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Vanuatu Consolidated Legislation - 1988 |
Commencement: 27 July 1981
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 137
Act
22 of 1981ARRANGEMENT OF SECTIONS
SECTION
SCHEDULE - Part 1 - Convention for the Unification of Certain Rules Relating to International Carriage by Air. Signed at Warsaw, 12 October 1929
Part 2 - Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, Signed at Warsaw, 12 October 1929
Part 3 - Convention on Damage caused by Foreign Aircraft to Third Parties on the Surface. Signed at Rome, 7 October 1952
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CIVIL AVIATION (CONVENTIONS)
For the ratification of international conventions and a protocol relating to civil aviation.
POWER OF PRIME MINISTER TO ACCEDE AND ADHERE TO CONVENTIONS AND PROTOCOL
CONVENTIONS AND PROTOCOL RATIFIED TO HAVE FORCE OF LAW
(2) The conventions and protocol shall have the force of law in Vanuatu from the day of the coming into force of this Act.
REGULATIONS
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SCHEDULE
Part 1
CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR. SIGNED AT WARSAW, 12 OCTOBER 1929
The President of the German Reich, the Federal President of the Republic of Austria, His Majesty the King of the Belgians, the President of the United States of Brazil, His Majesty the King of the Bulgarians, the President of the National Government of the Republic of China, His Majesty the King of Denmark and Iceland, His Majesty the King of Egypt, His Majesty the King of Spain, the Chief of State of the Republic of Estonia, the President of the Republic of Finland, the President of the French Republic, His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India, the President of the Hellenic Republic, His Most Serene Highness the Regent of the Kingdom of Hungary, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the Republic of Latvia, Her Royal Highness the Grand Duchess of Luxemburg, the President of the United States of Mexico, His Majesty the King of Norway, Her Majesty the Queen of the Netherlands, the President of the Republic of Poland, His Majesty the King of Roumania, His Majesty the King of Sweden, the Swiss Federal Council, the President of the Czechoslovak Republic, the Central Executive Committee of the Union of the Soviet Socialist Republics, the President of the United States of Venezuela, His Majesty the King of Yugoslavia;
Having recognized the advantage of regulating in a uniform manner the conditions of international carriage by air in respect of the documents to be used for such carriage and of the liability of the carrier, have nominated to this end their respective Plenipotentiaries, who, being thereto duly authorized, have concluded and signed the following convention-
CHAPTER I
SCOPE - DEFINITIONS
Article 1
(1) This Convention applies to all international carriage of persons, baggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.
(2) For the purposes of this Convention the expression "international carriage" means any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of 2 High Contracting Parties, or within the territory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to this Convention. A carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party is not deemed to be international for the purposes of this Convention.
(3) A carriage to be performed by several successive air carriers is deemed, for the purposes of this Convention, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within a territory subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party.
[Note: The paragraphs of the Convention shown in italics were deleted and replaced (except in the case of paragraph 2 of Article 20) by the Protocol
Article 2
(1) This Convention applies to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in Article 1.
(2) This Convention does not apply to carriage performed under the terms of any international postal Convention.
CHAPTER II
DOCUMENTS OF CARRIAGE
Section 1.-Passenger Ticket
Article 3
(1) For the carriage of passengers the carrier must deliver a passenger ticket which shall contain the following particulars -
(a) the place and date of issue;
(b) the place of departure and of destination;
(c) the agreed stopping places, provided that the carrier may reserve the right to after the stopping places in case of necessity, and that if he exercises that right, the alteration shall not have the effect of depriving the carriage of its international character;
(d) the name and address of the carrier or carriers;
(e) a statement that the carriage is subject to the rules relating to liability established by this Convention.
(2) The absence, irregularity or loss of the passenger ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Convention. Nevertheless, if the carrier accepts a passenger without a passenger ticket having been delivered he shall not be entitled to avail himself of those provisions of this Convention which exclude or limit his liability.
Section 2.-Baggage Check
Article 4
(1) For the carriage of baggage, other than small personal objects of which the passenger takes charge himself, the carrier must deliver a baggage check.
(2) The baggage check shall be made out in duplicate, one part for the passenger and the other part for the carrier.
(3) The baggage check shall contain the following particulars -
(a) the place and date of issue;
(b) the place of departure and of destination;
(c) the name and address of the carrier or carriers;
(d) the number of the passenger ticket;
(e) a statement that delivery of the baggage will be made to the bearer of the baggage check;
(f) the number and weight of the packages;
(g) the amount of the value declared in accordance with Article 22(2);
(h) a statement that the carriage is subject to the rules relating to liability established by this Convention.
(4) The absence, irregularity or loss of the baggage check does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Convention. Nevertheless, if the carrier accepts baggage without a baggage check having been delivered, or if the baggage check does not contain the particulars set out at (d), (f ) and (h) above, the carrier shall not be entitled to avail himself of those provisions of the Convention which exclude or limit his liability.
Section 3.-Air Waybill
Article 5
(1) Every carrier of cargo has the right to require the consignor to make out and hand over to him a document called an "air waybill"; every consignor has the right to require the carrier to accept this document.
