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THE GOVERNMENTS UNDERSIGNED
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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 as
amended by the Protocol done at The Hague on 28 September
1955,
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HAVE AGREED as follows:
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The Convention which the provisions of the present Chapter
modify is the Warsaw Convention as amended at The Hague in
1955.
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In Article 2 of the Convention, paragraph 2 shall be deleted
and replaced by the following:
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``2. In the carriage of postal items the carrier shall be liable
only to the relevant postal administration in accordance with the
rules applicable to the relationship between the carriers and the
postal administrations.
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3. Except as provided in paragraph 2 of this Article, the
provisions of this Convention shall not apply to the carriage of
postal items.''
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In Chapter II of the Convention, Section III (Articles 5 to 16)
shall be deleted and replaced by the following:
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``Section III.-Documentation relating to cargo
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1. In respect of the carriage of cargo an air waybill shall be
delivered.
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2. Any other means which would preserve a record of the
carriage to be performed may, with the consent of the consignor,
be substituted for the delivery of an air waybill. If such other
means are used, the carrier shall, if so requested by the consignor,
deliver to the consignor a receipt for the cargo permitting
identification of the consignment and access to the information
contained in the record preserved by such other means.
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3. The impossibility of using, at points of transit and
destination, the other means which would preserve the record of
the carriage referred to in paragraph 2 of this Article does not
entitle the carrier to refuse to accept the cargo for carriage.
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1. The air waybill shall be made out by the consignor in three
original parts.
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2. The first part shall be marked ``for the carrier''; it 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.
The third part shall be signed by the carrier and handed by him
to the consignor after the cargo has been accepted.
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3. The signature of the carrier and that of the consignor may
be printed or stamped.
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4. 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.
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When there is more than one package:
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(a) the carrier of cargo has the right to require the consignor to
make out separate air waybills;
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(b) the consignor has the right to require the carrier to deliver
separate receipts when the other means referred to in
paragraph 2 of Article 5 are used.
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The air waybill and the receipt for the cargo shall contain:
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(a) an indication of the places of departure and destination;
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(b) if the places of departure and destination are within the
territory of a single High Contracting Party, one or more
agreed stopping places being within the territory of another
State, an indication of at least one such stopping place; and
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(c) an indication of the weight of the consignment.
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Non-compliance with the provisions of Articles 5 to 8 shall
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 including those relating to limitation of liability.
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1. The consignor is responsible for the correctness of the
particulars and statements relating to the cargo inserted by him or
on his behalf in the air waybill or furnished by him or on his
behalf to the carrier for insertion in the receipt for the cargo or for
insertion in the record preserved by the other means referred to
in paragraph 2 of Article 5.
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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 or on his behalf.
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3. Subject to the provisions of paragraphs 1 and 2 of this
Article, the carrier shall indemnify the consignor against all
damage suffered by him, or by any other person to whom the
consignor is liable, by reason of the irregularity, incorrectness or
incompleteness of the particulars and statements inserted by the
carrier or on his behalf in the receipt for the cargo or in the record
preserved by the other means referred to in paragraph 2 of Article
5.
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1. The air waybill or the receipt for the cargo is prima facie
evidence of the conclusion of the contract, of the acceptance of
the cargo and of the conditions of carriage mentioned therein.
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2. Any statements in the air waybill or the receipt for the cargo
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.
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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 airport 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 originally designated, or by requiring it to be
returned to the airport 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.
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2. If it is impossible to carry out the orders of the consignor the
carrier must so inform him forthwith.
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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 or the receipt for the cargo 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 or the receipt for the cargo.
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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 cargo, or if
he cannot be communicated with, the consignor resumes his
right of disposition.
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1. Except when the consignor has exercised his right under
Article 12, the consignee is entitled, on arrival of the cargo at the
place of destination, to require the carrier to deliver the cargo to
him, on payment of the charges due and on complying with the
conditions of carriage.
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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.
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3. If the carrier admits the loss of the cargo, or if the cargo has
not arrived at the expiration of seven days after the date on which
it ought to have arrived, the consignee is entitled to enforce
against the carrier the rights which flow from the contract of
carriage.
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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 of carriage.
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1. Articles 12, 13 and 14 do not affect either the relations of the
consignor and the consignee with each other or the mutual
relations of third parties whose rights are derived either from the
consignor or from the consignee.
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2. The provisions of Articles 12, 13 and 14 can only be varied
by express provision in the air waybill or the receipt for the cargo.
