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Implementing the Cape Town Convention and the Domestic Laws on Secured Transactions

Implementing the Cape Town Convention and the Domestic Laws on Secured Transactions
Author: Souichirou Kozuka
Publisher: Springer
Total Pages: 379
Release: 2017-01-25
Genre: Law
ISBN: 3319464701
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This book offers the analysis of the relationship between the Cape Town Convention and national laws on secured transactions. The first part of the book considers why national implementation is so important in the case of the Cape Town Convention and identifies how innovative the Convention is as a uniform law instrument. The second part includes chapters on those states that are Parties to the Cape Town Convention, which analyse how the Convention is implemented under the domestic law. The third part includes chapters on those states that are not Parties to the Convention, which compare their national laws and the Convention to find unique features of the Cape Town Convention’s rules. The fourth part discusses the meaning of Protocols on aircraft, railway rolling stock and space assets from the practitioner’s point of view. As a whole, the book offers insights into the new stage of uniform private law and shows the need for further examination of the subject, which will be essential for international and national legislators, academics of comparative and international private law as well as practitioners who are the users of the uniform law regime.

The Cape Town Convention's Improbable-but-Possible Progeny Part One

The Cape Town Convention's Improbable-but-Possible Progeny Part One
Author: Charles W. Mooney
Publisher:
Total Pages: 24
Release: 2015
Genre:
ISBN:
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This essay is Part One of a two-part essay series. It outlines and evaluates two possible future international instruments. Each instrument draws substantial inspiration from the Cape Town Convention and its Aircraft Protocol (together, the “Convention”). The Convention governs the secured financing and leasing of large commercial aircraft, aircraft engines, and helicopters. It entered into force in 2006. It has been adopted by sixty Contracting States (fifty-four of which have adopted the Aircraft Protocol), including the U.S., China, the E.U., India, Ireland, Luxembourg, Russia, and South Africa.A novel, distinctive, and path-breaking feature of the Convention is the international registry for the registration (i.e., public notice) of international interests in aircraft objects. It is a completely electronic, computer-based registry operated out of Ireland. It is operational 24-7. Inspired by the Convention's international registry, Part One proposes a different sort of international registry -- one of general application. This registry would constitute the national registry for each adopting State that would provide public notice of security interests in personal property (movables) created under the State's domestic substantive law on secured transactions. Part One explores the potential scope and structure of such a registry and its benefits as well as the potential means of creation, implementation, and operation of such a registry. It also examines the feasibility of a project on an international registry of general application. Part One concludes that there is a plausible basis for the feasibility of such a project. It urges interested States and intergovernmental organizations to seriously consider an international registry project and to take preliminary steps toward more formal consideration and discussion.

The Cape Town Convention

The Cape Town Convention
Author: Anton Didenko
Publisher: Bloomsbury Publishing
Total Pages: 288
Release: 2021-04-08
Genre: Law
ISBN: 1509939792
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This book is the first detailed and comprehensive research of the history of the Cape Town Convention and its protocols. It critically engages with the challenges faced by the developers of this treaty, analyses thousands of pages of archived materials and derives important lessons for the development of transnational commercial law globally. The book is an invaluable addition to the existing literature on the Cape Town Convention. It also informs the debate about harmonisation of secured transactions regimes generally, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. Practising lawyers will better understand the rationale behind the key provisions of the Cape Town Convention, while the treaty-making lessons will assist governmental officials, representatives of international organisations and legal advisors engaged in harmonisation of commercial law. The text covers all four protocols to the Cape Town Convention, including the MAC Protocol adopted on 22 November 2019 in Pretoria.

The Cape Town Convention

The Cape Town Convention
Author: Mark J. Sundahl
Publisher: Martinus Nijhoff Publishers
Total Pages: 280
Release: 2013-09-05
Genre: Law
ISBN: 9004256563
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The UNIDROIT Convention on International Interests in Mobile Equipment created a new international regime of secured finance applicable to aircraft and rolling stock that facilitates the financing of this equipment by, among other things, enabling lenders to create a readily enforceable security interest in the equipment. The Space Assets Protocol extends the benefits of the convention to satellites and other space assets. This book explains the operation of the convention in a manner that is useful both to lawyers engaged in satellite finance as well as to academics who desire to obtain a more complete understanding of this treaty. The book also explores the relationship between the convention and the existing body of space law.