(2) The absence, irregularity or loss of this document does not affect the existence or the validity of the contract of carriage which shall, subject to the provisions of Article 9, be none the less governed by the rules of this Convention.
Article 6
(1) The air waybill shall be made out by the consignor in 3 original parts and be handed over with the cargo.
(2) The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee"; it shall be signed by the consignor and by the carrier and shall accompany the cargo. The third part shall be signed by the carrier and handed by him to the consignor after the cargo has been accepted.
(3) The carrier shall sign on acceptance of the cargo.
(4) The signature of the carrier may be stamped; that of the consignor may be printed or stamped.
(5) If, at the request of the consignor, the carrier makes out the air waybill, he shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor.
Article 7
The carrier of cargo has the right to require the consignor to make out separate air waybills when there is more than one package.
Article 8
The air waybill shall contain the following particulars -
(a) the place and date of its execution;
(b) the place of departure and of destination;
(c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right the alteration shall not have the effect of depriving the carriage of its international character;
(d) the name and address of the consignor;
(e) the name and address of the first carrier;
(f) the name and address. of the consignee, if the case so requires;
(g) the nature of the cargo;
(h) the number of the packages, the method of packing and the particular marks or numbers upon them;
(i) the weight, the quantity and the volume or dimensions of the cargo;
(j) the apparent condition of the cargo and of the packing;
(k) the freight, if it has been agreed upon, the date and place of payment, and the person who is to pay it;
(l) if the cargo is sent for payment on delivery, the price of the cargo, and, if the case so requires, the amount of the expenses incurred;
(m) the amount of the value declared in accordance with Article 22(2);
(n) the number of parts of the air waybill;
(o) the documents handed to the carrier to accompany the air waybill;
(p) the time fixed for the completion of the carriage and a brief note of the route to be followed, if these matters have been agreed upon;
(q) a statement that the carriage is subject to the rules relating to liability established by this Convention.
Article 9
If the carrier accepts cargo without an air waybill having been made out, or if the air waybill does not contain all the particulars set out in Article 8(a) to (i) inclusive and (q), the carrier shall not be entitled to avail himself of the provisions of this Convention which exclude or limit his liability.
Article 10
(1) The consignor is responsible for the correctness of the particulars and statements relating to the cargo which he inserts in the air waybill.
(2) The consignor will be liable for all damage suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the said particulars and statements.
Article 11
(1) The air waybill is prima facie evidence of the conclusion of the contract, of the receipt of the cargo and of the conditions of carriage.
(2) The statements in the air waybill relating to the weight, dimensions and packing of the cargo, as well as those relating to the number of packages, are prima facie evidence of the facts stated; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill to have been, checked by him in the presence of the consignor, or relate to the apparent condition of the cargo.
Article 12
(1) Subject to his liability to carry out all his obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the aerodrome of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air waybill, or by requiring it to be returned to the aerodrome of departure. He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise of this right.
(2) If it is impossible to carry out the orders of the consignor the carrier must so inform him forthwith.
(3) If the carrier obeys the orders of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill delivered to the latter, he will be liable, without prejudice to his right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill.
(4) The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the waybill or the cargo, or if he cannot be communicated with, the consignor resumes his right of disposition.
Article 13
(1) Except in the circumstances set out in the preceding Article, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the cargo to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill.
(2) Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives.
(3) If the carrier admits the loss of the cargo, or if the cargo has not, arrived at the expiration of 7 days after the date on which it ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage.
Article 14
The consignor and the consignee can respectively enforce all the rights given them by Articles 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of another, provided that he carries out the obligations imposed by the contract.
Article 15
(1) Articles 12, 13 and 14 do not affect either the relations of the consignor or the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee.
(2) The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air waybill.
[Note: A new paragraph numbered as paragraph (3) was added by Article IX of the Protocol set out in Schedule 111, infra.]
Article 16
(1) The consignor must furnish such information and attach to the air waybill such documents as are necessary to meet the formalities of customs, octroi or police before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier or his agents.
(2) The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.
CHAPTER III
LIABILITY OF THE CARRIER
Article 17
The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.
Article 18
(1) The carrier is liable for damage sustained in the event of the destruction or loss of, or of damage to, any registered baggage or any cargo, if the occurrence which caused the damage so sustained took place during the carriage by air.
(2) The carriage by air within the meaning of the preceding paragraph comprises the period during which the baggage or cargo is in charge of the carrier, whether in an aerodrome or on board an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever.
(3) The period of the carriage by air does not extend to any carriage by land, by sea or by river performed outside an aerodrome. If, however, such a carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air.
Article 19
The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo.
Article 20
(1) The carrier is not liable if he proves that he and his agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures.
(2) In the carriage of cargo and baggage the carrier is not liable if he proves that the damage was occasioned by negligent pilotage or negligence in the handling of the aircraft or in navigation and that, in all other respects, he and his agents have taken all necessary measures to avoid the damage.
Article 21
If the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the Court may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability.