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1. The consignor must furnish such information and 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, his servants or agents.
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2. The carrier is under no obligation to enquire into the
correctness or sufficiency of such information or documents.''
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Article 18 of the Convention shall be deleted and replaced by
the following:
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``Article 18
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1. The carrier is liable for damage sustained in the event of the
destruction or loss of, or damage to, any registered baggage, if the
occurrence which caused the damage so sustained took place
during the carriage by air.
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2. The carrier is liable for damage sustained in the event of the
destruction or loss of, or damage to, cargo upon condition only
that the occurrence which caused the damage so sustained took
place during the carriage by air.
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3. However, the carrier is not liable if he proves that the
destruction, loss of, or damage to, the cargo resulted solely from
one or more of the following:
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(a) inherent defect, quality or vice of that cargo;
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(b) defective packing of that cargo performed by a person
other than the carrier or his servants or agents;
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(c) an act of war or an armed conflict;
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(d) an act of public authority carried out in connexion with the
entry, exit or transit of the cargo.
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4. The carriage by air within the meaning of the preceding
paragraphs of this Article comprises the period during which the
baggage or cargo is in the charge of the carrier, whether in an
airport or on board an aircraft, or, in the case of a landing outside
an airport, in any place whatsoever.
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5. The period of the carriage by air does not extend to any
carriage by land, by sea or by river performed outside an airport.
If, however, such 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.''
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Article 20 of the Convention shall be deleted and replaced by
the following:
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``Article 20
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In the carriage of passengers and baggage, and in the case of
damage occasioned by delay in the carriage of cargo, the carrier
shall not be liable if he proves that he and his servants and agents
have taken all necessary measures to avoid the damage or that it
was impossible for them to take such measures.''
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Article 21 of the Convention shall be deleted and replaced by
the following:
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``Article 21
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1. In the carriage of passengers and baggage, if the carrier
proves that the damage was caused by or contributed to by the
negligence of the person suffering the damage the Court may, in
accordance with the provisions of its own law, exonerate the
carrier wholly or partly from his liability.
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2. In the carriage of cargo, if the carrier proves that the damage
was caused by or contributed to by the negligence or other
wrongful act or omission of the person claiming compensation,
or the person from whom he derives his rights, the carrier shall
be wholly or partly exonerated from his liability to the claimant
to the extent that such negligence or wrongful act or omission
caused or contributed to the damage.''
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In Article 22 of the Convention,
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(a) in paragraph 2(a) the words ``and of cargo'' shall be
deleted;
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(b) after paragraph 2(a) the following paragraph shall be
inserted:
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``(b) In the carriage of cargo, the liability of the carrier is
limited to a sum of 17 Special Drawing Rights per
kilogramme, unless the 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 the sum is greater than
the consignor's actual interest in delivery at destination.''
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(c) paragraph 2(b) shall be designated as paragraph 2(c);
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(d) after paragraph 5 the following paragraph shall be inserted:
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``6. The sums mentioned in terms of the Special Drawing
Right in this Article shall be deemed to refer to the Special
Drawing Right as defined by the International Monetary
Fund. Conversion of the sums into national currencies shall,
in case of judicial proceedings, be made according to the value
of such currencies in terms of the Special Drawing Right at the
date of the judgment. The value of a national currency, in
terms of the Special Drawing Right, of a High Contracting
Party which is a Member of the International Monetary Fund,
shall be calculated in accordance with the method of valuation
applied by the International Monetary Fund, in effect at the
date of the judgment, for its operations and transactions. The
value of a national currency, in terms of the Special Drawing
Right, of a High Contracting Party which is not a Member of
the International Monetary Fund, shall be calculated in a
manner determined by that High Contracting Party.
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Nevertheless, those States which are not Members of the
International Monetary Fund and whose law does not permit
the application of the provisions of paragraph 2(b) of Article
22 may, at the time of ratification or accession or at any time
thereafter, declare that the limit of liability of the carrier in
judicial proceedings in their territories is fixed at a sum of two
hundred and fifty monetary units per kilogramme. This
monetary unit corresponds to sixty-five and a half
milligrammes of gold of millesimal fineness nine hundred.
This sum may be converted into the national currency
concerned in round figures. The conversion of this sum into
the national currency shall be made according to the law of the
State concerned.''
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Article 24 of the Convention shall be deleted and replaced by
the following:
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``Article 24
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1. In the carriage of passengers and baggage, any action for
damages, however founded, can only be brought subject to the
conditions and limits set out in this Convention, without
prejudice to the question as to who are the persons who have the
right to bring suit and what are their respective rights.
