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 
Article 1 
Article 2 
Chapter II - Documents of Carriage 
Section I - Passenger Ticket 
Article 3
Section II - Luggage Ticket 
Article 4
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
Chapter III - Liability of the Carrier 
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
Chapter IV - Provisions Relating to Combined Carriage 
Article 31
Chapter V - General and Final Provisions 
Article 32 
Article 33 
Article 34 
Article 35 
Article 36 
Article 37 
Article 38 
Article 39 
Article 40 
Article 40A
Article 41
Additional Protocol

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
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Article 1
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 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. 
 

Article 2
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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
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Section I - Passenger Ticket
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Article 3
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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.

Section II - Luggage Ticket
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Article 4
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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
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Article 5
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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.  
 

Article 6
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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.  
 

Article 7
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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.  
 

Article 8
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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.  
 

Article 9
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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.
 

Article 10
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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.  

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.
 

Article 11
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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.  

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.  
 

Article 12
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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.  

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.  
 

Article 13
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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.  

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.  
 

Article 14
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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.  
 

Article 15
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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.  

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.  
 
 

Article 16
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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.  

 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
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Article 17
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 The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking. 
 

Article 18
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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.  
             
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.
 

Article 19
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 The carrier is liable for damage occasioned by delay in the carriage by air of passengers, luggage or goods. 
 

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.
 

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. 

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.  
 

Article 22
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 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.
 

Article 23
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 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.
 

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.  
             
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
 

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.
 

Article 25 A.
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 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
 

Article 26
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 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. 
 

Article 27
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 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
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 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. 
 

Article 29
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 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. 
 

Article 30
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 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. 
 

Article 30 A
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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.
 

Chapter IV - Provisions Relating to Combined Carriage
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Article 31
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 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
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Article 32
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 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
 

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.
 

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.
 

Article 35
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 The expression "days" when used in this Convention means current days not working days. 
 

Article 36
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 The Convention is drawn up in French in a single copy which shall remain deposited in the archives of the Ministry for Foreign Affairs of Poland and of which one duly certified copy shall be sent by the Polish Government to the Government of each of the High Contracting Parties. 
 

Article 37
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 1 . This Convention shall be ratified. The instruments of ratification shall be deposited in the archives of the Ministry for Foreign Affairs of Poland, which will notify the deposit to the Government of each of the High Contracting Parties. 

2 . As soon as this Convention shall have been ratified by five of the High Contracting Parties it shall come into force as between them on the ninetieth day after the deposit of the fifth ratification. Thereafter it shall come into force between the High Contracting Parties who shall have ratified and the High Contracting Party who deposits his instrument of ratification on the ninetieth day after the deposit. 

3 . It shall be the duty of the Government of the Republic of Poland to notify to the Government of each of the High Contracting Parties the date on which this Convention comes into force as well as the date of the deposit of each ratification. 
 

Article 38
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 1 . This Convention shall, after it has come into force, remain open for accession by any State. 

2 . The accession shall be effected by a notification addressed to the Government of the Republic of Poland, which will inform the Government of each of the High Contracting Parties thereof. 

3 . The accession shall take effect as from the ninetieth day after the notification made to the Government of the Republic of Poland. 
 

Article 39
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 1 . Any one of the High Contracting Parties may denounce this Convention by a notification addressed to the Government of the Republic of Poland, which will at once inform the Government of each of the High Contracting Parties. 

2 . Denunciation shall take effect six months after the notification of denunciation, and shall operate only as regards the Party who shall have proceeded to denunciation. 
 

Article 40
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 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. 
 

Article 40 A
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 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
 

Article 41
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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. 


 
(testo a cura di Enzo Fogliani

 (pagina aggiornata il 30.1.2009)
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