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II.5.60 WARSAW CONVENTION, 1929, THE HAGUE PROTOCOL 1955

The Ratification of Maritime Conventions

Chapter I.5.60

PROTOCOL OF 1955 TO AMEND THE CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR, 1929

ADOPTED: Done at Hague, 28 September 1955
REFERENCE: HAGUE PROTOCOL, 1955
ENTERED INTO FORCE: 1 August 1963
DEPOSITARY: Government of the Republic of Poland
SECRETARY: ICAO

IMPLEMENTATION

SIGNATURE, RATIFICATION AND ACCESSION

Article XX

Until the date on which this Protocol comes into force in accordance with the provisions of Article XXII, paragraph (1), it shall remain open for signature on behalf of any State which up to that date has ratified or adhered to the Convention or which has participated in the Conference at which this Protocol was adopted.

Article XXI

(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 Convention shall have the effect of adherence to the Convention as amended by this Protocol.

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

Article XXIII

(1) This Protocol shall, after it has come into force, be open for adherence by any non–signatory State.

(2) Adherence to this Protocol by any State which is not a Party to the Convention shall have the effect of adherence to the Convention as amended by this Protocol.

(3) Adherence shall be effected by the deposit of an instrument of adherence with the Government of the People’s Republic of Poland and shall take effect on the ninetieth day after the deposit.

ENTRY INTO FORCE

Article XXII

(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 People’s Republic of Poland.

DENUNCIATION

Article XXIV

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

(2) Denunciation shall take effect six months after the date of receipt by the Government of the People’s Republic of Poland 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 XXXIX thereof shall not be construed in any way as a denunciation of the Convention as amended by this Protocol.

RESERVATIONS

Article XXVI

No reservations may be made to this Protocol except that a State may at any time declare by a notification addressed to the Government of the People’s Republic of Poland that the Convention as amended by this Protocol shall not apply to the carriage of persons, cargo and baggage for its military authorities on aircraft, registered in that State, the whole capacity of which has been reserved by or on behalf of such authorities.

TERRITORIAL APPLICATIONS

Article XXV

(1) This Protocol shall apply to all territories for the foreign relations of which a State Party to this Protocol is responsible, with the exception of territories in respect of which a declaration has been made in accordance with paragraph (2) of this Article.

(2) Any State may, at the time of deposit of its instrument of ratification or adherence, declare that its acceptance of this Protocol does not apply to any one or more of the territories for the foreign relations of which such State is responsible.

(3) Any State may subsequently, by notification to the Government of the People’s Republic of Poland, extend the application of this Protocol to any or all of the territories regarding which it has made a declaration in accordance with paragraph (2) of this Article. The notification shall take effect on the ninetieth day after its receipt by that Government.

(4) Any State Party to this Protocol may denounce it, in accordance with the provisions of Article XXIV, paragraph (1), separately for any or all of the territories for the foreign relations of which such State is responsible.

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.

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).

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).

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

By a note dated 5 January 1962, the People’s Republic of the Congo declared that it considered itself bound by the Convention and the Protocol (before Congo became independent, acceptance was effected by France: of the Convention, on 15 November 1932; of the Protocol, on 19 May 1959).

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 the 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 Protocol, with effect from 8 October 1991.

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.

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).

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).

Lao, P.D.R.

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

By a note dated 3 September 1970, Malaysia declared that it considered itself bound by the Convention; before this State became independent, acceptance of the Convention was effected by the United Kingdom on 4 July 1936.

Malaysia has deposited 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”.

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).

Papua 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.

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).

Syrian 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.

Venezuela

The Government of Venezuela has filed the following reservation: “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 Protocol, to which the former Socialist Federal Republic of Yugoslavia was a Contracting State.

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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