§ 40105. — International negotiations, agreements, and obligations.
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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC40105]
TITLE 49--TRANSPORTATION
SUBTITLE VII--AVIATION PROGRAMS
PART A--AIR COMMERCE AND SAFETY
subpart i--general
CHAPTER 401--GENERAL PROVISIONS
Sec. 40105. International negotiations, agreements, and
obligations
(a) Advice and Consultation.--The Secretary of State shall advise
the Administrator of the Federal Aviation Administration and the
Secretaries of Transportation and Commerce, and consult with them as
appropriate, about negotiations for an agreement with a government of a
foreign country to establish or develop air navigation, including air
routes and services. The Secretary of Transportation shall consult with
the Secretary of State in carrying out this part to the extent this part
is related to foreign air transportation.
(b) Actions of Secretary and Administrator.--(1) In carrying out
this part, the Secretary of Transportation and the Administrator--
(A) shall act consistently with obligations of the United States
Government under an international agreement;
(B) shall consider applicable laws and requirements of a foreign
country; and
(C) may not limit compliance by an air carrier with obligations
or liabilities imposed by the government of a foreign country when
the Secretary takes any action related to a certificate of public
convenience and necessity issued under chapter 411 of this title.
(2) This subsection does not apply to an agreement between an air
carrier or an officer or representative of an air carrier and the
government of a foreign country, if the Secretary of Transportation
disapproves the agreement because it is not in the public interest.
Section 40106(b)(2) of this title applies to this subsection.
(c) Consultation on International Air Transportation Policy.--In
carrying out section 40101(e) of this title, the Secretaries of State
and Transportation, to the maximum extent practicable, shall consult on
broad policy goals and individual negotiations with--
(1) the Secretaries of Commerce and Defense;
(2) airport operators;
(3) scheduled air carriers;
(4) charter air carriers;
(5) airline labor;
(6) consumer interest groups;
(7) travel agents and tour organizers; and
(8) other groups, institutions, and governmental authorities
affected by international aviation policy.
(d) Congressional Observers at International Aviation
Negotiations.--The President shall grant to at least one representative
of each House of Congress the privilege of attending international
aviation negotiations as an observer if the privilege is requested in
advance in writing.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1102.)
Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40105(a).............................. 49 App.:1462. Aug. 23, 1958, Pub. L. 85-726, Sec.
802, 72 Stat. 783.
49 App.:1551(b)(1)(B). Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
731, Sec. 1601(b)(1)(B); added Oct.
24, 1978, Pub. L. 95-504, Sec. 40(a),
92 Stat. 1745.
49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89-670, Sec.
6(c)(1), 80 Stat. 938; Jan. 12, 1983,
Pub. L. 97-449, Sec. 7(b), 96 Stat
2444.
40105(b).............................. 49 App.:1502(a). Aug. 23, 1958, Pub. L. 85-726, Sec.
1102(a), 72 Stat. 797; Feb. 15, 1980,
Pub. L. 96-192, Sec. 17, 94 Stat. 42.
49 App.:1551(b)(1)(E). Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
731, Sec. 1601(b) (1)(E); added Oct.
4, 1984, Pub. L. 98-443, Sec. 3(e),
98 Stat. 1704.
49 App.:1655(c)(1).
40105(c).............................. 49 App.:1502(c). Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
731, Sec. 1102(c), (d); added Feb.
15, 1980, Pub. L. 96-192, Sec. 17, 94
Stat. 43.
49 App.:1551(b)(1)(E).
40105(d).............................. 49 App.:1502(d).
----------------------------------------------------------------------------------------------------------------
In subsection (a), the words ``government of a foreign country'' are
substituted for ``foreign governments'' in 49 App.:1462 and ``foreign
country'' in 49 App.:1502(a) for consistency in the revised title and
with other titles of the United States Code. The words ``Secretary of
Transportation'' are substituted for ``Department of Transportation'' in
49 App.:1551(b)(1)(B) because of 49:102(b). The words ``Secretary of
State'' are substituted for ``Department of State'' because of 22:2651.
In subsection (b)(1), before clause (A), the words ``carrying out''
are substituted for ``exercising and performing . . . powers and
duties'' for consistency in the revised title and with other titles of
the Code. In clause (A), the words ``an international agreement'' are
substituted for ``any treaty, convention, or agreement that may be in
force between the United States and any foreign country or foreign
countries'' for consistency and to eliminate unnecessary words. In
clause (C), the word ``public'' is added for consistency in this part.
