Cape Town Convention Journal最新文献

The Relationship between the MAC and the Rail (Luxembourg) Protocols to the Cape Town Convention and Domestic Secured Transactions Law 委员会与《开普敦公约》和国内担保交易法的《铁路(卢森堡)议定书》之间的关系

Cape Town Convention Journal Pub Date : 1900-01-01 DOI: 10.4337/ctcj.2022.01.02

Louise Gullifer, Teresa Rodríguez de las Heras Ballell, Marek Dubovec

{"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}

引用次数: 0

Is the Duality of Working Languages a Source of Conflict or Mutual Enrichment? The Example of the Cape Town Convention and its Protocols 工作语言的双重性是冲突的根源还是相互丰富?《开普敦公约》及其《议定书》的范例

Cape Town Convention Journal Pub Date : 1900-01-01 DOI: 10.4337/ctcj.2022.01.03

引用次数: 0

Cape Town Convention Academic Project Conference 2019 2019开普敦会议学术项目会议

Cape Town Convention Journal Pub Date : 1900-01-01 DOI: 10.4337/ctcj.2022.01.07

引用次数: 0

Issues of Interpretation under the Cape Town Convention and its Protocols 《开普敦公约》及其议定书下的解释问题

Cape Town Convention Journal Pub Date : 1900-01-01 DOI: 10.4337/ctcj.2022.01.01

Roy Goode

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Depositary Update (2019–2020) 存托更新(2019-2020)

Cape Town Convention Journal Pub Date : 1900-01-01 DOI: 10.4337/ctcj.2022.01.11

引用次数: 0

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 美国破产法院的开普敦公约:外国债权人如何通过执行飞机议定书第XXX(4)条在美国破产法院寻求更大的保护

Cape Town Convention Journal Pub Date : 1900-01-01 DOI: 10.4337/ctcj.2022.01.04

Jun Hyon ‘ Henry ’ Nahm

{"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}

引用次数: 0

Oceanair: First Brazilian Case post-CTC Enaction 海洋航空:ctc颁布后的第一个巴西案例

Cape Town Convention Journal Pub Date : 1900-01-01 DOI: 10.4337/ctcj.2022.01.05

引用次数: 0