Parties, also covered by EU's accession
Signatories, also covered by EU's accession
covered by EU's accession
|Signed||16 November 2001|
|Location||Cape Town, South Africa|
|Effective||1 March 2006|
|Depositary||International Institute for the Unification of Private Law|
|Citations||2307 U.N.T.S. 285|
|Languages||English, Arabic, Chinese, French, Russian and Spanish|
The Cape Town Convention on International Interests in Mobile Equipment, or Cape Town Treaty is an international treaty intended to standardize transactions involving movable property. The treaty creates international standards for registration of contracts of sale (including dedicated registration agencies), security interests (liens), leases and conditional sales contracts, and various legal remedies for default in financing agreements, including repossession and the effect of particular states' bankruptcy laws.
Four protocols to the convention are specific to four types of movable equipment: Aircraft Equipment (aircraft and aircraft engines; signed in 2001), railway rolling stock (signed in 2007), space assets (signed in 2012) and "Mining, Agricultural and Construction Equipment" (signed in 2019). The aircraft Protocol entered into force in 2006, while the others are not in effect.
The treaty resulted from a diplomatic conference held in Cape Town, South Africa in 2001. The conference was attended by 68 countries and 14 international organizations. 53 countries signed the resolution proposing the treaty.The treaty came into force on 1 April 2004, and has been ratified by 57 parties. The Aircraft Protocol (which applies specifically to aircraft and aircraft engines) took effect on 1 March 2006 when it was ratified by 8 countries: Ethiopia, Ireland, Malaysia, Nigeria, Oman, Panama, Pakistan, and the United States.
As of 2018, the convention has been ratified by 77 states as well as the European Union. The railway rolling stock and the space protocols have been ratified by respectively three countries (Gabon, Luxembourg and Sweden), as well as the European Union, and no countries and thus have not taken effect. An overview of the status of the treaty and protocols is shown below:
|Instrument||Signature||Location||Entry into force||Signatures||Ratifications|
(required for entry into force)
|Convention||16 November 2001||Cape Town||1 March 2006||28||78 (3)|
|Aircraft Protocol||16 November 2001||Cape Town||1 March 2006||23||74 (8)|
|Railway Rolling Stock Protocol||23 February 2007||Luxembourg||-||8||3 (4)|
|Space Assets Protocol||9 March 2012||Berlin||-||4||0 (10)|
|Mining, Agricultural and Construction Equipment (MAC)||22 November 2019||Pretoria||-||5||0 (5)|
The European Union joined the convention and the Aircraft Protocol as a Regional Economic Integration Organization. On the subject of the convention, both the Member states of the European Union and the Union itself have competence: e.g. while the substantive law regarding insolvency is regulated by the states, the conflict of law-rules (which county has jurisdiction etc.) is regulated by the European Union. According to the Government of the Netherlands the acceptance of the European Union in a member state which itself is not a party to the convention has no practical consequences.The European Union ratified the Luxembourg Rail protocol in December 2014 as a Regional Economic Integration Organization on the same basis.
The aircraft Protocol (officially: Protocol to the Convention on International Interests in Mobile Equipment on matters specific to aircraft equipment) was signed immediately with the treaty and the only protocol currently entered into force. It applies to aircraft which can carry at least eight people or 2750 kilograms of cargo, aircraft engines with thrust exceeding 1,750 pounds-force (7,800 N) or 550 horsepower (410 kW), and helicopters carrying five or more passengers. The International Registry of Mobile Assets established to record international property interests in the aircraft equipment covered by the treaty is located in Ireland. Mediation cases for leasing disputes are to be heard in the High Court of Ireland. As of 2018, the protocol has 73 contracting parties, which includes 27 states and the European Union.
|Wikisource has original text related to this article:|
|State||Date of Ratification/|
|25 July 2006|
|30 October 2007|
|30 April 2006|
|10 January 2018|
|26 May 2015|
|27 November 2012|
|15 December 2008|
|27 September 2011|
|4 July 2014|
|30 November 2011|
|8 September 2017|
|14 April 2011|
|21 December 2012||New Brunswick: effective 1 July 2016|
Yukon: effective 1 October 2014
others: 1 April 2013
|26 September 2007|
|3 February 2009||Excluding|
|19 February 2007|
|13 March 2013|
|6 May 2016|
|8 August 2018|
|1 March 2016|
|28 January 2009|
|26 October 2015|
|10 December 2014|
|21 November 2003|
|28 April 2009||Only as far as it has competency|
over subjects of the convention/protocol.
Not applicable to Denmark
|30 May 2012|
|4 April 2017|
|20 December 2018|
|31 March 2008|
|16 March 2007|
|23 August 2005|
|31 August 2010|
|1 June 2011|
|13 October 2006|
|31 October 2013|
|8 February 2011|
|27 June 2008|
|15 December 2008|
|10 April 2013|
|16 January 2014|
|1 October 2010|
|31 July 2007|
|19 February 2019|
|19 October 2006|
|18 July 2013|
|3 December 2012|
|23 July 2018|
|17 May 2010||Not European Netherlands |
|20 July 2010|
|16 December 2003|
|20 December 2010|
|21 March 2005|
|22 January 2004|
|28 July 2003|
|19 December 2018|
|30 March 2018|
|25 May 2011|
|28 January 2010|
|9 September 2014|
|27 June 2008|
|9 January 2006|
|26 July 2016|
|28 January 2009|
|18 January 2007|
|27 November 2015|
|17 November 2016|
|30 December 2015|
|31 May 2011|
|30 January 2009|
|1 December 2011|
|23 August 2011|
|31 July 2012|
|29 April 2008|
|27 July 2015||Extended to Cayman Islands, Gibraltar and Guernsey (2015), and the Isle of Man and Bermuda (2017)|
|28 October 2004|
|31 January 2018|
|17 September 2014|
|Wikisource has original text related to this article:|
The Railway Rolling Stock Protocol, or Luxembourg Rail Protocol, officially the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Railway Rolling Stock was adopted on 23 February 2007 at a diplomatic conference in Luxembourg and applies to railway rolling stock (broadly defined as "vehicles movable on a fixed railway track or directly on, above or below a guideway").