Article 22
(1) In the carriage of passengers the liability of the carrier for each passenger is limited to the sum of 125, 000 francs. Where, in accordance with the law of the Court seized of the case, damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed 125, 000 francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability.
(2) In the carriage of registered baggage and of cargo, the liability of the carrier is limited to a sum of 250 francs per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of the value at delivery and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the actual value to the consignor at delivery.
(3) As regards objects of which the passenger takes charge himself the liability of the carrier is limited to 5, 000 francs per passenger.
(4) The sums mentioned above shall be deemed to refer to the French franc consisting of 654 milligrams gold of millesimal fineness 900. These sums may be converted into any national currency in round figures.
Article 23
Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Convention.
[Note: This provision was renumbered as paragraph (1) and another provision added as paragraph (2) by Article XII of the Protocol set out in Schedule 111, infra.]
Article 24
(1) In the cases covered by Articles 18 and 19 any action for damages, however founded, can only be brought subject to the conditions and limits set out in this Convention.
(2) In the cases covered by Article 17 the provisions of the preceding paragraph also apply, without prejudice to the questions as to who are persons who have the right to bring suit and what are their respective rights.
Article 25
(1) The carrier shall not be entitled to avail himself of the provisions of this Convention which exclude or limit his liability, if the damage is caused by his wilful misconduct or by such default on his part as, in accordance with the law of the Court seized of the case, is considered to be equivalent to wilful misconduct.
(2) Similarly the carrier shall not be entitled to avail himself of the said provisions, if the damage is caused as aforesaid by any agent of the carrier acting within the scope of his employment.
[Note: A new article numbered as Article 25A was added by Article XIV of the Protocol set out in Schedule 111, infra. 1
Article 26
(1) Receipt by the person entitled to delivery of baggage or cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the document of carriage.
(2) In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within 3 days from the date of receipt in the case of baggage and 7 days from the date of receipt in the case of cargo. In the case of delay the complaint must be made at the latest within 14 days from the date on which the baggage or cargo has been placed at his disposal.
(3) Every complaint must be made in writing upon the document of carriage or by separate notice in writing despatched within the times aforesaid.
(4) Failing complaint with the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part.
Article 27
In the case of the death of the person liable, an action for damages lies in accordance with the terms of this Convention against those legally representing his estate.
Article 28
(1) An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the Court having jurisdiction where the carrier is ordinarily resident, or has his principal place of business, or has an establishment by which the contract has been made or before the Court having jurisdiction at he place of destination.
(2) Questions of procedure shall be governed by the law of the Court seized of the case.
Article 29
(1) The right to damages shall be extinguished if an action is not brought within 2 years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
(2) The method of calculating the period of limitation shall be determined by the law of the Court seized of the case.
Article 30
(1) In the case of carriage to be performed by various successive carriers and falling within the definition set out in the third paragraph of Article 1, each carrier who accepts passengers, baggage or cargo is subjected to the rules set out in this Convention, and is deemed to be one of the contracting parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under his supervision.
(2) In the case of carriage of this nature, the passenger or his representative can take action only against the carrier who performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey.
(3) As regards baggage or cargo, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee.
CHAPTER IV
PROVISIONS RELATING TO COMBINED CARRIAGE
Article 31
(1) In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Convention apply only to the carriage by air, provided that the carriage by air falls within the terms of Article 1.
(2) Nothing in this Convention shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this Convention are observed as regards the carriage by air.
CHAPTER V
GENERAL AND FINAL PROVISIONS
Article 32
Any clause contained in the contract and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless for the carriage of cargo arbitration clauses are allowed, subject to this Convention, if the arbitration is to take place within one of the jurisdictions referred to in the first paragraph of Article 28.
Article 33
Nothing contained in this Convention shall prevent the carrier either from refusing to enter into any contract of carriage, or from making regulations which do not conflict with the provisions of this Convention.
Article 34
This Convention does not apply to international carriage by air performed by way of experimental trial by air navigation undertakings with the view to the establishment of a regular line of air navigation, nor does it apply to carriage performed in extraordinary circumstances outside the normal scope of an air carrier's business.
Article 35
The expression "days" when used in this Convention means current days not working days.
Article 36
The Convention is drawn up in French in a single copy which shall remain deposited in the archives of the Ministry for Foreign Affairs of Poland and of which one duly certified copy shall be sent by the Polish Government to the Government of each of the High Contracting Parties.
Article 37
(1) This Convention shall be ratified. The instruments of ratification shall be deposited in the archives of the Ministry for Foreign Affairs of Poland, which will notify the deposit to the Government of each of the High Contracting Parties.
(2) As soon as this Convention shall have been ratified by five of the High Contracting Parties it shall come into force as between them on the ninetieth day after the deposit of the fifth ratification. Thereafter it shall come into force between the High Contracting Parties who shall have ratified and the High Contracting Party who deposits his instrument of ratification on the ninetieth day after the deposit.
(3) It shall be the duty of the Government of the Republic of Poland to notify to the Government of each of the High Contracting Parties the date on which this Convention comes into force as well as the date of the deposit of each ratification.
