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II.5.90 WARSAW-HAGUE CONVENTION, GUATEMALA PROTOCOL, 1971

The Ratification of Maritime Conventions

Chapter I.5.90

PROTOCOL OF 1971 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 Guatemala City, 8 March 1971
REFERENCE: GUATEMALA PROTOCOL, 1971
ENTERED INTO FORCE: Not yet in force
DEPOSITARY: ICAO
SECRETARY: ICAO

IMPLEMENTATION

SIGNATURE, RATIFICATION AND ACCESSION

Article XVIII

Until the date on which this Protocol enters into force in accordance with the provisions of Article XX, it shall remain open for signature by all States Members of the United Nations or any of the Specialised Agencies or of the International Atomic Energy Agency or Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a party to this Protocol.

Article XIX

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 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 at Guatemala City, 1971.

3. The instruments of ratification shall be deposited with the International Civil Aviation Organisation.

Article XXI

1. After the entry into force of this Protocol it shall be open for accession by any State referred to in Article XVIII.

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 at Guatemala City, 1971.

3. Accession shall be effected by the deposit of an instrument of accession with the International Civil Aviation Organisation and shall take effect on the ninetieth day after the deposit.

ENTRY INTO FORCE

Article XX

1. This Protocol shall enter into force on the ninetieth day after the deposit of the thirtieth instrument of ratification on the condition, however, that the total international scheduled air traffic, expressed in passenger-kilometres, according to the statistics for the year 1970 published by the International Civil Aviation Organisation, of the airlines of five States which have ratified this Protocol, represents at least forty per cent of the total international scheduled air traffic of the airlines of the member States of the International Civil Aviation Organisation in that year. If, at the time of deposit of the thirtieth instrument of ratification, this condition has not been fulfilled, the Protocol shall not come into force until the ninetieth day after this condition shall have been satisfied. This Protocol shall come into force for each State ratifying after the deposit of the last instrument of ratification necessary for entry into force of this Protocol 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 International Civil Aviation Organisation.

DENUNCIATION

Article XXII

1. Any Party to this Protocol may denounce the Protocol by notification addressed to the International Civil Aviation Organisation.

2. Denunciation shall take effect six months after the date of receipt by the International Civil Aviation Organisation 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 at Guatemala City, 1971.

RESERVATIONS

Article XXIII

1. Only the following reservations may be made to this Protocol:

  • (a) A State whose courts are not authorised under its law to award the costs of the action including lawyer’s fees may at any time by a notification addressed to the International Civil Aviation Organisation declare that Article XXII, paragraph 3(a) shall not apply to its courts; and
  • (b) a State may at any time declare by a notification addressed to the International Civil Aviation Organisation that the Warsaw Convention as amended at The Hague, 1955, and at Guatemala City, 1971 shall not apply to the carriage of persons, baggage and cargo 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.

2. Any State having made a reservation in accordance with the preceding paragraph may at any time withdraw such reservation by notification to the International Civil Aviation Organisation.

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