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II.5.115 CONVENTION FOR THE UNIFICATION OF CERTAIN RULES FOR INTERNATIONAL CARRIAGE BY AIR, 1999

The Ratification of Maritime Conventions

Chapter I.5.115

CONVENTION FOR THE UNIFICATION OF CERTAIN RULES FOR INTERNATIONAL CARRIAGE BY AIR, 1999

ADOPTED: Done at Montreal, 28 May 1999
REFERENCE: MONTREAL CONVENTION OF 1999
ENTERED INTO FORCE: 4 November 2003
DEPOSITARY: International Civil Aviation Organization
SECRETARY:

IMPLEMENTATION

SIGNATURE, RATIFICATION AND ENTRY INTO FORCE

Article LIII

1. This Convention shall be open for signature in Montreal on 28 May 1999 by States participating in the International Conference on Air Law held at Montreal from 10 to 28 May 1999. After 28 May 1999, the Convention shall be open to all States for signature at the Headquarters of the International Civil Aviation Organization in Montreal until it enters into force in accordance with paragraph 6 of this Article.

2. This Convention shall similarly be open for signature by Regional Economic Integration Organisations. For the purpose of this Convention, a “Regional Economic Integration Organisation” means any organisation which is constituted by sovereign States of a given region which has competence in respect of certain matters governed by this Convention and has been duly authorized to sign and ratify, accept, approve or accede to this Convention. A reference to a “State Party” or “States Parties” in this Convention, otherwise than in paragraph 2 of Article 1, paragraph 1(b) of Article 3, paragraph (b) of Article 5, Articles 23, 33, 46 and paragraph (b) of Article 57, applies equally to a Regional Economic Integration Organisation. For the purpose of Article 24, the references to “a majority of the States Parties” and “one-third of the States Parties” shall not apply to a Regional Economic Integration Organisation.

3. This Convention shall be subject to ratification by States and by Regional Economic Integration Organisations which have signed it.

4. Any State or Regional Economic Integration Organisation which does not sign this Convention may accept, approve or accede to it at any time.

5. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Civil Aviation Organization, which is hereby designated the Depositary.

6. This Convention shall enter into force on the sixtieth day following the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession with the Depositary between the States which have deposited such instrument. An instrument deposited by a Regional Economic Integration Organisation shall not be counted for the purpose of this paragraph.

7. For other States and for other Regional Economic Integration Organisations, this Convention shall take effect sixty days following the date of deposit of the instrument of ratification, acceptance, approval or accession.

8. The Depositary shall promptly notify all signatories and States Parties of:

  • (a) each signature of this Convention and date thereof;
  • (b) each deposit of an instrument of ratification, acceptance, approval or accession and date thereof;
  • (c) the date of entry into force of this Convention;
  • (d) the date of the coming into force of any revision of the limits of liability established under this Convention;
  • (e) any denunciation under Article 54.

DENUNCIATION

Article LIV

1. Any State Party may denounce this Convention by written notification to the Depositary.

2. Denunciation shall take effect one hundred and eighty days following the date on which notification is received by the Depositary.

RESERVATIONS

Article LVII

No reservation may be made to this Convention except that a State Party may at any time declare by a notification addressed to the Depositary that this Convention shall not apply to:

  • (a) international carriage by air performed and operated directly by that State Party for non-commercial purposes in respect to its functions and duties as a sovereign State; and/or
  • (b) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by that State Party, the whole capacity of which has been reserved by or on behalf of such authorities.

DECLARATIONS AND RESERVATIONS

Belgium

Upon signature of the Convention, Belgium, a Member State of the European Community, declared that, “In accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention”.

Canada

At the time of ratification, Canada made the following declaration: “Canada declares, in accordance with Article 57 of the Convention for the Unification for Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 and signed by Canada on 1 October 2001, that the Convention does not apply to the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by Canada, the whole capacity of which has been reserved by or on behalf of such authorities” [Article 57(b)].

Czech Republic

Upon deposit of its instrument of ratification, the Czech Republic notified ICAO that “as a member of the International Monetary Fund, [the Czech Republic] shall proceed in accordance with Article 23, paragraph 1 of the Convention”.

Denmark

Upon signature of the Convention, Denmark, a Member State of the European Community, declared that, “In accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention”.

France

Upon signature of the Convention, France, a Member State of the European Community, declared that, “In accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention”.

Germany

Upon signature of the Convention, Germany, a Member State of the European Community, declared that, “In accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention”.

Greece

Upon signature of the Convention, Greece, a Member State of the European Community, declared that, “In accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention”.

Ireland

Upon signature of the Convention, Ireland, a Member State of the European Community, declared that, “In accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention”.

Italy

Upon signature of the Convention, Italy, a Member State of the European Community, declared that, “In accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention”.

Luxembourg

On 3 October 2000, ICAO received from Luxembourg the following declaration (original in French): “The Grand Duchy of Luxembourg, Member State of the European Community, declares that in accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention.”

New Zealand

Upon deposit of its instrument of accession (deemed to be an instrument of ratification), New Zealand declared “that this accession shall extend to Tokelau”.

Portugal

Upon signature of the Convention, Portugal, a Member State of the European Community, declared that, “In accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention”.

Sweden

Upon signature of the Convention, Sweden, a Member State of the European Community, declared that, “In accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention”.

United Kingdom

Upon signature of the Convention, the United Kingdom, a Member State of the European Community, declared that, “In accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention”.

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