Article 38
(1) This Convention shall, after it has come into force, remain open for accession by any State.
(2) The accession shall be effected by a notification addressed to the Government of the Republic of Poland, which will inform the Government of each of the High Contracting Parties thereof.
(3) The accession shall take effect as from the ninetieth day after the notification made to the Government of the Republic of Poland.
Article 39
(1) Any one of the High Contracting Parties may denounce this Convention by a notification addressed to the Government of the Republic of Poland, which will at once inform the Government of each of the High Contracting Parties.
(2) Denunciation shall take effect six months after the notification of denunciation, and shall operate only as regards the party who shall have proceeded to denunciation.
Article 40
(1) Any High Contracting Party may, at the time of signature or of deposit of ratification or of accession declare that the acceptance which he gives to this Convention does not apply to all or any of his colonies, protectorates, territories under mandate, or any other territory subject to his sovereignty or his authority, or any territory under his suzerainty.
(2) Accordingly any High Contracting Party may subsequently accede separately in the name of all or any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority or any territory under his suzerainty which has been thus excluded by his original declaration.
(3) Any High Contracting Party may denounce this Convention, in accordance with its provisions, separately or for all or any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority, or any other territory under his suzerainty.
[Note: A new article numbered as Article 40A was added by Article XVII of the Protocol set out in Schedule III, infra.]
Article 41
Any High Contracting Party shall be entitled not earlier than 2 years after the coming into force of this Convention to call for the assembling of a new international Conference in order to consider any improvements which may be made in this Convention. To this end he will communicate with the Government of the French Republic which will take the necessary measures to make preparations for such Conference.
This Convention done at Warsaw on the 12 October 1929, shall remain open for signature until the 31 January 1930.
[Here follow the signatures on behalf of the Governments of Germany, Austria, Belgium, Brazil, Denmark, Spain, France, Great Britain and Northern Ireland, the Commonwealth of Australia, the Union of South Africa, Greece, Italy, Japan, Latvia, Luxembourg, Norway, the Netherlands, Poland, Romania, Switzerland, Czechoslovakia, the Union of Soviet Socialist Republics, and Yugoslavia.]
ADDITIONAL PROTOCOL
The High Contracting Parties reserve to themselves the right to declare at the time of ratification or of accession that the first paragraph of Article 2 of this Convention shall not apply to international carriage by air performed directly by the State, its colonies, protectorates or mandated territories or by any other territory under its sovereignty, suzerainty or authority.
[This Additional Protocol was signed on behalf of the same countries as those above mentioned.] R.S., c. 45, First Sch.; 1963, c. 33, s. 3.
____________________________
Part 2
PROTOCOL TO AMEND THE CONVENTION FOR THE UNIFICATION
OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE
BY AIR, SIGNED AT WARSAW,
12 OCTOBER 1929
THE HAGUE
28 September 1955
Considering that it is desirable to amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929.
Have Agreed as Follows -
CHAPTER I
AMENDMENTS TO THE CONVENTION
Article 1
In Article 1 of the Convention -
(a) paragraph (2) shall be deleted and replaced by the following -
"(2) For the purposes of this Convention, the expression international carriage means any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of 2 High Contracting Parties or within the territory of a single High Contracting Party if there is an agreed stopping place within the territory of another State, even if that State is not a High Contracting Party. Carriage between 2 points within the territory of a single High Contracting Party without an agreed stopping place within the territory of another State is not international carriage for the purposes of this Convention."
(b) paragraph (3) shall be deleted and replaced by the following -
"(3) Carriage to be performed by several successive air carriers is deemed, for the purposes of this Convention, to be one undivided carriage if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State."
Article II
In Article 2 of the Convention -
paragraph (2) shall be deleted and replaced by the following -
"(2) This Convention shall not apply to carriage of mail and postal packages."
Article III
In Article 3 of the Convention -
(a) paragraph (1) shall be deleted and replaced by the following -
"(1) In respect of the carriage of passengers a ticket shall be delivered containing -
(a) an indication of the places of departure and destination;
(b) if the places of departure and destination are within the territory of a single High Contracting Party, 1 or more agreed stopping places being within the territory of another State, an indication of at least 1 such stopping place;
(c) a notice to the effect that, if the passenger's journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss of or damage to baggage."
(b) paragraph (2) shall be deleted and replaced by the following-
"(2) The passenger ticket shall constitute prima facie evidence of the conclusion and conditions of the contract of carriage. The absence, irregularity or loss of the passenger ticket does not affect the existence or the validity of the contract of carriage which shall, none the less, be subject to the rules of this Convention. Nevertheless, if, with the consent of the carrier, the passenger embarks without a passenger ticket having been delivered, or if the ticket does not include the notice required by paragraph (1)(c) of this Article, the carrier shall not be entitled to avail himself of the provisions of Article 22."
Article IV
In Article 4 of the Convention -
(a) paragraphs (1), (2) and (3) shall be deleted and replaced by the following -
"(1) In respect of the carriage of registered baggage, a baggage check shall be delivered, which, unless combined with or incorporated in a passenger ticket which complies with the provisions of Article 3, paragraph (1), shall contain -
(a) an indication of the places of departure and destination;
(b) if the places of departure and destination are within the territory of a single High Contracting Party, 1 or more agreed stopping places being within the territory of another State, an indication of at least 1 such stopping place;
(c) a notice to the effect that, if the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to baggage."
