PART 2

Implementation of the Convention and Protocol

4. —(1) Subject to subsection (2), the Cape Town Convention and the Aircraft Protocol have the force of law in the State in relation to matters to which they apply.

(2) Subsection (1) applies on and after the day on which the Cape Town Convention and the Aircraft Protocol enter into force in accordance with Article 49 of that Convention and Article XXVIII of that Protocol.

5. —(1) The Government may, by order, make decisions about any matter in relation to which a State may make a declaration as provided for in Articles 39, 40, 50, 52, 53, 54, 55, 57 and 60 of the Convention and in Articles XXIV, XXX, XXXI and XXXIII of the Aircraft Protocol.

(2) If the Government has made a declaration under the Cape Town Convention or the Aircraft Protocol (other than a declaration authorised under Article 60 of that Convention or Article XXXI of that Protocol), it may make a decision withdrawing from the declaration in accordance with Article 58 of that Convention or Article XXXIV of that Protocol.

(3) An order under this section may authorise the Minister to make the declaration or effect the withdrawal to which the decision of the Government relates.

6. —(1) An order under section 5 may include such transitional and consequential provisions as appear to the Government to be appropriate.

(2) Such a provision may, if the order so provides, take effect on the date on which this Act comes into operation or a later date.

(3) To the extent to which such a provision takes effect on a date that is earlier than the date of its notification in Iris Oifigiúil, the provision does not operate so as—

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that notification, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that notification.

7. —The High Court is the relevant court for the purposes of the Cape Town Convention and the Aircraft Protocol including for the purposes of Article 53 of the Cape Town Convention.

8. —All courts and tribunals are required to take judicial notice of the provisions of the Cape Town Convention and the Aircraft Protocol.

9. —In any proceedings for damages brought by a person under Article 28 of the Cape Town Convention, the court—

(a) shall take into account the extent to which the person and the Registrar and the Registrar's officers and employees have respectively complied with the regulations (if any) in force under Article 17(2)(d) of that Convention relating to the operation of the International Registry and the associated international registration system and with any requirements, conditions or limitations imposed under those regulations, and

(b) shall have particular regard to the provisions (if any) of the regulations that relate to the resolution of disputes involving, and the determination of claims for damages made against, the Registrar.