Louise Gullifer, Teresa Rodríguez de las Heras Ballell, Marek Dubovec
While all of the protocols of the Cape Town Convention involve some interaction with domestic general secured transactions law, this is particularly true of the Rail Protocol and the MAC Protocol. This article maps where interactions are likely to arise, and focuses on two particular areas: the scope of the Protocols as regards the assets and transactions covered, and the effect of registration under domestic law and the Convention. The practical impact of the fact that a piece of equipment does, or may, fall within one or other of the protocols is assessed, concluding that there are many advantages to financiers in the additional application of the Cape Town regime, while the potential cost of double registration or double searching (itself a matter of choice for the financier) is likely to be out-weighed by the benefits. While the domestic benefits of ratification for a State ’ s market participants will, to some extent, depend on how far the Convention ’ s advantages of clarity, certainty and a very robust registration regime already exist in the domestic law, the added advantage of the internationality of the CTC system provides an additional reason for ratification.
{"title":"The Relationship between the MAC and the Rail (Luxembourg) Protocols to the Cape Town Convention and Domestic Secured Transactions Law","authors":"Louise Gullifer, Teresa Rodríguez de las Heras Ballell, Marek Dubovec","doi":"10.4337/ctcj.2022.01.02","DOIUrl":"https://doi.org/10.4337/ctcj.2022.01.02","url":null,"abstract":"While all of the protocols of the Cape Town Convention involve some interaction with domestic general secured transactions law, this is particularly true of the Rail Protocol and the MAC Protocol. This article maps where interactions are likely to arise, and focuses on two particular areas: the scope of the Protocols as regards the assets and transactions covered, and the effect of registration under domestic law and the Convention. The practical impact of the fact that a piece of equipment does, or may, fall within one or other of the protocols is assessed, concluding that there are many advantages to financiers in the additional application of the Cape Town regime, while the potential cost of double registration or double searching (itself a matter of choice for the financier) is likely to be out-weighed by the benefits. While the domestic benefits of ratification for a State ’ s market participants will, to some extent, depend on how far the Convention ’ s advantages of clarity, certainty and a very robust registration regime already exist in the domestic law, the added advantage of the internationality of the CTC system provides an additional reason for ratification.","PeriodicalId":330120,"journal":{"name":"Cape Town Convention Journal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121820673","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Is the Duality of Working Languages a Source of Conflict or Mutual Enrichment? The Example of the Cape Town Convention and its Protocols","authors":"","doi":"10.4337/ctcj.2022.01.03","DOIUrl":"https://doi.org/10.4337/ctcj.2022.01.03","url":null,"abstract":"","PeriodicalId":330120,"journal":{"name":"Cape Town Convention Journal","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116816377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This reports on the above session, held on 10 September 2019 at the Cape Town Convention Academic Project Conference. The panelists for the session were Professor John Pottow (University of Michigan), Mr William Piels (Partner, Holland & Knight, San Francisco) and Mr Henry Nahm (recent graduate of Columbia Law School and entering Associate, Millbank, New York). The session was chaired by Professor Jeffrey Wool (University of Washington and University of Oxford). The session focused on a specific but impactful set of issues arising and judicially addressed in cross-border insolvency proceedings involving a Brazilian airline, Oceanair Linhas Aereas S/A (‘Oceanair’).
{"title":"Cape Town Convention Academic Project Conference 2019","authors":"","doi":"10.4337/ctcj.2022.01.07","DOIUrl":"https://doi.org/10.4337/ctcj.2022.01.07","url":null,"abstract":"This reports on the above session, held on 10 September 2019 at the Cape Town Convention Academic Project Conference. The panelists for the session were Professor John Pottow (University of Michigan), Mr William Piels (Partner, Holland & Knight, San Francisco) and Mr Henry Nahm (recent graduate of Columbia Law School and entering Associate, Millbank, New York). The session was chaired by Professor Jeffrey Wool (University of Washington and University of Oxford). The session focused on a specific but impactful set of issues arising and judicially addressed in cross-border insolvency proceedings involving a Brazilian airline, Oceanair Linhas Aereas S/A (‘Oceanair’).","PeriodicalId":330120,"journal":{"name":"Cape Town Convention Journal","volume":"27 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123362276","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The 2001 Cape Town Convention on International Interests in Mobile Equipment and its associated Protocol on aircraft objects are among the most successful private commercial law instruments to have been adopted in recent years. Together with the other Protocols on railway rolling stock, space assets and mining, agricultural and construction equipment they are also the most complex, raising acute issues of interpretation which can sometimes be resolved only by departing from the strict language of the text. Though the instruments have stood up well to rigorous analysis they do contain errors, omissions, inconsistencies and ambiguities which the various Official Commentaries prepared by the writer have sought to address, with helpful input from the aviation industry, and there is also the difficulty of reconciling multi-language official texts which on occasion are not wholly consistent with each other. This article addresses the main problems of interpretation encountered.