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2. In the carriage of cargo, any action for damages, however
founded, whether under this Convention or in contract or in tort
or otherwise, can only be brought subject to the conditions and
limits of liability set out in this Convention without prejudice to
the question as to who are the persons who have the right to bring
suit and what are their respective rights. Such limits of liability
constitute maximum limits and may not be exceeded whatever
the circumstances which gave rise to the liability.''
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Article 25 of the Convention shall be deleted and replaced by
the following:
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``Article 25
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In the carriage of passengers and baggage, 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.''
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In Article 25A of the Convention, paragraph 3 shall be deleted
and replaced by the following:
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``3. In the carriage of passengers and baggage, 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.''
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After Article 30 of the Convention, the following Article shall
be inserted:
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``Article 30A
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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.''
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Article 33 of the Convention shall be deleted and replaced by
the following:
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``Article 33
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Except as provided in paragraph 3 of Article 5, nothing 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.''
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Article 34 of the Convention shall be deleted and replaced by
the following:
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``Article 34
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The provisions of Articles 3 to 8 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.''
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The Warsaw Convention as amended at The Hague in 1955
and 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 two Parties to this Protocol or within the
territory of a single Party to this Protocol with an agreed stopping
place in the territory of another State.
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As between the Parties to this Protocol, the Warsaw
Convention as amended at The Hague in 1955 and this Protocol
shall be read and interpreted together as one single instrument
and shall be known as the Warsaw Convention as amended at The
Hague, 1955, and by Protocol No. 4 of Montreal, 1975.
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Until the date on which this Protocol comes into force in
accordance with the provisions of Article XVIII, it shall remain
open for signature by any State.
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1. This Protocol shall be subject to ratification by the signatory
States.
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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 by Protocol
No. 4 of Montreal, 1975.
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3. The instruments of ratification shall be deposited with the
Government of the Polish People's Republic.
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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.
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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.
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1. This Protocol, after it has come into force, shall be open for
accession by any non-signatory State.
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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 Protocol No. 4 of Montreal,
1975.
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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.
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1. Any Party to this Protocol may denounce the Protocol by
notification addressed to the Government of the Polish People's
Republic.
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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.
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3. As between the Parties to this Protocol, denunciation by any
of them of the Warsaw Convention in accordance with Article 39
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 Protocol No. 4 of Montreal, 1975.
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1. Only the following reservations may be made to this
Protocol:
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(a) a 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, and by
Protocol No. 4 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
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(b) any State may declare at the time of ratification of or
accession to the Additional Protocol No. 3 of Montreal, 1975,
or at any time thereafter, that it is not bound by the provisions
of the Warsaw Convention as amended at The Hague, 1955,
and by Protocol No. 4 of Montreal, 1975, in so far as they
relate to the carriage of passengers and baggage. Such
declaration shall have effect ninety days after the date of
receipt of the declaration by the Government of the Polish
People's Republic.
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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.
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The Government of the Polish People's Republic shall
promptly inform all States Parties to the Warsaw Convention or
to that Convention as amended, all signatory or acceding States
to the present Protocol, as well as the International Civil Aviation
Organization, of the date of each signature, the date of deposit of
each instrument of ratification or accession, the date of coming
into force of this Protocol, and other relevant information.
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As between the Parties to this Protocol which are also Parties
to the Convention, Supplementary to the Warsaw Convention,
for the Unification of Certain Rules Relating to International
Carriage by Air Performed by a Person Other than the
Contracting Carrier, signed at Guadalajara on 18 September
1961 (hereinafter referred to as the ``Guadalajara Convention'')
any reference to the ``Warsaw Convention'' contained in the
Guadalajara Convention shall include reference to the Warsaw
Convention as amended at The Hague, 1955, and by Protocol
No. 4 of Montreal, 1975, in cases where the carriage under the
agreement referred to in Article 1, paragraph (b) of the
Guadalajara Convention is governed by this Protocol.
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If two or more States are Parties both to this Protocol and to
the Guatemala City Protocol, 1971, or to the Additional Protocol
No. 3 of Montreal, 1975, the following rules shall apply between
them:
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(a) the provisions resulting from the system established by this
Protocol, concerning cargo and postal items, shall prevail over
the provisions resulting from the system established by the
Guatemala City Protocol, 1971, or by the Additional Protocol
No. 3 of Montreal, 1975;
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(b) the provisions resulting from the system established by the
Guatemala City Protocol, 1971, or by the Additional Protocol
No. 3 of Montreal, 1975, concerning passengers and baggage,
shall prevail over the provisions resulting from the system
established by this Protocol.