In subsection (b)(2), the words ``obligation, duty, or liability
arising out of a contract or other'' and ``heretofore or hereafter'' are
omitted as surplus. The words ``government of a foreign country'' are
substituted for ``foreign country'' for consistency in the revised title
and with other titles of the Code. The last sentence is inserted to
inform the reader that section 40106(b)(2) of the revised title
qualifies this subsection.
In subsection (c), before clause (1), the words ``To assist'' are
omitted as surplus. The words ``carrying out'' are substituted for
``developing and implementing'' for consistency in the revised title and
with other titles of the Code. The word ``both'' is omitted as surplus.
In clause (8), the word ``authorities'' is substituted for ``agencies''
for consistency in the revised title and with other titles of the Code.
Reciprocal Airworthiness Certification
Pub. L. 108-176, title VIII, Sec. 812, Dec. 12, 2003, 117 Stat.
2590, provided that:
``(a) In General.--As part of their bilateral negotiations with
foreign nations and their civil aviation counterparts, the Secretary of
State and the Administrator of the Federal Aviation Administration shall
facilitate the reciprocal airworthiness certification of aviation
products.
``(b) Reciprocal Airworthiness Defined.--In this section, the term
`reciprocal airworthiness certification of aviation products' means that
the regulatory authorities of each nation perform a similar review in
certifying or validating the certification of aircraft and aircraft
components of other nations.''
Report on Certain Bilateral Negotiations
Pub. L. 103-305, title V, Sec. 519, Aug. 23, 1994, 108 Stat. 1600,
provided that: ``The Secretary shall report every other month to the
Committee on Public Works and Transportation [now Committee on
Transportation and Infrastructure] of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
the status of all active aviation bilateral and multilateral
negotiations and informal government-to-government consultations with
United States aviation trade partners.''
Warsaw Convention
49 Stat. 3000; TS 876
CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO
INTERNATIONAL TRANSPORTATION BY AIR
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 Nationalist Government 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
Mexican States, 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 Rumania, His Majesty the King of Sweden, the Swiss Federal
Council, the President of the Czechoslovak Republic, the Central
Executive Committee of the Union of 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 transportation by air in respect of the
documents used for such transportation 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 shall apply to all international transportation
of persons, baggage, or goods performed by aircraft for hire. It shall
apply equally to gratuitous transportation by aircraft performed by an
air transportation enterprise.
(2) For the purpose of this convention the expression
``international transportation'' shall mean any transportation in which,
according to the contract made by the parties, the place of departure
and the place of destination, whether or not there be a break in the
transportation or a transshipment, are situated either within the
territories of two 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. Transportation without such an agreed stopping place
between territories subject to the sovereignty, suzerainty, mandate, or
authority of the same High Contracting Party shall not be deemed to be
international for the purposes of this convention.
(3) Transportation to be performed by several successive air
carriers shall be deemed, for the purposes of this convention, to be one
undivided transportation, if it has been regarded by the parties as a
single operation, whether it has been agreed upon under the form of a
single contract or of a series of contracts, and it shall not lose its
international character merely because one contract or 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.
Article 2
(1) This convention shall apply to transportation performed by the
state or by legal entities constituted under public law provided it
falls within the conditions laid down in article 1.
(2) This convention shall not apply to transportation performed
under the terms of any international postal convention.
Chapter II--Transportation Documents
section i--passenger ticket
Article 3
(1) For the transportation 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 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 transportation of its international character;
(d) The name and address of the carrier or carriers;
(e) A statement that the transportation is subject to the rules
relating to liability established by this convention.
(2) The absence, irregularity, or loss of the passenger ticket shall
not affect the existence or the validity of the contract of
transportation, 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 ii--baggage check
Article 4
(1) For the transportation 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 transportation is subject to the rules
relating to liability established by this convention.
(4) The absence, irregularity, or loss of the baggage check shall
not affect the existence or the validity of the contract of
transportation 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 iii--air waybill
Article 5
(1) Every carrier of goods 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 shall not
affect the existence or the validity of the contract of transportation
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 three
original parts and be handed over with the goods.
(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 goods. The third part shall be signed by the carrier
and handed by him to the consignor after the goods have been accepted.
(3) The carrier shall sign on acceptance of the goods.
