The Ratification of Maritime Conventions
Chapter I.5.80
ADDITIONAL PROTOCOL NO. 2 TO AMEND THE CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR, 1929 AS AMENDED BY THE HAGUE PROTOCOL, 1955
ADOPTED: Done at Montreal, 25 September 1975
REFERENCE: MONTREAL ADDITIONAL PROTOCOL NO. 2
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 Party to the Warsaw Convention or by any State which is not a Party to the Warsaw Convention as amended at The Hague, 1955, shall have the effect of accession to the Warsaw Convention as amended at The Hague, 1955, and by Additional Protocol No. 2 of Montreal, 1975.
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 Warsaw Convention or by any State which is not a Party to the Warsaw Convention as amended at The Hague, 1955, shall have the effect of accession to the Warsaw Convention as amended at The Hague, 1955, and by Additional Protocol No. 2 of Montreal, 1975.
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 date of 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 Warsaw Convention in accordance with Article XXXIX thereof or of The Hague Protocol in accordance with Article XXIV thereof shall not be construed in any way as a denunciation of the Warsaw Convention as amended at The Hague, 1955, and by Additional Protocol No. 2 of Montreal, 1975.
RESERVATIONS
Article X
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 Polish People’s Republic 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.
DECLARATIONS AND RESERVATIONS
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/XXVII/, 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.”
Bosnia and Herzegovina, Republic of
By a note dated 9 February 1995, the Government of the Republic of Bosnia and Herzegovina declared that it considered itself bound, by virtue of succession, by the provisions of, inter alia, this Protocol.
Brazil
Ratification was done with the reservations stipulated in article X of Additional Protocol No. 2:
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 Polish People’s Republic 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.
Croatia
By a note dated 8 July 1993, the Government of Croatia declared that it considered itself bound, by virtue of succession, by the provisions of, inter alia, this Protocol, with effect from 8 October 1991.
Cuba
The Government of the Republic of Cuba declares, in conformity with paragraph 5 of the new Article 22 of the Warsaw Convention of 1929, amended by the Hague Protocol of 1955, and modified by Additional Protocol No. 2 (Montreal, 1975), that since this State is not a member of the International Monetary Fund, the provisions contained in paragraphs 1, 2a and 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 250,000 monetary units per passenger in relation to paragraph 1 of Article 22; 250 monetary units per kilo in relation to paragraph 2a of Article 22 and 5,000 monetary units per passenger in relation to paragraph 3. The contents of the last paragraph of item 5 of Article II of Additional Protocol No. 2 will be applied to this monetary unit.
The Government of the Republic of Cuba declares with regard to the provisions contained in Article X of Additional Protocol No. 2 (Montreal, 1975) which modifies the Warsaw Convention of 1929, as amended by the Hague Protocol of 1955, that the Convention as amended by the present Protocol will not apply to the transport of persons, cargo and baggage for Cuban military authorities in Cuban-registered aircraft, the whole capacity of which has been reserved by or on behalf of such authorities.
Macedonia, former Yugoslav Republic of
By a note dated 15 August 1994, the Government of the former Yugoslav Republic of Macedonia declared that it considered itself bound, by virtue of succession, by the provisions of, inter alia, this Protocol with effect from 8 September 1991.
Serbia
Serbia advised the depositary by a note date 07/06/2006, deposited on 08/06/2006, the Republic of Serbia continues to exercise the state and legal identity of the state union of Serbia and Montenegro.
Slovenia
In its notification dated 7 August 1998, the Government of the Republic of Slovenia stated that it considered itself bound, by virtue of succession, by the provisions of, inter alia, this Protocol with effect from 15 February 1996.
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 and 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. . . .
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.