[Weekly Compilation of Presidential Documents Volume 38, Number 31 (Monday, August 5, 2002)]
[Pages 1290-1291]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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

[[Page 1291]]

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 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.