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This Protocol shall remain open for signature until 1 January
1976 at the Headquarters of the International Civil Aviation
Organization and thereafter until it comes into force in
accordance with Article XVIII at the Ministry for Foreign Affairs
of the Polish People's Republic. The International Civil Aviation
Organization shall promptly inform the Government of the
Polish People's Republic of any signature and the date thereof
during the time that the Protocol shall be open for signature at the
Headquarters of the International Civil Aviation Organization.
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IN WITNESS WHEREOF the undersigned Plenipotentiaries,
having been duly authorized, have signed this Protocol.
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DONE AT MONTREAL on the twenty-fifth day of
September of the year One Thousand Nine Hundred and
Seventy-five in four authentic texts in the English, French,
Russian and Spanish languages. In the case of any inconsistency,
the text in the French language, in which language the Warsaw
Convention of 12 October 1929 was drawn up, shall prevail.
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THE STATES SIGNATORY TO THE PRESENT
CONVENTION
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NOTING that the Warsaw Convention does not contain
particular rules relating to international carriage by air performed
by a person who is not a party to the agreement for carriage
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CONSIDERING that it is therefore desirable to formulate
rules to apply in such circumstances
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HAVE AGREED AS FOLLOWS:
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In this Convention:
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(a) ``Warsaw Convention'' means the Convention for the
Unification of Certain Rules Relating to International
Carriage by Air signed at Warsaw on 12 October 1929, or the
Warsaw Convention as amended at The Hague, 1955,
according to whether the carriage under the agreement
referred to in paragraph (b) is governed by the one or by the
other;
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(b) ``contracting carrier'' means a person who as a principal
makes an agreement for carriage governed by the Warsaw
Convention with a passenger or consignor or with a person
acting on behalf of the passenger or consignor;
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(c) ``actual carrier'' means a person, other than the contracting
carrier, who, by virtue of authority from the contracting
carrier, performs the whole or part of the carriage
contemplated in paragraph (b) but who is not with respect to
such part a successive carrier within the meaning of the
Warsaw Convention. Such authority is presumed in the
absence of proof to the contrary.
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If an actual carrier performs the whole or part of carriage
which, according to the agreement referred to in Article I,
paragraph (b), is governed by the Warsaw Convention, both the
contracting carrier and the actual carrier shall, except as
otherwise provided in this Convention, be subject to the rules of
the Warsaw Convention, the former for the whole of the carriage
contemplated in the agreement, the latter solely for the carriage
which he performs.
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1. The acts and omissions of the actual carrier and of his
servants and agents acting within the scope of their employment
shall, in relation to the carriage performed by the actual carrier,
be deemed to be also those of the contracting carrier.
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2. The acts and omissions of the contracting carrier and of his
servants and agents acting within the scope of their employment
shall, in relation to the carriage performed by the actual carrier,
be deemed to be also those of the actual carrier. Nevertheless, no
such act or omission shall subject the actual carrier to liability
exceeding the limits specified in Article 22 of the Warsaw
Convention. Any special agreement under which the contracting
carrier assumes obligations not imposed by the Warsaw
Convention or any waiver of rights conferred by that Convention
or any special declaration of interest in delivery at destination
contemplated in Article 22 of the said Convention, shall not
affect the actual carrier unless agreed to by him.
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Any complaint to be made or order to be given under the
Warsaw Convention to the carrier shall have the same effect
whether addressed to the contracting carrier or to the actual
carrier. Nevertheless, orders referred to in Article 12 of the
Warsaw Convention shall only be effective if addressed to the
contracting carrier.
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In relation to the carriage performed by the actual carrier, any
servant or agent of that carrier or of the contracting carrier shall,
if he proves that he acted within the scope of his employment, be
entitled to avail himself of the limits of liability which are
applicable under this Convention to the carrier whose servant or
agent he is unless it is proved that he acted in a manner which,
under the Warsaw Convention, prevents the limits of liability
from being invoked.
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In relation to the carriage performed by the actual carrier, the
aggregate of the amounts recoverable from that carrier and the
contracting carrier, and from their servants and agents acting
within the scope of their employment, shall not exceed the
highest amount which could be awarded against either the
contracting carrier or the actual carrier under this Convention,
but none of the persons mentioned shall be liable for a sum in
excess of the limit applicable to him.
