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The States Signatory
to this Convention Moved by a desire to ensure
adequate compensation for persons who suffer damage caused on the surface by
foreign aircraft, while limiting in a reasonable manner the extent of the
liabilities incurred for such damage in order not to hinder the development
of international civil air transport, and also Convinced of the need for
unifying to the greatest extent possible, through an international
convention, the rules applying in the various countries of the world to the
liabilities incurred for such damage, Have Appointed to such effect the
undersigned Plenipotentiaries who, duly authorised, Have Agreed As Follows: Chapter I - Principles Of Liability Article 1 1. Any person who
suffers damage on the surface shall, upon proof only that the damage was caused by an aircraft in flight
or by any person or thing falling there from, be entitled to compensation as
provided by this Convention.
Nevertheless there shall be no right to compensation if the damage is
not a direct consequence of the incident giving rise thereto, or if the
damage results from the mere fact of passage of the aircraft through the
airspace, in conformity with existing air traffic regulations. 2. For the purpose of
this Convention, an aircraft is considered to be in flight from the moment
when power is applied for the purpose of actual take-off until the moment
when the landing run ends. In the case
of an aircraft lighter than air, the expression "in flight" relates
to the period from the moment when it becomes detached from the surface until
it becomes again attached thereto. Article 2 1. The liability for
compensation contemplated by Article I of this Convention shall attach to the
operator of the aircraft. 2. (a) for the purposes of
this Convention the term "operator" shall mean the person who was
making use of the aircraft at the time the damage was caused, provided that
if control of the navigation of the aircraft was retained by the person from
whom the right to make use of the aircraft was derived, whether directly or
indirectly, that person shall be considered the operator; (b) a person shall be
considered to be making use of an aircraft when he is using it personally or
when his servants or agents are using the aircraft in the course of their
employment, whether or not within the scope of their authority. 3. The registered
owner of the aircraft shall be presumed to be the operator and shall be
liable as such unless, in the proceedings for the determination of his
liability, he proves that some other person was the operator and, in so far
as legal procedures permit, takes appropriate measures to make that other
person a party in the proceedings. Article 3 If the person who was the operator at the
time the damage was caused had not the exclusive right to use the aircraft
for a period of more than fourteen days, dating from the moment when the
right to use commenced, the person from whom such right was derived shall be
liable jointly and severally with the operator, each of them being bound
under the provisions and within the limits of liability of this Convention. Article 4 If a person makes use of an aircraft without
the consent of the person entitled to its navigational control, the latter,
unless he proves that he has exercised due care to prevent such use, shall be
jointly and severally liable with the unlawful user for damage giving a right
to compensation under Article 1, each of them being bound under the
provisions and within the limits of liability of this Convention. Article 5 Any person who would otherwise be liable
under the provisions of this Convention shall not be liable if the damage is
the direct consequence of armed conflict or civil disturbance, or if such
person has been deprived of the use of the aircraft by act of public
authority. Article 6 1. Any person who
would otherwise be liable under the provisions of this Convention shall not
be liable for damage if he proves that the damage was caused solely through
the negligence or other wrongful act or omission of the person who suffers
the damage or of the latter's servants or agents. If the person liable proves that the damage
was contributed to by the negligence or other wrongful act or omission of the
person who suffers the damage, or of his servants or agents, the compensation
shall be reduced to the extent to which such negligence or wrongful act or
omission contributed to the damage.
