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Lloyd's Maritime and Commercial Law Quarterly

The Cape Town Convention: the constitution of an international interest

Sanam Saidova *

I. INTRODUCTION

The Cape Town Convention on International Interests in Mobile Equipment, together with its Aircraft1 and (Luxembourg) Railway Protocols,2 was hailed as one of the most significant international commercial law instruments ever to have been adopted.3 Its main purpose is to facilitate asset-based financing of high value mobile equipment, such as aircraft, railway and space objects.4 The acquisition of such equipment is often accomplished by means of a secured loan, conditional sale or lease. Before the loan can

* PhD candidate, School of Law, University of Nottingham. I am very grateful to Dr Sandra Frisby and Professor Howard Bennett for their comments on this article.
1. The Convention and Aircraft Protocol were concluded in November, 2001 at the Diplomatic Conference held at Cape Town under the auspices of the UNIDROIT and ICAO. See R Goode, Official Commentary to the Convention on International Interests in Mobile Equipment and Protocol Thereto on Matters Specific to Aircraft Equipment, revised edn (Rome, 2008) (hereafter “Goode, Aircraft Equipment”), 106.
2. The Luxembourg Protocol relating to railway objects (hereafter “the Luxembourg Protocol”) was concluded in February, 2007. The Diplomatic Conference was held at Luxembourg under the auspices of the UNIDROIT and the Intergovernmental Organisation for International Carriage by Rail (OTIF). See R Goode, Official Commentary to the Convention on International Interests in Mobile Equipment and Luxembourg Protocol Thereto on Matters Specific to Railway Rolling Stock (Rome, 2008) (hereafter “Goode, Railway Rolling Stock”), 2.
3. See R Goode, “International Interests in Mobile Equipment: A Transnational Juridical Concept” (2003) 15 Bond L Rev 9.
4. The Convention only governs general issues, such as creation, registration and priorities of interests held in aircraft, railway and space objects. The issues that are specific to a particular type of equipment are governed by the relevant Protocols. So far, only the Aircraft and Luxembourg Protocols have been adopted, while the Space Protocol is still being drafted. See D Panahy, R Mittal, “The Prospective UNIDROIT Convention on International Interests in Mobile Equipment as Applied to Space Property” (1999) 2 Unif L Rev 303.

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