Legislazione
trasporto
aereo internazionale
Convenzione
per l'unificazione
di alcune regole relative al trasporto aereo internazionale, firmata a
Varsavia il 12 ottobre 1929, nel testo modificato dal protocollo
dell'Aja
del 28 settembre 1955 e dal protocollo di Montreal n. 4 del 25
settembre
1975.
(testo
consolidato; in corsivo
le parti modificate dal Protocollo di Montreal n. 4).
(N.B: Convenzione non più in vigore in Italia, in quanto sostituita dalla Convenzione per l'unificazione di alcune regole relative al trasporto aereo internazionale, firmata a Montreal il 28 maggio 1999)
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
signed at Le Hague on 28 September 1955 and by the fourth Protocol
signed
at Montreal on 25 September 1975.
Chapter I - Scope - Definitions Chapter II - Documents of Carriage
Section I - Passenger Ticket Section II - Luggage Ticket Section III - Air Consignment Note
-
Article
5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
-
Article
17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 25A
Article 26
Article 27
Article 28
Article 29
Article 30
Article 30A
-
Article
32
Article 33
Article 34
Article 35
Article 36
Article 37
Article 38
Article 39
Article 40
Article 40A
Article 41
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 signed
at Le Hague on 28 September 1955 and by the fourth Protocol signed at
Montreal
on 25 September 1975.
Chapter I - Scope -
Definitions
1 . This Convention applies to all international carriage of persons, luggage or goods 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 two 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 two 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
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.
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 . 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.
3. Except as provided in paragraph 2 of
this Article, the
provisions of this Convention shall not apply to the carriage of postal
items.
Chapter II -
Documents of Carriage
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, one or more agreed
stopping places
being within the territory of another State, an indication of at least
one 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.
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.
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, one or more agreed
stopping places
being within the territory of another State, an indication of at least
one 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.
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.
Section III - Documentation
relating to cargo
1 . In respect of the carriage of cargo an air waybill shall be delivered.
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.
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.
1 . The air waybill shall be made out by the consignor in three original parts.
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.
3 . The signature of the carrier and that of the consignor may be printed or stamped.
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.
When there is more than one
package:
(a) the carrier of cargo has the right to require the
consignor
to make out separate air
waybills;
(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.
The air waybill and the receipt for the cargo 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, one or more agreed
stopping places
being within the territory of another State, an indication of at least
one such stopping place; and
(c) an indication of the weight of the
consignment.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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 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.
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.
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.
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.
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.
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
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.
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.
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.
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:
(a) inherent defect, quality or vice of that
cargo;
(b) defective packing of that cargo performed by a person
other
than the carrier or his servants or agents;
(c) an act of war or an armed conflict;
(d) an act of public authority carried out in connexion with
the
entry, exit or transit of the cargo.
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.
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.
The carrier is liable for damage occasioned by
delay in the carriage
by air of passengers, luggage or goods.
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.
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.
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.
1. In the carriage of persons the liability of the carrier for each passenger is limited to the sum of 1.500.000 francs (100.000 Special Drawing Rights). Where, in accordance with the law of the court seised of the case, damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed 1.500.000 francs (100.000 Special Drawing Rights). 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, the liability of the carrier
is limited to a sum of 15.000 francs (1.000 Special Drawing Rights)
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 carriage of cargo, the liability of the carrier is
limited
to a sum of 250 francs (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.
(c) 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 limit of liability.
3. As regards objects of which the passenger takes charge himself the liability of the carrier is limited to 5.000 francs (332 Special Drawing Rights) 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 six 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 sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. 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 the judgment.
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. 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.
1. 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.
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.
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.
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
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.
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. 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
1 . Receipt by the person entitled to delivery of luggage or goods without complaint is prima facie evidence that the same have 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 seven days from the date of receipt in the case of baggage and fourteen 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 twenty-one days from the date on which the baggage or cargo have 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 within the times
aforesaid, no action shall
lie against the carrier, save in the case of fraud on his
part.
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.
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 the place of destination.
2 . Questions of procedure shall be
governed by the law of the
Court seised of the case.
1 . The right to damages shall be extinguished if an action is not brought within two 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 seised of the case.
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, luggage or goods 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 luggage or goods, 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.
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 IV -
Provisions Relating to Combined Carriage
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
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 goods 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.
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.
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.
The expression "days" when used in this Convention
means current
days not working days.
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.
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.
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.
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.
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.
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
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 he will communicate with the Government of the French Republic which will take the necessary measures to make preparations for such Conference.
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