Nevertheless there shall be no such exoneration or reduction if, in
the case of the negligence or other wrongful act or omission of a servant or
agent, the person who suffers the damage proves that his servant or agent was
acting outside the scope of his authority. 2. When an action is
brought by one person to recover damages arising from the death or injury of
another person, the negligence or other wrongful act or omission of such
other person, or of his servants or agents, shall also have the effect
provided in the preceding paragraph. Article 7 When two or more aircraft have collided or
interfered with each other in flight and damage for which a right to compensation
as contemplated in Article 1 results, or when two or more aircraft have
jointly caused such damage, each of the aircraft concerned shall be
considered to have caused the damage and the operator of each aircraft shall
be liable, each of them being bound under the provisions and within the
limits of liability of this Convention. Article 8 The persons referred to in paragraph 3 of
Article 2 and in Articles 3 and 4 shall be entitled to all defences which are
available to an operator under the provisions of this Convention. Article 9 Neither the operator, the owner, any person
liable under Article 3 or Article 4, nor their respective servants or agents,
shall be liable for damage on the surface caused by an aircraft in flight or
any person or thing falling therefrom otherwise
than as expressly provided in this Convention. This rule shall not apply to any such
person who is guilty of a deliberate act or omission done with intent to
cause damage. Article 10 Nothing in this Convention shall prejudice
the question whether a person liable for damage in accordance with its
provisions has a right of recourse against any other person. Chapter II - Extent Of Liability Article 11 1. Subject to the
provisions of Article 12, the liability for damage giving a right to
compensation under Article 1, for each aircraft and incident, in respect of
all persons liable under this Convention, shall not exceed: (a) 500,000 francs for
aircraft weighing 1,000 kilogrammes or less; (b) 500,000 francs plus
400 francs per kilogramme over 1,000 kilogrammes
for aircraft weighing more than 1,000 but not exceeding 6,000 kilogrammes; (c) 2,500,000 francs
plus 250 francs per kilogramme over 6,000 kilogrammes
for aircraft weighing more than 6,000 but not
exceeding 20,000 kilogrammes; (d) 6,000,000 francs
plus 150 francs per kilogramme over 20,000 kilogrammes
for aircraft weighing more than 20,000 but not exceeding 50,000 kilogrammes; (e) 10,500,000 francs
plus 100 francs per kilogramme over 50,000 kilogrammes
for aircraft weighing more than 50,000 kilogrammes. 2. The liability in
respect of loss of life or personal injury shall not exceed 500,000 francs
per person killed or injured. 3. "Weight"
means the maximum weight of the aircraft authorised by the certificate of
airworthiness for take-off, excluding the effect of lifting gas when used. 4. The sums mentioned
in francs in this Article refer to a currency unit consisting of 65 1/2 milligrammes of gold of millesimal
fineness 900. These sums may be
converted into national currencies in round figures. Conversion of the sums into national
currencies other than gold shall, in case of judicial proceedings, be made
according to the gold value of such currencies at the date of the judgment,
or, in cases covered by Article 14, at the date of the allocation. Article 12 1. If the person who
suffers damage proves that it was caused by a deliberate act or omission of
the operator, his servants or agents, done with intent to cause damage, the
liability of the operator shall be unlimited; provided that in the case of
such act or omission of such servant or agent, it is also proved that he was
acting in the course of his employment and within the scope of his authority. 2. If a person
wrongfully takes and makes use of an aircraft without the consent of the
person entitled to use it, his liability shall be unlimited. Article 13 1. Whenever, under the
provisions of Article 3 or Article 4, two or more persons are liable for
damage, or a registered owner who was not the operator is made liable as such
as provided in paragraph 3 of Article 2, the persons who suffer damage shall
not be entitled to total compensation greater than the highest indemnity
which may be awarded under the provisions of this Convention against any one
of the persons liable. 2. When the provisions
of Article 7 are applicable, the person who suffers the damage shall be
entitled to be compensated up to the aggregate of the limits applicable with
respect to-each of the aircraft involved, but no operator shall be liable for
a sum in excess of the limit applicable to his aircraft unless his liability
is unlimited under the terms of Article 12. Article 14 If the total amount of the claims established
exceeds the limit of liability applicable under the provisions of this
Convention, the following rules shall apply, taking into account the
provisions of paragraph 2 of Article II: (a) if the claims are
exclusively in respect of loss of life or personal injury or exclusively in
respect. of damage to property, such claims shall be reduced in proportion to
their respective amounts; (b) if the claims are
both in respect of loss of life or personal injury and in respect of damage
to property, one half of the total sum distributable shall be appropriated
preferentially to meet claims in respect of loss of life and personal injury
and, if insufficient, shall be distributed proportionately between the claims
concerned. The remainder of the total
sum distributable shall be distributed
proportionately among the claims in respect of damage to property and
