Статус Конвенции о борьбе с незаконными актами, направленными против безопасности гражданской авиации (Монреаль, 23 сентября 1971 года) [рус., англ.]

[неофициальный перевод]

СТАТУС КОНВЕНЦИИ О БОРЬБЕ С НЕЗАКОННЫМИ АКТАМИ, НАПРАВЛЕННЫМИ ПРОТИВ БЕЗОПАСНОСТИ ГРАЖДАНСКОЙ АВИАЦИИ (МОНРЕАЛЬ, 23 СЕНТЯБРЯ 1971 ГОДА)

(по состоянию на 11 марта 2025 года)

Вступление в силу: 26.01.1973

CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION Signed at Montreal on 23 September 1971

Entry into force: 26.01.1973.

Status: 190 Parties.

This list is based on information received from the depositaries, the Governments of the Russian Federation, the United Kingdom and the United States.

Notes

<1> Reservation made with respect to paragraph 1 of Article 14 of the Convention.

<2> Reservation: «The People's Democratic Republic of Algeria does not consider itself bound by the provisions of articles 24.1, 12.1 and 14.1 respectively of the Tokyo, The Hague and Montreal Conventions, which provide for the mandatory referral of any dispute to the International Court of Justice. The People's Democratic Republic of Algeria states that in each case the prior consent of all the parties concerned shall be required in order to refer a dispute to the International Court of Justice.»

<3> Notification of succession by the Government of Bosnia and Herzegovina to the Convention was deposited with the Government of the United States on 15 August 1994, with effect from 6 March 1992.

<4> On 9 May 1994, a Note was deposited with the Government of the United Kingdom by the Government of Bulgaria whereby that Government withdraws the reservation made at the time of ratification with regard to paragraph 1 of Article 14 of the Convention. The withdrawal of the reservation took effect on 9 May 1994.

<5> «In accordance with the provisions of the Convention of 23 September 1971, for the Suppression of Unlawful Acts directed against the Security of Civil Aviation, the Government of the United Republic of Cameroon declares that in view of the fact that it does not have any relations with South Africa and Portugal, it has no obligation toward these two countries with regard to the implementation of the stipulations of the Convention.»

<6> The instrument of accession by the Government of the People's Republic of China contains the following declaration: «The Chinese Government declares illegal and null and void the signature and ratification of the above-mentioned Convention by the Taiwan authorities in the name of China».

<7> An instrument of succession by the Government of Croatia to the Convention was deposited with the Government of the United States on 8 June 1993, with effect from 8 October 1991.

<8> An instrument of succession by the Government of Czechia to the Convention was deposited with the Government of the Russian Federation on 14 November 1994, with effect from 1 January 1993.

<9> Until later decision, the Convention will not be applied to the Faroe Islands or to Greenland.

Note 1: A notification was received by the Government of the United Kingdom from the Government of the Kingdom of Denmark whereby the latter withdraws, with effect from 1 June 1980, the reservation made at the time of ratification that this Convention should not apply to Greenland.

Note 2: The Government of the United Kingdom subsequently received, on 21 September 1994, a notification from the Government of the Kingdom of Denmark whereby the latter withdraws, with effect from 1 October 1994, the reservation made at the time of ratification that this Convention should not apply to the Faroe Islands.

<10> The German Democratic Republic, which ratified the Convention on 9 June 1972, acceded to the Federal Republic of Germany on 3 October 1990.

<11> On 10 January 1990, instruments were deposited with the Government of the United Kingdom and the Government of the United States by the Government of Hungary whereby that Government withdraws the reservation made at the time of ratification with regard to paragraph 1 of Article 14 of the Convention. The withdrawal of the reservation took effect on 10 January 1990.

<12> It is understood that accession to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal, 1971, does not mean in any way recognition of Israel by the State of Kuwait. Furthermore, no treaty relation will arise between the State of Kuwait and Israel.

<13> «In case of a dispute, all recourse must be made to the International Court of Justice on the basis of the unanimous consent of the parties concerned».

<14> The Convention cannot enter into force for the Netherlands Antilles until thirty days after the date on which the Government of the Kingdom of the Netherlands shall have notified the depositary Governments that the necessary measures to give effect to the provisions of the Convention have been taken in the Netherlands Antilles.

Note 1: On 11 June 1974, a declaration was deposited with the Government of the United States by the Government of the Kingdom of the Netherlands stating that in the interim the measures required to implement the provisions of the Convention have been taken in the Netherlands Antilles and, consequently, the Convention will enter into force for the Netherlands Antilles on the thirtieth day after the date of deposit of this declaration.

Note 2: By a Note dated 9 January 1986 the Government of the Kingdom of the Netherlands informed the Government of the United States that as of 1 January 1986 the Convention is applicable to the Netherlands Antilles (without Aruba) and to Aruba.

<15> Accession to the said Convention by the Government of the Sultanate of Oman does not mean or imply, and shall not be interpreted as recognition of Israel generally or in the context of this Convention.

<16> The accession by the Government of the Republic of Korea to the present Convention does not in any way mean or imply the recognition of any territory or regime which has not been recognized by the Government of the Republic of Korea as a State or Government.

<17> Approval by Saudi Arabia does not mean and could not be interpreted as recognition of Israel generally or in the context of this Convention.

<18> An instrument of succession by the Government of Slovakia to the Convention was deposited with the Government of the United States on 6 March 1995, with effect from 1 January 1993.

<19> An instrument of succession by the Government of Slovenia to the Convention was deposited with the Government of the United Kingdom on 27 May 1992.

<20> An instrument of succession by the Government of Solomon Islands to the Convention was deposited with the Government of the United Kingdom on 13 April 1982. Solomon Islands attained independence on 7 July 1978.

