    [Public Papers of the Presidents of the United States: George W. Bush (2002, Book II)]
    [July 31, 2002]
    [Pages 1327-1328]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the Senate Transmitting the Protocol To Amend the
    International Air Carriage Rules Convention
    July 31, 2002

    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

    [[Page 1328]]

    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.