Such an advance relief may certainly raise
policy issues. This is why the Convention gives
Contracting States the possibility to exclude
the application of Article 13 by declaration; as
to Article X of the Aircraft Protocol, it is an
‘opt-in’ provision, i.e. Contracting States have
to issue a declaration to render Article X or
parts of it effective as regards their own legal
system. It is important to note, however, that
Contracting States have so far felt at ease with it
since all but one did not make any declaration
under Article 55 of the Convention.26 On the
other hand, most Contracting States to the
Aircraft Protocol opted for the application
of the provision of Article X of the Aircraft
Protocol, which – as I have contended above
– cannot but be interpreted as regulating a
speedy enforcement remedy