<21> Notification of succession to the Convention was deposited with the Government of the United States on 27 October 1978, by virtue of the extension of the Convention to Suriname by the Kingdom of the Netherlands prior to independence. The Republic of Suriname attained independence on 25 November 1975.

<22> An instrument of succession by the Government of the former Yugoslav Republic of Macedonia to the Convention was deposited with the Government of the United States on 4 January 1995.

<23> «In accepting the said Convention, the Government of the United Arab Emirates takes the view that its acceptance of the said Convention does not in any way imply its recognition of Israel, nor does it oblige to apply the provisions of the Convention in respect of the said Country.»

<24> The Convention is ratified «in respect of the United Kingdom of Great Britain and Northern Ireland and Territories under territorial sovereignty of the United Kingdom as well as the British Solomon Islands Protectorate».

Note: By a Note dated 20 November 1990, the Government of the United Kingdom declared that Anguilla has been included under the ratification of the Convention by that Government with effect from 7 November 1990.

<25> The instrument of ratification by the Government of Venezuela contains the following reservation regarding Articles 4, 7 and 8 of the Convention:

«Venezuela will take into consideration clearly political motives and the circumstances under which offences described in Article 1 of this Convention are committed, in refusing to extradite or prosecute an offender, unless financial extortion or injury to the crew, passengers, or other persons has occurred».

The Government of the United Kingdom of Great Britain and Northern Ireland made the following declaration in a Note dated 6 August 1985 to the Department of State of the Government of the United States:

«The Government of the United Kingdom of Great Britain and Northern Ireland do not regard as valid the reservation made by the Government of the Republic of Venezuela insofar as it purports to limit the obligation under Article 7 of the Convention to submit the case against an offender to the competent authorities of the State for the purpose of prosecution».

With reference to the above declaration by the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of Venezuela, in a Note dated 21 November 1985, informed the Department of State of the Government of the United States of the following:

«The reserve made by the Government of Venezuela to Articles 4, 7 and 8 of the Convention is based on the fact that the principle of asylum is contemplated in Article 116 of the Constitution of the Republic of Venezuela. Article 116 reads: „The Republic grants asylum to any person subject to persecution or which finds itself in danger, for political reasons, within the conditions and requirements established by the laws and norms of international law.“»

It is for this reason that the Government of Venezuela considers that in order to protect this right, which would be diminished by the application without limits of the said articles, it was necessary to request the formulation of the declaration contemplated in Art. 2 of the Law approving the Convention for the Suppression of Unlawful Acts Against the Security (sic) of Civil Aviation».

The Government of Italy made the following declaration in a Note dated 21 November 1985 to the Department of State of the Government of the United States:

«The Government of Italy does not consider as valid the reservation formulated by the Government of the Republic of Venezuela due to the fact that it may be considered as aiming to limit the obligation under Article 7 of the Convention to submit the case against an offender to the competent authorities of the State for the purpose of prosecution».

<26> By a Note dated 9 August 1999, the Government of the United Kingdom notified the International Civil Aviation Organization of the wish of the Government of Portugal to extend the Convention to the Territory of Macao, the extension taking effect on 19 July 1999.

<27> By a Note dated 27 October 1999, the Government of Portugal advised the Government of the United Kingdom as follows:

«In accordance with the Joint Declaration of the Government of the Portuguese Republic and the Government of the People's Republic of China on the Question of Macao signed on 13 April 1987, the Portuguese Republic will continue to have international responsibility for Macao until 19 December 1999 and from that date onwards the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999.»

From 20 December 1999 onwards the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention to Macao.»

<28> By a Note dated 17 July 2001, deposited on 23 July 2001 with the Government of the United Kingdom, the Government of the Federal Republic of Yugoslavia declared itself bound, as a successor State to the Socialist Federal Republic of Yugoslavia, by the provisions of, inter alia, this Convention, with effect from 27 April 1992, the date of State succession. (The former Socialist Federal Republic of Yugoslavia had signed the Convention on 23 September 1971 and ratified it on 2 October 1972.)

On 4 February 2003, the name of the State of the Federal Republic of Yugoslavia was changed to Serbia and Montenegro.

As of 3 June 2006, Serbia became the continuation State of «Serbia and Montenegro».

<29> On 23 June 1997, Poland deposited with the Government of the United States a notification of withdrawal of the reservation made in accordance with Article 14, paragraph 1 (see note 1).

<30> By a Note dated 29 November 1999, the Government of the People's Republic of China informed the Government of the United States as follows:

«The Convention... to which the Government of the People's Republic of China deposited an instrument of accession on 10 September 1980, will apply to the Macao Special Administrative Region with effect from 20 December 1999. The Government of the People's Republic of China also wishes to make the following declaration:»

The reservation made by the Government of the People's Republic of China to paragraph 1 of Article 14 of the Convention will also apply to the Macao Special Administrative Region.

The Government of the People's Republic of China shall assume responsibility for the international rights and obligations arising from the application of the Convention to the Macao Special Administrative Region.»

<31> Declaration: «At the time of Andorra's accession to the Convention and to the Protocol, Andorra does not have an airport or an aerodrome in its territory, although it does have heliports and several helipad areas, and no aircraft are registered in its registers.»

<32> In a note dated 12 December 2006, deposited on 20 December 2006, the Government of Montenegro notified the Government of the United Kingdom its succession to this Convention and confirmed that the Convention continues in force for Montenegro with effect from 3 June 2006. See also Note 28 with respect to Serbia.

<33> On 20 December 2022, a Notice was deposited with the Government of the United Kingdom by the Government of Ukraine whereby that Government withdrew the reservation made at the time of signature with regard to paragraph 1 of Article 14 of the Convention. The withdrawal of the reservation took effect on 20 December 2022.