Hague Protocol

The Hague Protocol, officially the Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, is a treaty signed on September 28, 1955, in The Hague. It serves to amend the Warsaw Convention. While officially the Hague Protocol is intended to become a single entity with the Warsaw Convention,[1] it has only been ratified by 137 of the original 152 parties to the Warsaw Convention.[2] The binding version of the treaty is written in French, but certified versions also exist in English and Spanish. The official depository of the treaty is the Government of Poland.[3]

Hague Protocol
Signed28 September 1955
LocationThe Hague
Effective1 August 1963
Parties137
DepositaryGovernment of Poland
LanguagesFrench, English, Spanish

The Warsaw Convention
Main article: Warsaw Convention

The Warsaw Convention was established to create a legal basis for commercial aviation, both cargo and passenger. Specifically, it allowed for the basis of liability to be assigned to air-carriers in the event of an accident.[4]

Purpose

There were multiple reasons as to why the Hague Protocol was added as a provision to the Warsaw Convention. Firstly, as the original Convention was written in 1929 and with the advance of technology and law the original treaty had to be updated.[5] Secondly, and perhaps more importantly, the Hague Protocol limited the liability that commercial airliners would have to take on in the event of an accident.[6]

References
  1. "Second Circuit holds that, when South Korea adhered to Hague Protocol but not to Original Warsaw Convention while United States joined only Original Convention, there was no subsisting treaty between them under which federal suit over loss of air cargo could arise". International Law Update. June 2000.
  2. "Contracting Parties to the Convention for the Unification of Certain Rules Relating to International Carriage by Air" (PDF). International Civil Aviation Organization. Retrieved 3 April 2015.
  3. "Commonwealth Consolidated Acts". Australasian Legal Information Institute. Retrieved 3 April 2015.
  4. "The Warsaw System on air carriers liability". The Postal History of ICAO. International Civil Aviation Organization. Retrieved 3 April 2015.
  5. Bush, George (July 31, 2002). "Proposing the Acceptance of the Hague Protocol". Letter to US Senate.
  6. "Hague Protocol". Business Dictionary. WebFinance, Inc. Missing or empty |url= (help)
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