Mechanism for Adherence by Non-Signatory States
- Article 38 of the Convention permits governments that did not originally sign the Convention to adhere to it after it has come into force.
- Adherence requires notification to the Government of the Republic of Poland, as the depositary state.
Philippine Senate Concurrence and Constitutional Compliance
- The Philippine Senate, through Resolution No. 19 dated May 16, 1950, agreed to the Philippines’ adherence to the Convention and the Additional Protocol.
- This concurrence was given in accordance with the Philippine Constitution.
- A specific reservation was declared as provided in the Additional Protocol: the first paragraph of Article 2 of the Convention would not apply to any international air transportation performed by the Philippines.
Formal Adherence Procedures and Timeline
- The Philippine government formally adhered to the Convention and Additional Protocol, notifying the Government of Poland on November 9, 1950.
- The instrument of adherence was registered pursuant to Article 38 (2) of the Convention.
- The adherence took effect ninety days after the notification date, in line with Article 38 (3).
Official Proclamation and Binding Effect
- The President of the Philippines proclaimed and made public the adherence on September 23, 1955.
- The proclamation reaffirmed the Senate’s concurrence and the stated reservation.
- The attached Convention and Protocol were declared binding upon the Republic of the Philippines and its citizens with an obligation to observe and fulfill all provisions in good faith.
Important Legal Concepts
- Reservation: The special reservation limits the application of Article 2 regarding international air transport by the Philippines.
- International treaty adherence without original signature: Shows how states may join treaties post-ratification via formal notification.
- Constitutional compatibility: Senate concurrence ensures treaty adherence is consistent with domestic law.
- Binding international obligation: Upon proclamation, the treaty’s provisions form part of the legal obligations of the Philippines and its nationals.