(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 goods has the right to require the consignor to make
out separate waybills when there is more than 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 transportation 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 goods;
(h) The number of packages, the method of packing, and the
particular marks or numbers upon them;
(i) The weight, the quantity, the volume, or dimensions of the
goods;
(j) The apparent condition of the goods 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 goods are sent for payment on delivery, the price of the
goods, 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 transportation and a
brief note of the route to be followed, of these matters have been
agreed upon;
(q) A statement that the transportation is subject to the rules
relating to liability established by this convention.
Article 9
If the carrier accepts goods 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 shall be responsible for the correctness of the
particulars and statements relating to the goods which he inserts in the
air waybill.
(2) The consignor shall be liable for all damages 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 shall be prima facie evidence of the conclusion
of the contract, of the receipt of the goods and of the conditions of
transportation.
(2) The statements in the air waybill relating to the weight,
dimensions, and packing of the goods, as well as those relating to the
number of packages, shall be prima facie evidence of the facts stated;
those relating to the quantity, volume, and condition of the goods shall
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 goods.
Article 12
(1) Subject to his liability to carry out all his obligations under
the contract of transportation, the consignor shall have the right to
dispose of the goods by withdrawing them at the airport of departure or
destination, or by stopping them in the course of the journey on any
landing, or by calling for them 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 them 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.
(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 goods 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 shall cease at the moment
when that of the consignee begins in accordance with article 13, below.
Nevertheless, if the consignee declines to accept the waybill or the
goods, or if he cannot be communicated with, the consignor shall resume
his right of disposition.
Article 13
(1) Except in the circumstances set out in the preceding article,
the consignee shall be entitled, on arrival of the goods at the place of
destination, to require the carrier to hand over to him the air waybill
and to deliver the goods to him, on payment of the charges due and on
complying with the conditions of transportation set out in the air
waybill.
(2) Unless it is otherwise agreed, it shall be the duty of the
carrier to give notice to the consignee as soon as the goods arrive.
(3) If the carrier admits the loss of the goods, or if the goods
have not arrived at the expiration of seven days after the date on which
they ought to have arrived, the consignee shall be entitled to put into
force against the carrier the rights which flow from the contract of
transportation.
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 shall not affect either the relations of
the consignor and the consignee with each other or the 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.
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 goods can be delivered to the
consignee. The consignor shall be 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 shall be 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 shall be liable for damage sustained in the event of
the destruction or loss of, or of damage to, any checked baggage or any
goods, if the occurrence which caused the damage so sustained took place
during the transportation by air.
(2) The transportation by air within the meaning of the preceding
paragraph shall comprise the period during which the baggage or goods
are in 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.
(3) The period of the transportation by air shall not extend to any
transportation by land, by sea, or by river performed outside an
airport. If, however, such transportation takes place in the performance
of a contract for transportation by air, for the purpose of loading,
delivery or transshipment, any damage is presumed, subject to proof to
the contrary, to have been the result of an event which took place
during the transportation by air.
Article 19
The carrier shall be liable for damage occasioned by delay in the
transportation by air of passengers, baggage, or goods.
Article 20
(1) The carrier shall not be 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 transportation of goods and baggage the carrier shall not
be liable if he proves that the damage was occasioned by an error in
piloting, 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 transportation of passengers the liability of the carrier
for each passenger shall be limited to the sum of 125,000 francs. Where,
in accordance with the law of the court to which the case is submitted,
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 transportation of checked baggage and of goods, the
liability of the carrier shall be 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 shall be limited to 5,000 francs per
passenger.
(4) The sums mentioned above shall be deemed to refer to the French
franc consisting of 65\1/2\ milligrams of gold at the standard of
fineness of nine hundred thousandths. 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 shall not involve
the nullity of the whole contract, which shall remain subject to the
provisions of this convention.
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 shall also apply, without prejudice to the questions
as to who are the 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 willful misconduct or by such default on his
part as, in accordance with the law of the court to which the case is
submitted, 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 under the same
circumstances by any agent of the carrier acting within the scope of his
employment.
Article 26
(1) Receipt by the person entitled to the delivery of baggage or
goods without complaint shall be prima facie evidence that the same have
been delivered in good condition and in accordance with the document of
transportation.
(2) In 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 goods. In case of
delay the complaint must be made at the latest within 14 days from the
date on which the baggage or goods have been placed at his disposal.
(3) Every complaint must be made in writing upon the document of
transportation or by separate notice in writing dispatched within the
times aforesaid.