the portion not already covered of the claims in respect of loss of life and
personal injury. Chapter III - Security For Operator's Liability Article 15 1. Any 2. (a) the insurance shall
be accepted as satisfactory if it conforms to the provisions of this
Convention and has been effected by an insurer authorised to effect such
insurance under the laws of the State where the aircraft is registered or of
the State where the insurer has his residence or principal place of business,
and whose financial responsibility has been verified by either of those
States; (b) if
insurance has been required by any State under paragraph I of this Article,
and a final judgment in that State is not satisfied by payment in the
currency of that State, any 3. Notwithstanding the
last preceding paragraph, the State overflown may
refuse to accept as satisfactory insurance effected by an insurer who is not
authorised for that purpose in a 4. Instead of
insurance, any of the following securities shall be deemed satisfactory if
the security conforms to Article 17: (a) a cash deposit in a
depository maintained by the (b) a guarantee given
by a bank authorised to do so by the Contracting State where the aircraft is
registered, and whose financial responsibility has been verified by that
State; (c) a
guarantee given by the 5. Subject to
paragraph 6 of this Article, the State overflown
may also require that the aircraft shall carry a certificate issued by the
insurer certifying that insurance has been effected in accordance with the
provisions of this Convention, and specifying the person or persons whose
liability is secured thereby, together with a certificate or endorsement
issued by the appropriate authority in the State where the aircraft is
registered or in the State where the insurer has his residence or principal
place of business certifying the financial responsibility of the insurer. If other
security is furnished in accordance with the provisions of paragraph 4 of
this Article, a certificate to that effect shall be issued by the appropriate
authority in the State where the aircraft is registered. 6. The certificate
referred to in paragraph 5 of this Article need not be carried in the
aircraft if a certified copy has been filed with the appropriate authority
designated by the State overflown or, if the
International Civil Aviation Organization agrees, with that Organization,
which shall furnish a copy of the certificate to each contracting State. 7. (a) where the State overflown has reasonable grounds for doubting the
financial responsibility of the insurer, or of the bank which issues a
guarantee under paragraph 4 of this Article, that State may request
additional evidence of financial responsibility, and if any question arises
as to the adequacy of that evidence the dispute affecting the States
concerned shall, at the request of one of those States, be submitted to an
arbitral tribunal which shall be either the Council of the International
Civil Aviation Organization or a person or body mutually agreed by the
parties; (b) until this tribunal
has given its decision the insurance or guarantee shall be considered
provisionally valid by the State overflown. 8. Any requirements
imposed in accordance with this Article shall be notified to the Secretary
General of the International Civil Aviation Organization who shall inform
each 9. For the purpose of
this Article, the term "insurer" includes a group of insurers, and
for the purpose of paragraph 5 of this Article, the phrase "appropriate
authority in a State" includes the appropriate authority in the highest
political subdivision thereof which regulates the conduct of business by the
insurer. Article 16 1. The insurer or other
person providing security required under Article 15 for the liability of the
operator may, in addition to the defences available to the operator, and the
defence of forgery, set up only the following defences against claims based
on the application of this Convention: (a) that the damage
occurred after the security ceased to be effective. However, if the security expires during a
flight, it shall be continued in force until the next landing specified in
the flight plan, but no longer than twenty-four hours ; and if the security
ceases to be effective for any reason other than the expiration of its term,
or a change of operator, it shall be continued until fifteen days after
notification to the appropriate authority of the State which certifies the
financial responsibility of the insurer or the guarantor that the security
has ceased to be effective, or until effective withdrawal of the certificate
of the insurer or the certificate of guarantee if such a certificate has been
required under paragraph 5 of Article 15, whichever is the earlier; (b) that the damage
occurred outside the territorial limits provided for by the security, unless
flight outside of such limits was caused by force majeure,
assistance justified by the circumstances, or an error in piloting, operation
or navigation. 2. The State which has
issued or endorsed a certificate pursuant to paragraph 5 of Article 15 shall notify
the termination or cessation, otherwise than by the expiration of its term,
of the insurance or other security to the interested contracting States as
soon as possible. 3. Where a certificate
of insurance or other security is required under paragraph 5 of Article 15
and, the operator is changed during the period of the validity of the
security, the security shall apply to the liability under this Convention of
the new operator, unless he is already covered by other insurance or security
or is an unlawful user, but not beyond fifteen days from the time when the
insurer or guarantor notifies the
