[Congressional Record Volume 144, Number 112 (Monday, August 31, 1998)]
[Senate]
[Page S9689]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     EXECUTIVE REPORT OF COMMITTEE

  The following executive report of committees was submitted on August 
25, 1998:

       By Mr. HELMS, from the Committee on Foreign Relations:
       Treaty Doc. 95-2(B) (formerly Ex. B., 95-1) (Exec. Rept. 
     105-20).

   Text of the Committee-Recommended Resolution of Advice and Consent

       Resolved, (two-thirds of the Senators present concurring 
     therein), That the Senate advise and consent to the 
     ratification of the Montreal Protocol No. 4 to Amend the 
     Convention for the Unification of Certain Rules Relating to 
     International Carriage by Air, signed at Warsaw on October 
     12, 1929, as amended by the Protocol done at The Hague on 
     September 8, 1955 (hereinafter Montreal Protocol No. 4) 
     ((Treaty Doc. 95-2B) Executive B, 95th Congress, 1st 
     Session), subject to the declaration of subsection (a), and 
     the provisos of subsection (b).
     (a) Declaration.--The Senate's advice and consent is subject 
     to the following declaration:
     (1) Treaty interpretation.--The Senate affirms the 
     applicability to all treaties of the constitutionally based 
     principles of treaty interpretation set forth in Condition 
     (1) of the resolution of ratification of the INF Treaty, 
     approved by the Senate on May 27, 1988, and Condition (8) of 
     the resolution of ratification of the Document Agreed Among 
     the States Parties to the Treaty on Conventional Armed Forces 
     in Europe, approved by the Senate on May 14, 1997.
     (b) Provisos.--The resolution of ratification is subject to 
     the following provisos:
     (1) Surpemacy of the constitution.--Nothing in the Treaty 
     requires or authorizes legislation or other action by the 
     United States of America that is prohibited by the 
     Constitution of the United States as interpreted by the 
     United States.
     (2) Return of protocol no. 3 to the president.--Upon 
     submission of this resolution of ratification to the 
     President of the United States, the Secretary of the Senate 
     is directed to return to the President of the United States 
     the Additional Protocol No. 3 to Amend the Convention for the 
     Unification of Certain Rules relating to International 
     Carriage by Air, signed at Warsaw on October 12, 1929, as 
     amended by the Protocols done at The Hague, on September 28, 
     1955, and at Guatemala City, March 8, 1971 ((Treaty Doc. 95-
     2A) Executive B, 95th Congress).

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