For Immediate Release
Office of the Press Secretary
July 31, 2002
Message to the Senate of the United States
I transmit herewith, for Senate advice and consent to ratification,
the Protocol to Amend the Convention for the Unification of Certain
Rules Relating to International Carriage by Air Signed at Warsaw on
October 12, 1929, done at The Hague September 28, 1955 (The Hague
Protocol). The report of the Department of State, including an
article-by-article analysis, is enclosed for the information of the
Senate in connection with its consideration of The Hague Protocol.
The Warsaw Convention is the first in a series of treaties relating
to international carriage by air. The Hague Protocol amended certain
of the Warsaw Convention articles, including several affecting the
rights of carriers of international air cargo. A recent court decision
held that since the United States had ratified the Warsaw Convention
but had not ratified The Hague Protocol, and the Republic of Korea had
ratified The Hague Protocol but had not ratified the Warsaw Convention,
there were no relevant treaty relations between the United States and
Korea. This decision has created uncertainty within the air
transportation industry regarding the scope of treaty relations
between the United States and the 78 countries that are parties only to
the Warsaw Convention and The Hague Protocol. Thus, U.S. carriers may
not be able to rely on the provisions in the Protocol with respect to
claims arising from the transportation of air cargo between the United
States and those 78 countries. In addition to quickly affording U.S.
carriers the protections of those provisions, ratification of the
Protocol would establish relations with Korea and the five additional
countries (El Salvador, Grenada, Lithuania, Monaco, and Swaziland) that
are parties only to The Hague Protocol and to no other treaty on the
subject.
A new Convention for the Unification of Certain Rules for
International Carriage by Air, done at Montreal May 28, 1999 (the
"Montreal Convention") is pending on the Senate's Executive calendar
(Treaty Doc. 106-45). I urge the Senate to give its advice and
consent to that Convention, which will ultimately establish modern,
uniform liability rules applicable to international air transport of
passengers, cargo, and mail among its parties. But the incremental
pace of achieving widespread adoption of the Montreal Convention should
not be allowed to delay the benefits that ratification of The Hague
Protocol would afford U.S. carriers of cargo to and from the 84
countries with which it would promptly enter into force.
I recommend that the Senate give early and favorable consideration
to The Hague Protocol and that the Senate give its advice and consent
to ratification.
GEORGE W. BUSH
THE WHITE HOUSE,
July 31, 2002.
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