appropriate authority of the State where the certificate was issued that the
security has become ineffective or until the effective withdrawal of the
certificate of the insurer if such a certificate has been required under
paragraph 5 of Article 15, whichever is the shorter period. 4. The continuation in
force of the security under the provisions of paragraph I of this Article
shall apply only for the benefit of the person suffering damage. 5. Without prejudice
to any right of direct action which he may have under the law governing the
contract of insurance or guarantee, the person suffering damage may bring a
direct action against the insurer or guarantor only in the following cases: (a) where the security
is continued in force under the provisions of paragraph I (a) and (b) of this
Article; (b) the bankruptcy of
the operator. 6. Excepting the
defences specified in paragraph I of this Article, the insurer or other
person providing security may not, with respect to direct actions brought by
the person suffering damage based upon application of this Convention, avail
himself of any grounds of nullity or any right of retroactive cancellation. 7. The provisions of
this Article shall not prejudice the question whether the insurer or
guarantor has a right of recourse against any other person. Article 17 1. If security is
furnished in accordance with paragraph 4 of Article 15, it shall be
specifically and preferentially assigned to payment of claims under the
provisions of this Convention. 2. The security shall
be deemed sufficient if, in the case of an operator of one aircraft, it is
for an amount equal to the limit applicable according to the provisions of Article
1 1, and in the case of an operator of several
aircraft, if it is for an amount not less than the aggregate of the limits of
liability applicable to the two aircraft subject to the highest limits. 3. As soon as notice
of a claim has been given to the operator, the amount of the security shall
be increased up to a total sum equivalent to the aggregate of: (a) the amount of the
security then required by paragraph 2 of this Article, and (b) the amount of the claim
not exceeding the applicable limit of liability. This increased security shall be maintained
until every claim has been disposed of. Article 18 Any sums due to an operator from an insurer
shall be exempt from seizure and execution by creditors of the operator until
claims of third parties under this Convention have been satisfied. Chapter IV - Rules Of Procedure And Limitation Of
Actions Article 19 If a claimant has not brought an action to
enforce his claim or if notification of such claim has not been given to the
operator within a period of six months from the date of the incident which
gave rise to the damage, the claimant shall only be entitled to compensation
out of the amount for which the operator remains liable after all claims made
within that period have been met in full. Article 20 1. Actions under the
provisions of this Convention may be brought only before the courts of the
Contracting State where the damage occurred.
Nevertheless, by agreement between any one or more claimants and any
one or more defendants, such claimants may take action before the courts of
any other Contracting State, but no such proceedings shall have the effect of
prejudicing in any way the rights of persons who bring actions in the State
where the damage occurred. The parties
may also agree to submit disputes to arbitration in any Contracting State. 2. Each Contracting
State shall take all necessary measures to ensure that the defendant and all
other parties interested are notified of any proceedings concerning them and
have a fair and adequate opportunity to defend their interests. 3. Each Contracting
State shall so far as possible ensure that all actions arising from a single
incident and brought in accordance with paragraph I of this Article are
consolidated for disposal in a single proceeding before the same court. 4. Where any final
judgment, including a judgment by default, is pronounced by a court competent
in conformity with this Convention, on which execution can be issued
according to the procedural law of that court, the judgment shall be
enforceable upon compliance with the formalities prescribed by the laws of
the Contracting State, or of any territory, State or province thereof, where
execution is applied for: (a) in the Contracting State
where the judgment debtor has his residence or principal place of business
or, (b) if the assets
available in that State and in the State where the judgment was pronounced
are insufficient to satisfy the judgment, in any other Contracting State where
the judgment debtor has assets. 5. Notwithstanding the
provisions of paragraph 4 of this Article, the court to which application is
made for execution may refuse to issue execution if it is proved that any of
the following circumstances exist: (a) the judgment was
given by default and the defendant did not acquire knowledge of the
proceedings in sufficient time to act upon it; (b) the defendant was
not given a fair and adequate opportunity to defend his interests; (c) the judgment is in
respect of a cause of action which had already, as between the same parties,
formed the subject of a judgment or an arbitral award which, under the law of
the State where execution is sought, is recognized as final and conclusive; (d) the judgment has
been obtained by fraud of any of the parties; (e) the right to
enforce the judgment is not vested in the person by whom the application for
execution is made. 6. The merits of the
case may not be reopened in proceedings for execution under paragraph 4 of
this Article. 7. The court to which