(b) paragraph (4) shall be deleted and replaced by the following-
"(2) The baggage check shall constitute prima facie evidence of the registration of the baggage and of the conditions of the contract of carriage. The absence, irregularity or loss of the baggage check does not affect the existence or the validity of the contract of carriage which shall, none the less, be subject to the rules of this Convention. Nevertheless, if the carrier takes charge of the baggage without a baggage check having been delivered or if the baggage check (unless combined with or incorporated in the passenger ticket which complies with the provisions of Article 3, paragraph (1)(c)) does not include the notice required by paragraph (1)(c) of this Article, he shall not be entitled to avail himself of the provisions of Article 22, paragraph (2)."
Article V
In Article 6 of the Convention -
paragraph (3) shall be deleted and replaced by the following -
"(3) The carrier shall sign prior to the loading of the cargo on board the aircraft."
Article VI
Article 8 of the Convention shall be deleted and replaced by the following -
"The air waybill shall contain -
(a) an indication of the places of departure and destination;
(b) if the places of departure and destination are within the territory of a single High Contracting Party, 1 or more agreed stopping places being within the territory of another State, an indication of at least 1 such stopping place;
(c) a notice to the consignor to the effect that, if the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to cargo."
Article VII
Article 9 of the Convention shall be deleted and replaced by the following -
"If, with the consent of the carrier, cargo is loaded on board the aircraft without an air waybill having been made out, or if the air waybill does not include the notice required by Article 8, paragraph (c), the carrier shall not be entitled to avail himself of the provisions of Article 22, paragraph (2)."
Article VIII
In Article 10 of the Convention -
paragraph (2) shall be deleted and replaced by the following -
"(2) The consignor shall indemnify the carrier against all damage suffered by him, or by any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor."
Article IX
To Article 15 of the Convention -
the following paragraph shall be added -
"(3) Nothing in this Convention prevents the issue of a negotiable air waybill."
Article X
Paragraph (2) of Article 20 of the Convention shall be deleted.
Article XI
Article 22 of the Convention shall be deleted and replaced by the following -
"Article 22
(1) In the carriage of persons the liability of the carrier for each passenger is limited to the sum of 250,000 francs. Where, in accordance with the law of the court seized of the case, damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed 250,000 francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability.
(2) (a) In the carriage of registered baggage and of cargo, the liability of the carrier is limited to a sum of 250,000 francs per kilogramme, unless the passenger or consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the passenger's or consignor's actual interest in delivery at destination.
(b) In the case of loss, damage or delay of part of registered baggage or cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the loss, damage or delay of a part of the registered baggage or cargo, or of an object contained therein, affects the value of other packages covered by the same baggage check or the same air waybill, the total weight of such package or packages shall also be taken into consideration in determining the limits of liability.
(3) As regards objects of which the passenger takes charge himself the liability of the carrier is limited to 5,000 francs per passenger.
(4) The limits prescribed in this article shall not prevent the court from awarding, in accordance with its own law, in addition, the whole or part of the court costs and of the other expenses of the litigation incurred by the plaintiff. The foregoing provision shall not apply if the amount of the damages awarded, excluding court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of 6 months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later.
(5) The sums mentioned in francs in this Article shall be deemed to refer to a currency unit consisting of 651/2 milligrams of gold of millesimal fineness 900. These sums may be converted into national currencies in round figures. Conversion of the sums into national currencies other than gold shall, in case of judicial proceedings, be made according to the gold value of such currencies at the date of judgment."
Article XII
In Article 23 of the Convention, the existing provision shall be renumbered as paragraph 1 and another paragraph shall be added as follows -
"(2) Paragraph (1) of this Article shall not apply to provisions governing loss or damage resulting from the inherent defect, quality or vice of the cargo carried."
Article XIII
In Article 25 of the Convention -
paragraphs (1) and (2) shall be deleted and replaced by the following -
"The limits of liability specified in Article 22 shall not apply if it is proved that the damage resulted from an act or omission of the carrier, his servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that he was acting within the scope of his employment."
Article XIV
After Article 25 of the Convention, the following article shall be inserted -
"Article 25A
(1) If an action is brought against a servant or agent of the carrier arising out of damage to which this Convention relates, such servant or agent, if he proves that he acted within the scope of his employment, shall be entitled to avail himself of the limits of liability which that carrier himself is entitled to invoke under Article 22.
(2) The aggregate of the amounts recoverable from the carrier, his servants and agents, in that case, shall not exceed the said limits.
(3) The provisions of paragraphs (1) and (2) of this article shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result."
Article XV
In Article 26 of the Convention -
paragraph (2) shall be deleted and replaced by the following -
"(2) In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within 7 days from the date of receipt in the case of baggage and 14 days from the date of receipt in the case of cargo. In the case of delay the complaint must be made at the latest within 21 days from the date on which the baggage or cargo have been placed at his disposal."
