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II.5.100 WARSAW-HAGUE-GUATEMALA CONVENTION, MONTREAL ADDITIONAL PROTOCOL NO. 3, 1975

The Ratification of Maritime Conventions

Chapter I.5.100

ADDITIONAL PROTOCOL NO. 3 OF 1975 TO AMEND THE CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR, 1929 AS AMENDED BY THE HAGUE AND GUATEMALA CITY PROTOCOLS OF 1955 AND 1971

ADOPTED: Done at Montreal, 25 September 1975
REFERENCE: ADDITIONAL PROTOCOL NO. 3 1975
ENTERED INTO FORCE: Not yet in force
DEPOSITARY: Polish People’s Republic
SECRETARY: ICAO

IMPLEMENTATION

SIGNATURE, RATIFICATION AND ACCESSION

Article VI

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

Article VII

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, or by any State which is not a Party to the Warsaw Convention as amended at The Hague, 1955, and at Guatemala City, 1971 shall have the effect of accession to the Warsaw Convention as amended at The Hague, 1955, at Guatemala City, 1971 and by Additional Protocol No. 3 of Montreal, 1975.

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

Article IX

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, or by any State not a Party to the Warsaw Convention as amended at The Hague, 1955, and at Guatemala City, 1971, shall have the effect of accession to the Warsaw Convention as amended at The Hague, 1955, at Guatemala City, 1971, and by Additional Protocol No. 3 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 VIII

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 X

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 or of the Guatemala City Protocol in accordance with Article XXII thereof shall not be construed in any way as a denunciation of the Warsaw Convention as amended at The Hague, 1955, at Guatemala City, 1971, and by Additional Protocol No. 3 of Montreal, 1975.

RESERVATIONS

Article XI

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

  • (a) any 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 Government of the Polish People’s Republic declare that Article XXII, paragraph 3(A) shall not apply to its courts;
  • (b) any State may at any time declare by a notification addressed to the Government of the Polish People’s Republic that the Warsaw Convention as amended at The Hague, 1955, at Guatemala City, 1971 and by Additional Protocol No. 3 of Montreal, 1975, 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; and
  • (c) any State may declare at the time of ratification of or accession to the Montreal Protocol No. 4 of 1975, or at any time thereafter, that it is not bound by the provisions of the Warsaw Convention as amended at The Hague, 1955, at Guatemala City, 1971, and by Additional Protocol No. 3 of Montreal, 1975, in so far as they relate to the carriage of cargo, mail and postal packages. Such declaration shall have effect ninety days after the date of receipt by the Government of the Polish People’s Republic of the declaration.

2. Any State having made a reservation in accordance with the preceding paragraph may at any time withdraw such reservation by notification to the Government of the Polish People’s Republic.

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/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.”

Brazil

Ratification was done with the reservations stipulated in Article XI, paragraph 1 (b), of Additional Protocol No. 3:

(Article XI, paragraph 1 (b)) 1. Only the following reservations may be made to this Protocol:

  • (b) any State may at any time declare by a notification addressed to the Government of the Polish People’s Republic that the Warsaw Convention as amended at The Hague, 1955, at Guatemala City, 1971 and by Additional Protocol No. 3 of Montreal, 1975, 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;

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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