Treaties:   Transportation by Air   1114/   §| /39
BRITISH HMBAS8Y,
WASHINGTON, t>. 0
• 9
June 15th, 1939
HO. 234
Sir,
I have the honour to inform you, under
instructions from Hie Majesty's Principal Secretary
of State for Foreign Affairs, that the question has
arisen in the snglish courts as to the interpretation
of Article X (2) of the Convention far the Unification
of Certain Rules relating to International Carriage
by Air, signed at Warsaw, 18th October, 1929, and
that a majority of the House of Lords have held that
the expression "High Contracting Party" in the
definition contained in Article 1 (8) includes a
Party which has signed the convention hut has not
ratified it*   His Majesty's Government in the
United Kingdom are of the opinion that this decision
is not in accordance with the intentions of the
framers of the article and are considering legislation
in order to guide the English courts for the future*
Before proposing such legislation, however, they
would like to be assured that the Government of the
United States, as being a party to the above-
mentioned convention, share their view as regards the
Interpretation of the provision in the convention*
His Majesty* s Government are of the
opinion that the ordinary meaning of High Contracting
Party/
The Honourable
Cordell Hull,
Secretary of State of the United states,
Washington, D. C*
FRHM:CB:AR :DH

13
Party la a convention Is to designate a party who
is bound by the provisions of a convention and
therefore does not cover a signatory who does net
ratify It*   If this were not so, It would mean that
a party who waa not hound by any reciprocal obligations
as entitled to claim the benefits of a convention.
His Majesty's Government consider that In Article 1 (8)
of the Warsaw Convention the words "High Contracting
Party" were used In their ordinary sense and that the
intention of the framera of the definition of
international carriage In Article 1 (2) was to render
the convention applicable to carriage going outside
the territories of a single High Contracting Party,
When both ends of the journey were situated in a
territory to which the convention applied, and
therefore In a territory where the rules and the
convention had the force of law.
I should be grateful to learn, therefore*
at your early, convenience, whether the United States
Government agree with the view of His Majesty's
Government as to the interpretation of this
provision as set out above*   In this connexion* I am
Instructed to point out that In the formal articles
(Articles 36 et sso.)* by what appears to His Majesty's
Government to be inaccurate drafting, the words "High
Contracting Party" are undoubtedly used in a sense
which is Intended to cover a party whleh has signed
but has not yet ratified the convention, and it la
this fact which has led the House of Lords to the
?lew/
view which it took.   Hit Majesty*s Government ore
of the opinion that in spite of the use of the words
"High Contracting Party" in an unusual sense in
Articles 36 et seq., there was no intention in
Article 1 (S) to give to the expression anything
exeept its ordinary and natural meaning.
I have the honour to be,
with the highest consideration,
Sir,
Your most obedient,
humble servant»
<S*S3 JU G. LINDSAY