Guatemala Protocol 1971 (Page-3)

Article XX

i

1.                         This Protocol shall enter into force on the ninetieth day after the deposit of the
thirtieth instrument of ratification on the condition, however, that the total international
schedule air traffic, expressed in passenger-kilometers, according to the statistics for the
year 1970 published by the International Civil Aviation Organization, of the airlines of
five States which have ratified this Protocol, represents at least 40 per cent of the total
international scheduled air traffic of the airlines of die member States of the International
Civil Aviation Organization in  that year. If, at the time of deposit of the thirtieth
instrument of ratification,, this condition has not been fulfilled, the Protocol shall not
come into force until the ninetieth day after this condition shall have been satisfied. This
Protocol shall come into force for each State ratifying after the deposit of the last
instrument of ratification necessary for entry into force of this Protocol on Hie ninetieth
day after the deposit of its instrument of ratification.

2.            As soon as this Protocol comes into force it shall be registered with the United
Nations by the International Civil Aviation Organization.

Article XXI

1.            After die entry into force of this Protocol it shall be open for accession by any State
referred to in Article X Vin.

2.            Accession to Ms Protocol by any State which is not a Party to die Warsaw
Convention or by any State which is not a Party to die Warsaw Convention as amended at
The Hague,  1955, shall have die effect of accession  to die Warsaw Convention as
amended at The Hague. 1955, and at Guatemala City, 1971.

3.            Accession shall be effected by die deposit of an instrument of accession with die
International Civil Aviation Organization and shall take effect on the ninetieth day after
die deposit.

Article XXII

1.            Any party to this Protocol may denounce die Protocol by notification addressed to
die International Civil Aviation Organization.

2.            Denunciation shall take effect six months after the date of receipt by die Interna­
tional Civil Aviation Organization of the notification of denunciation.

3.            As between die Parties to dns Protocol, denunciation by any of them of die 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 at Guatemala City, 1971.

Article XXIII

. 1.        Only die following reservations may be made to diis Protocol:

(a)                     a State whose courts are not authorized under its law to award the costs of die
action including lawyers' fees may at any time by a notification addressed to
die International Civil Aviation Organization declare dial Article 22. paragraph
3 (a) shall not apply to its courts; and

(b)                     a State may at any time declare by a notification addressed to die International
Civil Aviation Organization that the Warsaw Convention as amended at The
Hague. 1955. and at Guatemala City, 1971 shall not apply to die 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.

2. Any State having made a reservation in accordance with the preceding paragraph may at any time withdraw such reservation by notification to the International Civil Aviation Organization.

Article XXIV

The International Civil Aviation Organization shall promptly inform all signatory or acceding States of the date of each signature, the date of deposit of each instrument or ratification or accession, the date of entry into force of this Protocol, and other relevant information.

Article XXV

As between the Parties to this Protocol which are also Parties to the Convention. Supplementary to the Warsaw Convention, for die Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier, signed at Guadalajara on 18th 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 at Guatemala City, 1971, in cases where the carriage under the agreement referred to in Article 1, paragraph (b) of the Guadalajara Convention is governed by this Protocol.

¹       Treaty Series No 23 (1964) (Cmnd 2354).

Article XXVI

This Protocol shall remain open, until 30 September 1971, for signature by any State referred to in Article XVHI, at the Ministry of External Relations of the Republic of Guatemala and thereafter, until it enters into force in accordance with Article XX, at the International Civil Aviation Organization. The Government of the Republic of Guatemala shall promptly inform the International Civil Aviation Organization of any signature and the date thereof during the time that the Protocol shall be open for signature in Guatemala.

in witness WHEREOF the undersigned Plenipotentiaries, having been duly authorized, have signed this Protocol.

done at Guatemala City on the eighth clay of the month of March of the year One Thousand Nine Hundred and Seventy-one in three authentic texts in the English, French and Spanish languages. The International Civil Aviation Organization shall establish an authentic text of this Protocol in the Russian language. In the case of any inconsistency, the text in the French language, in which language the Warsaw Convention of 12th October 1929 was drawn up. shall prevail.

[The following States signed the Protocol on 8th March 1971:

Belgium

_     .,

Brazil

Canada

„,.      _      ...     ,..,.

China, Republic of*

Colombia

Costa Rica Denmark         •'

T7          ,

Ecuador

France

Germany, Federal Republic of

Guatemala

Israel

Italy

Jamaica

-NT-Nicaragua

El Salvador

Switzerland

Trinidad and Tobago

United Kingdom of Great Britain and Northern Ireland

United State of America

Venezuela]

* Since the Government of the United Kingdom do not recognize the Nationalist Chinese authorities as the competent Government of China they cannot regard signature of the protocol by a Nationalist Chinese representative as a valid signature on behalf of China.