(4) Failing complaint within 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 of the domicile of the carrier or of his
principal place of business, or where he has a place of business through
which the contract has been made, or before the court at the place of
destination.
(2) Questions of procedure shall be governed by the law of the court
to which the case in submitted.
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 transportation stopped.
(2) The method of calculating the period of limitation shall be
determined by the law of the court to which the case is submitted.
Article 30
(1) In the case of transportation 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 goods shall be subject to the rules set out in this
convention, and shall be deemed to be one of the contracting parties to
the contract of transportation insofar as the contract deals with that
part of the transportation which is performed under his supervision.
(2) In the case of transportation of this nature, the passenger or
his representative can take action only against the carrier who
performed the transportation 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 goods, the passenger or consignor shall
have a right of action against the first carrier, and the passenger or
consignee who is entitled to delivery shall have a right of action
against the last carrier, and further, each may take action against the
carrier who performed the transportation during which the destruction,
loss, damage, or delay took place. These carriers shall be jointly and
severally liable to the passenger or to the consignor or consignee.
Chapter IV--Provisions Relating to Combined Transportation
Article 31
(1) In the case of combined transportation performed partly by air
and partly by any other mode of transportation, the provisions of this
convention shall apply only to the transportation by air, provided that
the transportation by air falls within the terms of article 1.
(2) Nothing in this convention shall prevent the parties in the case
of combined transportation from inserting in the document of air
transportation conditions relating to other modes of transportation,
provided that the provisions of this convention are observed as regards
the transportation 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 transportation of goods arbitration
clauses shall be 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 transportation or
from making regulations which do not conflict with the provisions of
this convention.
Article 34
This convention shall not apply to international transportation by
air performed by way of experimental trial by air navigation enterprises
with the view to the establishment of regular lines of air navigation,
nor shall it apply to transportation 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
This 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 shall give notice of 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 nineteenth day after the deposit of the fifth ratification.
Thereafter it shall come into force between the High Contracting Parties
which shall have ratified and the High Contracting Party which deposits
its 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 the Government of each of the High Contracting Parties of 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 adherence by any state.
(2) The adherence shall be effected by a notification addressed to
the Government of the Republic of Poland, which shall inform the
Government of each of the High Contracting Parties thereof.
(3) The adherence 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 shall 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 which 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 adherence, declare that the acceptance
which it gives to this convention does not apply to all or any of its
colonies, protectorates, territories under mandate, or any other
territory subject to its sovereignty or its authority, or any other
territory under its suzerainty.
(2) Accordingly any High Contracting Party may subsequently adhere
separately in the name of all or any of its colonies, protectorates,
territories under mandate, or any other territory subject to its
sovereignty or to its authority or any other territory under its
suzerainty which have been thus excluded by its original declaration.
(3) Any High Contracting Party may denounce this convention, in
accordance with its provisions, separately or for all or any of its
colonies, protectorates, territories under mandate, or any other
territory subject to its sovereignty or to its authority, or any other
territory under its suzerainty.
Article 41
Any High Contracting Party shall be entitled not earlier than two
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 it 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 October 12, 1929, shall remain
open for signature until January 31, 1930.
Order of Civil Aeronautics Board Approving Increases in Liability
Limitations of Warsaw Convention and Hague Protocol
Adopted by the Civil Aeronautics Board at its office in Washington,
D.C., on the 13th day of May 1966.
The Convention for the Unification of Certain Rules Relating to
International Transportation by Air, generally known as the Warsaw
Convention, creates a uniform body of law with respect to the rights and
responsibilities of passengers, shippers, and air carriers in
international air transportation. The United States became a party to
the Convention in 1934, and eventually over 90 countries likewise became
parties to the Convention.\1\ On November 15, 1965, the U.S. Government
gave notice of denunciation of the Convention, emphasizing that such
action was solely because of the Convention's low limits of liability
for personal injury or death to passengers. Pursuant to Article 39 of
the Convention this notice would become effective upon 6 months' notice,
in this case, May 15, 1966. Subsequently, the International Air
Transport Association (IATA) made efforts to effect an arrangement among
air carriers, foreign air carriers, and other carriers (including
carriers not members of IATA) providing the major portions of
international air carriage to and from the United States to increase the
limitations of liability now applicable to claims for personal injury
and death under the Convention and the Protocol. The purpose of such
action is to provide a basis upon which the United States could
withdrawn its notice of denunciation.