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In relation to the carriage performed by the actual carrier, an
action for damages may be brought, at the option of the plaintiff,
against that carrier or the contracting carrier, or against both
together or separately. If the action is brought against only one of
those carriers, that carrier shall have the right to require the other
carrier to be joined in the proceedings, the procedure and effects
being governed by the law of the court seised of the case.
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Any action for damages contemplated in Article VII of this
Convention must be brought, at the option of the plaintiff, either
before a court in which an action may be brought against the
contracting carrier, as provided in Article 28 of the Warsaw
Convention, or before the court having jurisdiction at the place
where the actual carrier is ordinarily resident or has his principal
place of business.
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1. Any contractual provision tending to relieve the contracting
carrier or the actual carrier of liability under this Convention or
to fix a lower limit than that which is applicable according to this
Convention shall be null and void, but the nullity of any such
provision does not involve the nullity of the whole agreement,
which shall remain subject to the provisions of this Convention.
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2. In respect of the carriage performed by the actual carrier, the
preceding paragraph shall not apply to contractual provisions
governing loss or damage resulting from the inherent defect,
quality or vice of the cargo carried.
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3. Any clause contained in an agreement for carriage 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 in one of the jurisdictions referred to in Article VIII.
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Except as provided in Article VII, nothing in this Convention
shall affect the rights and obligations of the two carriers between
themselves.
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Until the date on which the Convention comes into force in
accordance with the provisions of Article XIII, it shall remain
open for signature on behalf of any State which at that date is a
Member of the United Nations or of any of the Specialized
Agencies.
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1. This Convention shall be subject to ratification by the
signatory States.
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2. The instruments of ratification shall be deposited with the
Government of the United States of Mexico.
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1. As soon as five of the signatory States have deposited their
instruments of ratification of this Convention, it shall come into
force between them on the ninetieth day after the date of the
deposit of the fifth 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.
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2. As soon as this Convention comes into force, it shall be
registered with the United Nations and the International Civil
Aviation Organization by the Government of the United States
of Mexico.
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1. This Convention shall, after it has come into force, be open
for accession by any State Member of the United Nations or of
any of the Specialized Agencies.
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2. The accession of a State shall be effected by the deposit of
an instrument of accession with the Government of the United
States of Mexico and shall take effect as from the ninetieth day
after the date of such deposit.
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1. Any Contracting State may denounce this Convention by
notification addressed to the Government of the United States of
Mexico.
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2. Denunciation shall take effect six months after the date of
receipt by the Government of the United States of Mexico of the
notification of denunciation.
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1. Any Contracting State may at the time of its ratification of
or accession to this Convention or at any time thereafter declare
by notification to the Government of the United States of Mexico
that the Convention shall extend to any of the territories for
whose international relations it is responsible.
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2. The Convention shall, ninety days after the date of the
receipt of such notification by the Government of the United
States of Mexico, extend to the territories named therein.
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3. Any Contracting State may denounce this Convention, in
accordance with the provisions of Article XV, separately for any
or all of the territories for the international relations of which such
State is responsible.
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No reservation may be made to this Convention.
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The Government of the United States of Mexico shall give
notice to the International Civil Aviation Organization and to all
States Members of the United Nations or of any of the
Specialized Agencies:
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(a) of any signature of this Convention and the date thereof;
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(b) of the deposit of any instrument of ratification or accession
and the date thereof;
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(c) of the date on which this Convention comes into force in
accordance with Article XIII, paragraph 1;
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(d) of the receipt of any notification of denunciation and the
date thereof;
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(e) of the receipt of any declaration or notification made under
Article XVI and the date thereof.
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IN WITNESS WHEREOF the undersigned Plenipotentiaries,
having been duly authorized, have signed this Convention.
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DONE at Guadalajara on the eighteenth day of September
One Thousand Nine Hundred and Sixty-one in three authentic
texts drawn up in the English, French and Spanish languages. In
case of any inconsistency, the text in the French language, in
which language the Warsaw Convention of 12 October 1929 was
drawn up, shall prevail. The Government of the United States of
Mexico will establish an official translation of the text of the
Convention in the Russian language.
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This Convention shall be deposited with the Government of
the United States of Mexico with which, in accordance with
Article XI, it shall remain open for signature, and that
Government shall send certified copies thereof to the
International Civil Aviation Organization and to all States
Members of the United Nations or of any Specialized Agency.
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