Secured Transactions Law Reform in Africa

Secured Transactions Law Reform in Africa
Author: Marek Dubovec
Publisher: Bloomsbury Publishing
Total Pages: 586
Release: 2019-10-31
Genre: Law
ISBN: 1509913092
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Over the last few decades, many countries have reformed their secured transactions law. One of the main reasons has been the clear link between reform and the availability of credit, and the drive to improve access to finance, particularly for micro, small and medium-sized enterprises. This book focuses particularly on developing economies in Africa, which have legal frameworks influenced by English, French, Belgian, Roman-Dutch and other laws. Reform in this area of law across African countries has taken a number of forms, which are explored and discussed in this book. Secured Transactions Law Reform in Africa is a mixture of a critical description of the pre-reform law and practice, and the reform process itself. It also includes a comparative analysis of the legal provisions and an examination of the early results of the reforms. The book sets out a road map for the future of secured transactions reform; primarily in Africa, but also in other countries that have undertaken or are contemplating similar reforms. This book is the second in a series of books about Secured Transactions Law in countries around the world, and its reform, both on a national and an international scale. The first book, Secured Transactions Law Reform: Principles, Policies and Practice, was published in 2016.

General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé

General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé
Author: Martin Schauer
Publisher: Springer
Total Pages: 623
Release: 2017-06-01
Genre: Law
ISBN: 940241066X
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This book deals with convergences of legal doctrine despite jurisdictional, cultural, and political barriers, and of divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading scholars from more than twenty countries, its thirty-two chapters present a comparative analysis of cutting-edge legal topics of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. The book is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law. It covers a vast area of topics that are dealt with from a comparative point of view and represents the current state of law in each area. ​

The Future of Commercial Law

The Future of Commercial Law
Author: Orkun Akseli
Publisher: Bloomsbury Publishing
Total Pages: 465
Release: 2020-04-16
Genre: Law
ISBN: 1509914714
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The reform of commercial law through harmonisation, unification, codification and other means remains one of the most important projects in developing the institutional architecture for the global economy. This edited collection engages with the challenges and contributes to a greater understanding of the problems faced by states, international organisations, and private sector actors in this ongoing reform project for commercial law. The volume takes stock of the project to date and looks towards a restructuring of the agenda to deal with new challenges. The primary aim of the collection is to understand the future of commercial law reform in a way that offers ideas and strategies for innovation as well as in methodologies for project selection and evaluation. In so doing, the collection informs the debate on the global reform of commercial law and will be of interest not only to academics, but also to those involved in the reform of commercial law around the world. The volume collects papers presented at the UK Society of Legal Scholars Annual Seminar 2017.

Secured Credit in Europe

Secured Credit in Europe
Author: Teemu Juutilainen
Publisher: Bloomsbury Publishing
Total Pages: 361
Release: 2018-03-22
Genre: Law
ISBN: 1509910077
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Winner of the 2016–2018 KG Idman Prize. This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice. This book is an important contribution to the future of secured transactions law in Europe and more widely. It will be of interest to academics, policymakers and legal practitioners involved in this field.

Aircraft Leasing Operations under International Air Law

Aircraft Leasing Operations under International Air Law
Author: Capt. Somesh Babu Maddula
Publisher: Research Culture Society and Publication
Total Pages: 147
Release: 2024-07-01
Genre: Technology & Engineering
ISBN: 939250439X
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Aircraft Leasing Operations under International Air Law is a comprehensive guide that provides readers with a detailed understanding of the aviation industry, conventions and protocols, and the impact of the Cape Town Convention on aircraft financing. This book is an essential resource for anyone interested in the aviation industry, including students, professionals, and enthusiasts. The book is divided into seven chapters, each of which covers a specific aspect of the aviation industry. Chapter 1 provides a synopsis of the book, outlining the key topics covered in each chapter. Chapter 2 provides an introduction to the aviation industry, including its history, growth, and current state. This chapter also covers the various types of aircraft and their uses. Chapter 3 provides a comprehensive overview of business aviation worldwide, including its history, growth, and current state. This chapter also covers the various types of business aircraft and their uses. Chapter 4 covers the Convention and Protocol, which is an international treaty that governs the financing and leasing of aircraft. This chapter provides readers with a detailed understanding of the key provisions of the Convention and Protocol and their impact on aircraft financing. Chapter 5 covers the impact of the Cape Town Convention on aircraft financing. This chapter provides readers with a detailed understanding of the key provisions of the Convention and their impact on aircraft financing. Chapter 6 covers the Protection and Enforcement of Interests in Aircraft Objects Bill, 2022, which is a proposed law that seeks to protect the interests of aircraft lessors and financiers. Finally, Chapter 7 provides a conclusion to the book, summarizing the key topics covered in each chapter and providing readers with a comprehensive understanding of the aviation industry, conventions and protocols, and the impact of the Cape Town Convention on aircraft financing. In conclusion, Aircraft Leasing Operations under International Air Law is an essential resource for anyone interested in the aviation industry. This book provides readers with a comprehensive understanding of the aviation industry, conventions and protocols, and the impact of the Cape Town Convention on aircraft financing. Whether you are a student, professional, or enthusiast, this book is a must-read for anyone interested in the aviation industry.