[Congressional Record Volume 148, Number 107 (Wednesday, July 31, 2002)]
[Senate]
[Page S7766]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        REMOVAL OF INJUNCTION OF SECRECY--TREATY DOCUMENT 107-14

  Mr. REID. Mr. President, still as in executive session, I ask 
unanimous consent that the injunction of secrecy be removed from the 
following protocol transmitted to the Senate on July 31, 2002, by the 
President of the United States:
  Protocol to Amend Convention for Unification of Certain Rules 
Relating to International Carriage by Air (Treaty Document No. 107-14).
  I further ask that the protocol be considered as having been read the 
first time; that it be referred, with accompanying papers, to the 
Committee on Foreign Relations and ordered to be printed; and that the 
President's message be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The message of the President is as follows:
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 this 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 an consent to 
ratification.
                                                      George W. Bush.  
The White House, July 31, 2002.

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