Convention for the Unification of Certain Rules Relating to International Carriage by Air

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Argentina

08-08-2013

I have the honour to address the Director in light of the Government of the Republic of Poland's status as Depositary of the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929 and of the Protocol modifying the Warsaw Convention of 1929 signed at The Hague on 28 September 1955, with reference to the ratification of these two instruments by the United Kingdom of Great Britain and Northern Ireland for the Malvinas Islands and their dependencies (the South Georgias and South Sandwich Islands) and for the so-called "British Antarctic Territory".
The Argentine Government recalls that the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas are an integral part of the Argentine Republic's national territory and that, being unlawfully occupied by the United Kingdom of Great Britain and Northern Ireland, are the subject of a sovereignty dispute between the two countries, which is recognised by the United Nations and other international organisations.
With regard to this question, the General Assembly of the United Nations adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, in which it recognises the existence of the sovereignty dispute referred to as "the Question of the Malvinas Islands" and urges the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume negotiations in order to find a peaceful and lasting solution to the dispute as soon as possible. For its part, the UN Special Committee on Decolonisation has repeatedly urged them to do the same, most recently in its resolution adopted on 20 June 2013. Furthermore, on 6 June 2013, the General Assembly of the Organization of American States adopted a new resolution on this question in similar terms.
The Argentine Republic accordingly rejects the claim of the United Kingdom of Great Britain and Northern Ireland to be able to apply the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929 and the Protocol modifying the said Convention signed at The Hague on 28 September 1955 to the Malvinas Islands and their dependencies (the South Georgias and South Sandwich Islands) and to the so-called "British Antarctic Territory".
The Argentine Government reaffirms its legitimate sovereign rights over the Malvinas, South Georgias and South Sandwich Islands and the surrounding maritime areas.
The Argentine Government declares that no interpretation or application of the provisions of the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929 and the Protocol modifying the said Convention signed at The Hague on 28 September 1955 may affect the sovereign rights of the Argentine Republic over the Argentine Antarctic Sector, recalling in this connection the terms of article IV of the Antarctic Treaty signed in Washington on 1 December 1959.
The Argentine Government requests the Director to kindly notify the High Contracting Parties to the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929 and to the Protocol modifying the said Convention signed at The Hague on 28 September 1955 of the present declaration.

Canada

10-06-1947

Article 2, paragraph l, of the present Convention shall not apply to international air transport effected directly by Canada.

Chile

02-03-1979

The document of adherence of Chile contains the reservation provided for in the Additional Protocol to Article 2 of the Warsaw Convention of 1929.

Cuba

21-07-1964

Article 2, paragraph 1, of the Convention shall not apply to international air transport effected directly by Cuba.

Ethiopia

14-08-1950

Article 2, paragraph 1, of the Convention shall not apply to international air transport effected directly by Ethiopia.

Philippines

09-11-1950

Article 2, paragraph 1, of the Convention shall not apply to international air transport effected directly by Philippines.

Republic of the Congo

19-01-1962

The Government of the Congo (Brazzaville) wishes to state that, in application of the Additional Protocol (Article 2) and of Article XXVI of The Hague Protocol, it will not apply these texts
- to international air transport effected directly by the State,
- to the carriage of persons, cargo and baggage for its military authorities on aircraft registered in the Congo, the whole capacity of which has been reserved by or on behalf of such authorities.

United Kingdom

28-11-2013

Circular Note No. 2/2013: [...] The Embassy of the United Kingdom of Great Britain and Northern Ireland [...] has the honor to refer to Circular Note No. 1/2013. In response to the quoted communication of the Ministry of Foreign Affairs and Worship of the Argentine Republic, the United Kingdom of Great Britain and Northern Ireland has no doubt about its sovereignty over the Falkland Islands, and South Georgia & the South Sandwich Islands, and the surrounding maritime areas of both Territories. The United Kingdom also has no doubt about its sovereignty over the British Antarctic Territory and in this context draws attention to Article IV of the Antarctic Treaty. As such the United Kingdom is entitled to act as the State Party responsible for the international relations of those territories with regard to the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929 and the Protocol modifying the said Convention signed at The Hague on 28 September 1955.
The United Kingdom attaches great importance to the principle of self-determination as set out in Article 1.2 of the Charter of the United Nations which underpins all UN Resolutions and Article 1 of the International Convenant on Civil and Political Rights. That principle underlines our position on the Falkland Islands. There can be no negotiations on the sovereignty of the Falkland Islands unless and until such time as the Islanders so wish. In March this year the Falkland Islanders categorically made their wishes known to the international community when 99.8% of the 92% of the electorate which voted, decided in a referendum to maintain their current political relationship with the United Kingdom. Argentina and the international community should repect those wishes.

United States of America

31-07-1934

Article 2, paragraph 1, of the present Convention shall not apply to international air transport which may be effected by the United States of America or any territory or possession under its jurisdiction.