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\1\ The Convention was amended by the Protocol signed at Hague in
1955 which has never been ratified by the United States. The Convention
(subject to certain provisions) limits carriers' liability for death or
injury to passengers in international transportation to 125,000 gold
francs, or approximately $8,300. The Protocol, subject to certain
provisions, provides for liability limitations of approximately $16,600.
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The arrangement proposed has been embodied in an agreement
(Agreement CAB 18900) between various air carriers, foreign air
carriers, and other carriers which has been filed with the Board
pursuant to section 412(a) of the Federal Aviation Act of 1958 and Part
261 of the Board's economic regulations and assigned the abovedesignated
CAB number.
By this agreement, the parties thereto bind themselves to include in
their tariffs, effective May 16, 1966, a special contract in accordance
with Article 22(1) of the Convention or the Protocol providing for a
limit of liability for each passenger for death, wounding, or other
bodily injury of $75,000 inclusive of legal fees, and, in case of a
claim brought in a State where provision is made for separate award of
legal fees and costs, a limit of $58,000 exclusive of legal fees and
costs. These limitations shall be applicable to international
transportation by the carrier as defined in the Convention or Protocol
which includes a point in the United States as a point of origin, point
of destination, or agreed stopping place. The parties further agree to
provide in their tariffs that the Carrier shall not, with respect to any
claim arising out of the death, wounding, or other bodily injury of a
passenger, avail itself of any defense under Article 20(1) of the
Convention or the Convention as amended by the Protocol. The tariff
provisions would stipulate, however, that nothing therein shall be
deemed to affect the rights and liabilities of the Carrier with regard
to any claim brought by, on behalf of, or in respect of any person who
has willfully caused damage which results in death, wounding, or other
bodily injury of a passenger.
The carriers by the agreement further stipulate that they will, at
time of delivery of the tickets, furnish to each passenger governed by
the Convention or the Protocol and by the special contract described
above, a notice in 10 point type advising international passengers of
the limitations of liability established by the Convention or the
Protocol, or the higher liability agreed to by the special contracts
pursuant to the Convention or Protocol as described above. The agreement
is to become effective upon arrival by this Board, and any carrier may
become a party to it by signing a counterpart thereof and depositing it
with the Board. Withdrawal from the agreement may be effected by giving
12 months' written notice to the Board and the other Carrier parties
thereto.
As indicated, the decision of the U.S. Government to serve notice to
denounce the Convention was predicated upon the low liability limits
therein for personal injury and death. The Government announced,
however, that it would be prepared to withdraw the Notice of
Denunciation if, prior to its effective date, there is a reasonable
prospect for international agreement on limits of liability for
international transportation in the area of $100,000 per passenger or on
uniform rules without any limit of liability, and if pending such
international agreement there is a provisional arrangement among the
principal international air carriers providing for liability up to
$75,000 per passenger.
Steps, have been taken by the signing carriers to have tariffs
become effective May 16, 1966, upon approval of this agreement, which
will increase by special contract their liability for personal injury or
death as described herein. The signatory carriers provide by far the
greater portion of international transportation to, from, and within the
United States. The agreement will result in a salutory increase in the
protection given to passengers from the increased liability amounts and
the waiver of defenses under Article 20(1) of the Convention or
Protocol. The U.S. Government has concluded that such arrangements
warrant withdrawal of the Notice of Denunciation of the Warsaw
Convention. Implementation of the agreement will permit continued
adherence to the Convention with the benefits to be derived therefrom,
but without the imposition of the low liability limits therein contained
upon most international travel involving travel to or from the United
States. The stipulation that no tariff provision shall be deemed to
affect the rights and liabilities of the carrier with regard to any
claim brought by, on behalf of, or in respect of any person who has
willfully caused damage which results in death, wounding or other bodily
injury of a passenger operates to diminish any incentive for sabotage.
Upon consideration of the agreement, and of matters relating thereto
of which the Board takes notice, the Board does not find that the
agreement is adverse to the public interest or in violation of the Act
and it will be approved.
Accordingly, pursuant to the provisions of the Federal Aviation Act
of 1958, and particularly sections 102, 204(a), and 412 thereof:
It is ordered, That: 1. Agreement CAB 18900 is approved.
Section Referred to in Other Sections
This section is referred to in sections 40106, 41705, 44907, 46101,
46301, 46316 of this title.