Article XVI
Article 34 of the Convention shall be deleted and replaced by the following -
"The provisions of Articles 3 to 9 inclusive relating to documents of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of an air carrier's business."
Article XVII
After Article 40 of the Convention, the following article shall be inserted -
"Article 40A
(1) In Article 37, paragraph (2) and Article 40, paragraph (1), the expression High Contracting Party shall mean State. In all other cases, the expression High Contracting Party shall mean a State whose ratification of or adherence to the Convention has become effective and whose denunciation thereof has not become effective.
(2) For the purposes of the Convention the word territory means not only the metropolitan territory of a State but also all other territories for the foreign relations of which that State is responsible."
CHAPTER II
SCOPE OF APPLICATION OF THE CONVENTION AS AMENDED
Article XVIII
The Convention as amended by this Protocol shall apply to international carriage as defined in Article 1 of the Convention, provided that the places of departure and destination referred to in that Article are situated either in the territories of 2 parties to this Protocol or within the territory of a single party to this Protocol with an agreed stopping place within the territory of another State.
CHAPTER III
FINAL CLAUSES
Article XIX
As between the Parties to this Protocol, the Convention and the Protocol shall be read and interpreted together as I single instrument and shall be known as the Warsaw Convention as amended at The Hague, 1955.
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 instrument of ratification shall be deposited with the Government of the People's Republic of Poland.
Article XXII
(1) As soon as 30 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.
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.
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 6 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 39 thereof shall not be construed in any way as a denunciation of the Convention as amended by this Protocol.
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 is acceptance of this Protocol does not apply to any 1 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.
Article XXVI
No reservation 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.
Article XXVII
The Government of the People's Republic of Poland shall give immediate notice to the Governments of all States signatories to the Convention or this Protocol, all States Parties to the Convention or this Protocol, and all States Members of the International Civil Aviation Organization or of the United Nations and to the International Civil Aviation Organization -
(a) of any signature of this Protocol and the date thereof;
(b) of the deposit of any instrument of ratification or adherence in respect of this Protocol and the date thereof;
(c) of the date on which this Protocol comes into force in accordance with Article XXII, paragraph (1);
(d) of the receipt of any notification of denunciation and the date thereof;
(e) of the receipt of any declaration or notification made under Article XXV and the date thereof; and of the receipt of any notification made under Article XXVI and the date thereof.
In Witness Whereof the undersigned Plenipotentiaries, having been duly authorized, have signed this Protocol.
Done at The Hague on the twenty-eighth day of the month of September of the year One Thousand Nine Hundred and Fifty-five, in 3 authentic texts in English, French and Spanish languages. In the case of any inconsistency, the text in the French language, in which language the Convention was drawn up, shall prevail.
This Protocol shall be deposited with the Government of the People's Republic of Poland with which, in accordance with Article XX, it shall remain open for signature, and that Government shall send certified copies thereof to the Governments of all States signatories to the Convention or this Protocol, all States Parties to the Convention or this Protocol, and all States Members of the International Civil Aviation Organization or of the United Nations, and to the International Civil Aviation Organization.
[Here follow the signatures on behalf of the Governments of Belgium, Brazil, Republic of Czechoslovakia, Egypt, France, Federal Republic of Germany, Greece, Hungarian People's Republic, Ireland, Israel, Italy, Laos, Liechtenstein, Luxembourg, Mexico, Norway, Netherlands, Philippines, Polish People's Republic, Portugal, Romanian People's Republic, Salvador, Sweden, Switzerland, Union of Soviet Socialist Republics, and Venezuela.] 1963, c. 33 s. 4.
______________________
Part 3
CONVENTION ON DAMAGE CAUSED BY FOREIGN AIRCRAFT TO
THIRD PARTIES ON THE SURFACE. SIGNED AT ROME, 7 OCTOBER 1952
ROME
7 October 1952
THE STATES SIGNATORY to this Convention
MOVED by a desire to ensure adequate compensation for persons who suffer damage caused on the surface by foreign aircraft, while limiting in a reasonable manner the extent of the liabilities incurred for such damage in order not to hinder the development of international civil air transport, and also
CONVINCED of the need for unifying to the greatest extent possible, through an international convention, the rules applying in the various countries of the world to the liabilities incurred for such damage.
HAVE APPOINTED to such effect the undersigned Plenipotentiaries who, duly authorised,
HAVE AGREED AS FOLLOWS -
CHAPTER I
PRINCIPLES OF LIABILITY
Article 1
Article 2
(b) A person shall be considered to be making use of an aircraft when he is using it personally or when his servants or agents are using the aircraft in the course of their employment, whether or not within the scope of their authority.
Article 3
If the person who was the operator at the time the damage was caused had not the exclusive right to use the aircraft for a period of more than 14 days, dating from the moment when the right to use commenced, the person from whom such right was derived shall be liable jointly and severally with the operator, each of them being bound under the provisions and within the limits of liability of this Convention.
