 1929, amended by Additional Protocol No. 1 (Montreal, 1975), that since this State is not a member of the International Monetary Fund, the provisions contained in paragraphs 1, 2, 3 will not be applied in judicial proceedings in its territory and that instead of these, a limit of liability of the carrier will be fixed in the amount of 125,000 monetary units per passenger in relation to paragraph 1 of Article 22; 250 monetary units per kilo in relation to paragraph 2 of Article 22 and 5,000 monetary units per passenger in relation to paragraph 3. The contents of the last paragraph of item 4 of Article II of Additional Protocol No. 1 will be applied to this monetary unit.”

United Kingdom

The following declaration was made by the Government of the United Kingdom: “In reference to the declaration made by the Argentine Republic when depositing the instruments of ratification of Protocols Nos. 1, 2 and 3 as well as Montreal Protocol No. 4, signed at Montreal on 25 September 1975, the position of the United Kingdom is well known and remains unchanged. The United Kingdom has no doubt of its sovereignty over the Falkland Islands, South Georgia and the South Sandwich Islands and its incontestable right to apply the treaties thereto. As for the part of the declaration concerning the British Antarctic Territory, the Embassy recalls the contents of the Antarctic Treaty and particularly the provisions of Article IV of the said Treaty…”

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