application for execution is made may also refuse to issue execution if the
judgment concerned is contrary to the public policy of the State in which
execution is requested. 8. If, in proceedings brought
according to paragraph 4 of this Article, execution of any judgment is
refused on any of the grounds referred to in subparagraphs (a), (b) or (d) of
paragraph 5 or paragraph 7 of this Article, the claimant shall be entitled to
bring a new action before the courts of the State where execution has been
refused. The judgment rendered in such
new action may not result in the total compensation awarded exceeding the
limits applicable under the provisions of this Convention. In such new action the previous judgment
shall be a defence only to the extent to which it has been satisfied. The previous judgment shall cease to be
enforceable as soon as the new action has been started. The right to bring a new action under this
paragraph shall, notwithstanding the provisions of Article 21, be subject to
a period of limitation of one year from the date on which the claimant has
received notification of the refusal to execute the judgment. 9. Notwithstanding the
provisions of paragraph 4 of this Article, the court to which application for
execution is made shall refuse execution of any judgment rendered by a court
of a State other than that in which the damage occurred until all the
judgments rendered in that State have been satisfied. The court applied to shall also refuse to
issue execution until final judgment has been given on all actions filed in
the State where the damage occurred by those persons who have complied with
the time limit referred to in Article 19, if the judgment debtor proves that
the total amount of compensation which might be awarded by such judgments
might exceed the applicable limit of liability under the provisions of this
Convention. Similarly such court shall not grant
execution when, in the case of actions brought in the State where the damage
occurred by those persons who have complied with the time limit referred to
in Article 19, the aggregate of the judgments exceeds the applicable limit of
liability, until such judgments have been reduced in accordance with Article
14. 10. Where a judgment is
rendered enforceable under this Article, payment of costs recoverable under
the judgment shall also be enforceable.
Nevertheless the court applied to for execution may, on the
application of the judgment debtor, limit the amount of such costs to a sum
equal to ten Per centum of the amount for which the judgment is rendered
enforceable. The limits of liability
prescribed by this Convention shall be exclusive of costs. 11. Interest not
exceeding four per centum per annum may be allowed on the judgment debt from
the date of the judgment in respect of which execution is granted. 12. An application for
execution of a judgment to which paragraph 4 of this Article applies must be
made within five years from the date when such judgment became final. Article 21 1. Actions under this
Convention shall be subject to a period of limitation of two years from the
date of the incident which caused the damage. 2. The grounds for
suspension or interruption of the period referred to in paragraph 1 of this
Article shall be determined by the law of the court trying the action; but in
any case the right to institute an action shall be extinguished on the
expiration of three years from the date of the incident which caused the
damage. Article 22 In the event of the death of the person
liable, an action in respect of liability under the provisions of this
Convention shall lie against those legally responsible for his obligations. Chapter V - Application Of The Convention And General Provisions Article 23 1. This Convention
applies to damage contemplated in Article I caused in the territory of a
Contracting State by an aircraft registered in the territory of another
Contracting State. 2. For the purpose of this
Convention a ship or aircraft on the high seas shall be regarded as part of
the territory of the State in which it is registered. Article 24 This Convention shall not apply to damage
caused to an aircraft in flight, or to persons or goods on board such
aircraft. Article 25 This Convention shall not apply to damage on
the surface if liability for such damage is regulated either by a contract
between the person who suffers such damage and the operator or the person
entitled to use the aircraft at the time the damage occurred, or by the law
relating to workmen's compensation applicable to a contract of employment
between such persons. Article 26 This Convention shall not apply to damage
caused by military, customs or police aircraft. Article 27 Contracting States will, as far as possible,
facilitate payment of compensation under the provisions of this Convention in
the currency of the State where the damage occurred. Article 28 If legislative measures are necessary in any
Contracting State to give effect to this Convention, the Secretary General of
the International Civil Aviation Organization shall be informed forthwith of
the measures so taken. Article 29 As between Contracting States which have
also ratified the International Convention for the Unification of Certain
Rules relating to Damage caused by Aircraft to Third Parties on the Surface
opened for signature at Rome on the 29 May 1933,l the present Convention upon
its entry into force shall supersede the said Convention of Rome. Article 30 For the purposes of this Convention: - "Person" means any natural or
legal person, including a State. - "Contracting State" means any
State which has ratified or adhered to this Convention and whose denunciation
thereof has not become effective. - "Territory of a State" means the