Article 4
If a person makes use of an aircraft without the consent of the person entitled to its navigational control, the latter, unless he proves that he has exercised due care to prevent such use, shall be jointly and severally liable with the unlawful user for damage giving a right to compensation under Article 1, each of them being bound under the provisions and within the limits of liability of this Convention.
Article 5
Any person who would otherwise be liable under the provisions of this Convention shall not be liable if the damage is the direct consequence of armed conflict or civil disturbance, or if such person has been deprived of the use of the aircraft by act of public authority.
Article 6
Article 7
When 2 or more aircraft have collided or interfered with each other in flight and damage for which a right to compensation as contemplated in Article I results, or when 2 or more aircraft have jointly caused such damage, each of the aircraft concerned shall be considered to have caused the damage and the operator of each aircraft shall be liable, each of them being bound under the provisions and within the limits of liability of this Convention.
Article 8
The persons referred to in paragraph 3 of Article 2 and in Articles 3 and 4 shall be entitled to A defences which are available to an operator under the provisions of this Convention.
Article 9
Neither the operator, the owner, any person liable under Article 3 or Article 4, nor their respective servants or agents, shall be liable for damage on the surface caused by an aircraft in flight or any person or thing falling therefrom otherwise than as expressly provided in this Convention. This rule shall not apply to any such person who is guilty of a deliberate act or omission done with intent to cause damage.
Article 10
Nothing in this Convention shall prejudice the question whether a person liable for damage in accordance with its provisions has a right of recourse against any other person.
CHAPTER II
EXTENT OF LIABILITY
Article 11
(a) 500,000 francs for aircraft weighing 1,000 kilogrammes or less;
(b) 500,000 francs plus 400 francs per kilogramme over 1,000 kilogrammes for aircraft weighing more than 1,000 but not exceeding 6,000 kilogrammes;
(c) 2,500,000 francs plus 250 francs per kilogramme over 6,000 kilogrammes for aircraft weighing more than 6,000 but not exceeding 20,000 kilogrammes;
(d) 6,000,000 francs plus 150 francs per kilogramme over 20,000 kilogrammes for aircraft weighing more than 20,000 but not exceeding 50,000 kilogrammes;
(e) 10,500,000 francs plus 100 francs per kilogramme over 50,000 kilogrammes for aircraft weighing more than 50,000 but not exceeding 50,000 kilogrammes;
Article 12
Article 13
Article 14
If the total amount of the claims established exceeds the limit of liability applicable under the provisions of this Convention, the following rules shall apply, taking into account the provisions of paragraph 2 of Article 11 -
(a) If the claims are exclusively in respect of loss of life or personal injury or exclusively in respect of damage to property, such claims shall be reduced in proportion to their respective amounts.
(b) If the claims are both in respect of loss of life or personal injury and in respect of damage to property, one half of the total sum distributable shall be appropriated preferentially to meet claims in respect of loss of life and personal injury and, if insufficient, shall be distributed proportionately between the claims concerned. The remainder of the total sum distributable shall be distributed proportionately among the claims in respect of damage to property and the portion not already covered of the claims in respect of loss of life and personal injury.
CHAPTER III
SECURITY FOR OPERATOR’S LIABILITY
Article 15
(b) If insurance has been required by any State under paragraph 1 of this Article, and a final judgment in that State is not satisfied by payment in the currency of that State, any Contracting State may refuse to accept the insurer as financially responsible until such payment, if demanded, has been made.
(a) a cash deposit in a depository maintained by the Contracting State where the aircraft is registered or with a bank authorised to act as a depository by that State;
(b) a guarantee given by a bank authorised to do so by the Contracting State where the aircraft is registered, and whose financial responsibility has been verified by that State;
(c) a guarantee given by the Contracting State where the aircraft is registered, if that State undertakes that it will not claim immunity from suit in respect of that guarantee.
(b) Until this tribunal has given its decision the insurance or guarantee shall be considered provisionally valid by the State overflown.
Article 16
(a) that the damage occurred after the security ceased to be effective. However, if the security expires during a flight, it shall be continued in force until the next landing specified in the flight plan, but no longer than 24 hours; and if the security ceases to be effective for any reason other than the expiration of its term, or a change of operator, it shall be continued until 15 days after notification to the appropriate authority of the State which certifies the financial responsibility of the insurer or the guarantor that the security has ceased to be effective, or until effective withdrawal of the certificate of the insurer or the certificate of guarantee if such a certificate has been required under paragraph 5 of Article 15, whichever is the earlier;
(b) that the damage occurred outside the territorial limits provided for by the security, unless flight outside of such limits was caused by force majeure, assistance justified by the circumstances, or an error in piloting, operation or navigation.
(a) where the security is continued in force under the provisions of paragraph 1(a) and (b) of this Article;
(b) the bankruptcy of the operator.
Article 17
(b) the amount of the claim not exceeding the applicable limit of liability.
is increased security shall be maintained until every claim has been disposed of.
Article 18
Any sums due to an operator from an insurer shall be exempt from seizure and execution by creditors of the operator until claims of third parties under this Convention have been satisfied.