{"title":"Issues of Interpretation under the Cape Town Convention and its Protocols","authors":"Roy Goode","doi":"10.4337/ctcj.2022.01.01","DOIUrl":"https://doi.org/10.4337/ctcj.2022.01.01","url":null,"abstract":"The 2001 Cape Town Convention on International Interests in Mobile Equipment and its associated Protocol on aircraft objects are among the most successful private commercial law instruments to have been adopted in recent years. Together with the other Protocols on railway rolling stock, space assets and mining, agricultural and construction equipment they are also the most complex, raising acute issues of interpretation which can sometimes be resolved only by departing from the strict language of the text. Though the instruments have stood up well to rigorous analysis they do contain errors, omissions, inconsistencies and ambiguities which the various Official Commentaries prepared by the writer have sought to address, with helpful input from the aviation industry, and there is also the difficulty of reconciling multi-language official texts which on occasion are not wholly consistent with each other. This article addresses the main problems of interpretation encountered.","PeriodicalId":330120,"journal":{"name":"Cape Town Convention Journal","volume":"702 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116964193","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Cape Town Convention on International Interests in Mobile Equipment ( ‘ Treaty ’ ) and the Protocol on Matters Specific to Aircraft Equipment ( ‘ Protocol ’ ) were drafted to give more predictability to the aircraft financing market: given that the assets in question often moved through different jurisdictions, there was a need for a body of law that would give owners, lessors, lessees, and creditors assurance that their rights and claims would apply uniformly throughout the globe. The United States has signed and ratified the Treaty and Protocol, and has also passed the Cape Town Treaty Implementation Act of 2004. By simply reading the words of these documents and treaties, one might think that US bankruptcy courts ought to be bound by Protocol Article XXX(4) as well. Protocol Article XXX(4) requires bankruptcy courts to go beyond the US Bankruptcy Code when dealing with debtors whose primary insolvency jurisdiction is another Contracting State of the Treaty. The courts are required to apply versions of an insolvency measure as had been adopted by the Contracting State that is the primary insolvency jurisdiction. As it is then shown that mere ratification does not make a treaty enforceable, I consider various arguments to assess the enforceability of Protocol Article XXX(4). Lastly, utilizing the conclusions made, I briefly comment on the unexpected outcome of In Re: Oceanair and its potential errors.
{"title":"Cape Town Convention in US Bankruptcy Courts: How Foreign Creditors May Seek Greater Protection in US Bankruptcy Courts through Enforcement of Article XXX(4) of the Aircraft Protocol","authors":"Jun Hyon ‘ Henry ’ Nahm","doi":"10.4337/ctcj.2022.01.04","DOIUrl":"https://doi.org/10.4337/ctcj.2022.01.04","url":null,"abstract":"The Cape Town Convention on International Interests in Mobile Equipment ( ‘ Treaty ’ ) and the Protocol on Matters Specific to Aircraft Equipment ( ‘ Protocol ’ ) were drafted to give more predictability to the aircraft financing market: given that the assets in question often moved through different jurisdictions, there was a need for a body of law that would give owners, lessors, lessees, and creditors assurance that their rights and claims would apply uniformly throughout the globe. The United States has signed and ratified the Treaty and Protocol, and has also passed the Cape Town Treaty Implementation Act of 2004. By simply reading the words of these documents and treaties, one might think that US bankruptcy courts ought to be bound by Protocol Article XXX(4) as well. Protocol Article XXX(4) requires bankruptcy courts to go beyond the US Bankruptcy Code when dealing with debtors whose primary insolvency jurisdiction is another Contracting State of the Treaty. The courts are required to apply versions of an insolvency measure as had been adopted by the Contracting State that is the primary insolvency jurisdiction. As it is then shown that mere ratification does not make a treaty enforceable, I consider various arguments to assess the enforceability of Protocol Article XXX(4). Lastly, utilizing the conclusions made, I briefly comment on the unexpected outcome of In Re: Oceanair and its potential errors.","PeriodicalId":330120,"journal":{"name":"Cape Town Convention Journal","volume":"28 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132532133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Oceanair: First Brazilian Case post-CTC Enaction","authors":"","doi":"10.4337/ctcj.2022.01.05","DOIUrl":"https://doi.org/10.4337/ctcj.2022.01.05","url":null,"abstract":"","PeriodicalId":330120,"journal":{"name":"Cape Town Convention Journal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128041524","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：