metropolitan territory of a State and all territories for the foreign
relations of which that State is responsible, subject to the provisions of
Article 36. Chapter VI - Final Provisions Article 31 This Convention shall remain open for
signature on behalf of any State until it comes into force in accordance with
the provisions of Article 33. Article 32 1. This Convention
shall be subject to ratification by the signatory States. 2. The instruments of
ratification shall be deposited with the International Civil Aviation
Organization. Article 33 1. As soon as five of
the signatory States have deposited their instruments of ratification of this
Convention, it shall come into force between them on the ninetieth day after date
of the deposit of the fifth instrument of ratification. It shall come into
force, for each State which deposits its instrument of ratification after
that date, on the ninetieth day after the deposit of its instrument of
ratification. 2. As soon as this
Convention comes into force, it shall be registered with the United Nations
by the Secretary General of the International Civil Aviation Organization. Article 34 1. This Convention
shall, after it has come into force, be open for adherence by any non-signatory
State. 2. The adherence of a
State shall be affected by the deposit of an instrument of adherence with the
International Civil Aviation Organization and shall take effect as from the
ninetieth day after the date of the deposit. Article 35 1. Any Contracting
State may denounce this Convention by notification of denunciation to the
International Civil Aviation Organization. 2. Denunciation shall
take effect six months after the date of receipt by the International Civil
Aviation Organization of the notification of denunciation; nevertheless, in
respect of damage contemplated in Article I arising from an incident which
occurred before the expiration of the six months period, the Convention shall
continue to apply as if the denunciation had not been made. Article 36 1. This Convention
shall apply to all territories for the foreign relations of which a
Contracting State is responsible, with the exception of territories in
respect of which a declaration has been made in accordance with paragraph 2 of
this Article or paragraph 3 of Article 37. 2. Any State may at
the time of deposit of its instrument of ratification or adherence, declare
that its acceptance of this Convention does not apply to any one or more of
the territories for the foreign relations of which such State is responsible. 3. Any Contracting
State may subsequently, by notification to the International Civil Aviation
Organization, extend the application of this Convention to any or all of the
territories regarding which it has made a declaration in accordance with
paragraph 2 of this Article or paragraph 3 of Article 37. The notification shall take effect as from
the ninetieth day after its receipt by the Organization. 4. Any Contracting
State may denounce this Convention, in accordance with the provisions of
Article 35, separately for any or all of the territories for the foreign
relations of which such State is responsible. Article 37 1. When the whole or
part of the territory of a Contracting State is transferred to a non-contracting
State, this Convention shall cease to apply to the territory so transferred,
as from the date of the transfer. 2. When part of the
territory of a Contracting State becomes an independent State responsible for
its own foreign relations, this Convention shall cease to apply to the
territory which becomes an independent State, as from the date on which it
becomes independent. 3. When the whole or
part of the territory of another State is transferred to a Contracting State,
the Convention shall apply to the territory so transferred as from the date
of the transfer ; provided that, if the territory transferred does not become
part of the metropolitan territory of the Contracting State concerned,
that Contracting State may, before
or at the time of the transfer, declare by notification to the International
Civil Aviation Organization that the Convention shall not apply to the
territory transferred unless a notification is made under paragraph 3 of
Article 36. Article 38 The Secretary General of the International
Civil Aviation Organization shall give notice to all signatory and adhering
States and to all States members of the Organization or of the United
Nations: (a) of the deposit of
any instrument of ratification or adherence and the date thereof, within
thirty days from the date of the deposit, and (b) of the receipt of
any denunciation or of any declaration or notification made under Article 36
or 37 and the date thereof, within thirty days from the date of the receipt. The Secretary General of the Organization
shall also notify these States of the date on which the Convention comes into
force in accordance with paragraph 1 of Article 33. Article 39 No reservations may be made to this
Convention. In Witness Whereof the undersigned
Plenipotentiaries, having been duly authorised, have signed this Convention. Done at Rome on the
seventh day of the month of October of the year One Thousand Nine Hundred and
Fifty Two in the English, French and Spanish languages, each text being of
equal authenticity. This Convention shall be deposited
with the International Civil Aviation Organization where, in accordance with
Article 31, it shall remain open for signature, and the Secretary General of the
Organization shall send certified copies thereof to all signatory and
adhering States and to all States members of the Organization or the United
Nations. End |
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Montreal
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