CHAPTER IV
RULES OF PROCEDURE AND LIMITATION OF ACTIONS
Article 19
If a claimant has not brought an action to enforce his claim or if notification of such claim has not been given to the operator within a period of 6 months from the date of the incident which gave rise to the damage, the claimant shall only be entitled to compensation out of the amount for which the operator remains liable after all claims made within that period have been met in full.
Article 20
(a) in the Contracting State where the judgment debtor has his residence or principal place of business or,
(b) if the assets available in that State and in the State where the judgment was pronounced are insufficient to satisfy the judgment, in any other Contracting State where the judgment debtor has assets.
(a) the judgment was given by default and the defendant did not acquire knowledge of the proceedings in sufficient time to act upon it;
(b) the defendant was not given a fair and adequate opportunity to defend his interests;
(c) the judgment is in respect of a cause of action which had already, as between the same parties, formed the subject of a judgment or an arbitral award which, under the law of the State where execution is sought, is recognized as final and conclusive;
(d) the judgment has been obtained by fraud of any of the parties;
(e) the right to enforce the judgment is not vested in the person by whom the application for execution is made.
The right to bring a new action under this paragraph shall, notwithstanding the provisions of Article 21, be subject to a period of limitation of 1 year from the date on which the claimant has received notification of the refusal to execute the judgment.
The court applied to shall also refuse to issue execution until final judgment has been given on all actions filed in the State where the damage occurred by those persons who have complied with the time limit referred to in Article 19, if the judgment debtor proves that the total amount of compensation which might be awarded by such judgments might exceed the applicable limit of liability under the provisions of this Convention.
Similarly such court shall not grant execution when, in the case of actions brought in the State where the damage occurred by those persons who have complied with the time limit referred to in Article 19, the aggregate of the judgments exceeds the applicable limit of liability, until such judgments have been reduced in accordance with Article 14.
Article 21
Article 22
In the event of the death of the person liable, an action in respect of liability under the provisions of this Convention shall lie against those legally responsible for his obligations.
CHAPTER V
APPLICATION OF THE CONVENTION AND GENERAL PROVISIONS
Article 23
Article 24
This Convention shall not apply to damage caused to an aircraft in flight, or to persons or goods on board such aircraft.
Article 25
This Convention shall not apply to damage on the surface if liability for such damage is regulated either by a contract between the person who suffers such damage and the operator or the person entitled to use the aircraft at the time the damage occurred, or by the law relating to workmen's compensation applicable to a contract of employment between such persons.
Article 26
This Convention shall not apply to damage caused by military, customs or police aircraft.
Article 27
Contracting States will, as far as possible, facilitate payment of compensation under the provisions of this Convention in the currency of the State where the damage occurred.
Article 28
If legislative measures are necessary in any Contracting State to give effect to this Convention, the Secretary General of the International Civil Aviation Organization shall be informed forthwith of the measures so taken.
Article 29
As between Contracting States which have also ratified the International Convention for the Unification of Certain Rules relating to Damage caused by Aircraft to Third Parties on the Surface opened for signature at Rome on the 29 May 1933, the present Convention upon is entry into force shall supersede the said Convention of Rome.
Article 30
For the purposes of this Convention -
"Person" means any natural or legal person, including a State.
"Contracting State" means any State which has ratified or adhered to this Convention and whose denunciation thereof has not become effective.
"Territory of a State" means the metropolitan territory of a State and all territories for the foreign relations of which that State is responsible, subject to the provisions of Article 36.
CHAPTER VI
FINAL PROVISIONS
This Convention shall remain open for signature on behalf of any State until it comes into force in accordance with the provisions of Article 33.
Article 32
1. This Convention shall be subject to ratification by the signatory States.
Article 33
Article 34
Article 35
Article 36
Article 37
Article 38
The Secretary General of the International Civil Aviation Organization shall give notice to all signatory and adhering States and to all States members of the Organization or of the United Nations -
(a) of the deposit of any instrument of ratification or adherence and the date thereof, within 30 days from the date of the deposit, and
(b) of the receipt of any denunciation or of any declaration or notification made under Article 36 or 37 and the date thereof, within 30 days from the date of the receipt.
The Secretary General of the Organization shall also notify these States of the date on which the Convention comes into force in accordance with paragraph 1 of Article 33.
Article 39
No reservations may be made to this Convention.
In witness whereof the undersigned Plenipotentiaries, having been duly authorised, have signed this Convention.
Done at Rome on the seventh day of the month of October of the year One Thousand Nine Hundred and Fifty Two in the English, French and Spanish languages, each text being of equal authenticity.
This Convention shall be deposited with the International Civil Aviation Organization where, in accordance with Article 31, it shall remain open for signature, and the Secretary General of the Organization shall send certified copies thereof to all signatory and adhering States and to all States members of the Organization or the United Nations.
[Here follow the signatures on behalf of the Governments of Argentina, Belgium, Brazil, Denmark, Dominican Republic, Egypt, Spain, France, Israel, Italy, Liberia, Luxembourg, Mexico, Netherlands, Portugal, Philippines, Switzerland, and Thailand.] 1955, c. 15, Sch.
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