The protocol establishes an international registry located in Luxembourg at which all international interests under the protocol will be registrable. The registry will also issue unique identifiers for rolling stock on request. Regulis S.A., a subsidiary of SITA, was appointed in November 2014 to act as Registrar. The protocol requires ratification by 4 countries, together with a certification by the secretariat to the Supervisory Authority that the registry is fully operational, in order to enter into force. Currently, it has been signed by France, Gabon, Germany, Italy, Luxembourg, Mozambique, Switzerland, Sweden, the UK as well as the European Union, while it has been ratified by the European Union and 3 states: Gabon, Luxembourg and Sweden.
The Space Assets protocol, or Berlin Space Protocol(officially Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets) was concluded on 9 March 2012 and requires 10 ratifications before entry into force. The protocol applies to objects functioning in space like satellites or satellite parts. The convention was strongly opposed by the satellite industry, claiming that it would lead to increased bureaucracy and "make the financing of new satellite projects more difficult and expensive". The convention has been signed by 4 countries (Burkina Faso, Germany, Saudi Arabia, Zimbabwe), but no country has ratified it.
On 22 November 2019, a fourth protocol to the convention was adopted to extend the convention's framework to mining, agricultural, and construction (MAC) equipment, named 'Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to mining, agricultural, and construction equipment.The protocol was signed by 4 states (Congo, Gambia, Nigeria and Paraguay) upon its adoption and requires 5 ratifications before entry into force (provided the registry is operational then). On 1 October 2020, the United States of America signed the MAC Protocol bringing the total number of signatories to 5
The European Convention on Human Rights (ECHR) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity.
The Outer Space Treaty, formally the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is a treaty that forms the basis of international space law. The treaty was opened for signature in the United States, the United Kingdom, and the Soviet Union on 27 January 1967, and entered into force on 10 October 1967. As of June 2020, 110 countries are parties to the treaty, while another 23 have signed the treaty but have not completed ratification. In addition, Taiwan, which is currently recognized by 14 UN member states, ratified the treaty prior to the United Nations General Assembly's vote to transfer China's seat to the People's Republic of China (PRC) in 1971.
Space law is the body of law governing space-related activities, encompassing both international and domestic agreements, rules, and principles. Parameters of space law include space exploration, liability for damage, weapons use, rescue efforts, environmental preservation, information sharing, new technologies, and ethics. Other fields of law, such as administrative law, intellectual property law, arms control law, insurance law, environmental law, criminal law, and commercial law, are also integrated within space law.
The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972, commonly called the "London Convention" or "LC '72" and also abbreviated as Marine Dumping, is an agreement to control pollution of the sea by dumping and to encourage regional agreements supplementary to the Convention. It covers the deliberate disposal at sea of wastes or other matter from vessels, aircraft, and platforms. It does not cover discharges from land-based sources such as pipes and outfalls, wastes generated incidental to normal operation of vessels, or placement of materials for purposes other than mere disposal, providing such disposal is not contrary to aims of the Convention. It entered into force in 1975. As of September 2016, there were 89 Parties to the Convention.
UNIDROIT is an intergovernmental organization whose objective is to harmonize international private law across countries through uniform rules, international conventions, and the production of model laws, sets of principles, guides and guidelines. Established in 1926 as part of the League of Nations, it was reestablished in 1940 following the League's dissolution through a multilateral agreement, the UNIDROIT Statute. As at 2019 UNIDROIT has 63 member states.
The Hague Conference on Private International Law (HCCH) is an intergovernmental organisation in the area of private international law, that administers several international conventions, protocols and soft law instruments.
The Framework Convention for the Protection of National Minorities (FCNM) is a multilateral treaty of the Council of Europe aimed at protecting the rights of minorities. It came into effect in 1998 and by 2009 it had been ratified by 39 member states.
The Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography is a protocol to the Convention on the Rights of the Child and requires parties to prohibit the sale of children, child prostitution and child pornography.
Global commons is a term typically used to describe international, supranational, and global resource domains in which common-pool resources are found. Global commons include the earth's shared natural resources, such as the high oceans, the atmosphere and outer space and the Antarctic in particular. Cyberspace may also meet the definition of a global commons.
European Union (EU) concepts, acronyms, and jargon are a terminology set that has developed as a form of shorthand, to quickly express a (formal) EU process, an (informal) institutional working practice, or an EU body, function or decision, and which is commonly understood among EU officials or external people who regularly deal with EU institutions.
The Convention on Registration of Objects Launched into Outer Space was adopted by the United Nations General Assembly in 1974 and went into force in 1976. As of December 2018, it has been ratified by 69 states.
The politics of outer space includes space treaties, law in space, international cooperation and conflict in space exploration, international economics and the hypothetical political impact of any contact with extraterrestrial intelligence.
The Intergovernmental Organisation for International Carriage by Rail, is an intergovernmental organisation that governs international rail transport. As of 2019, 51 European, African, and Near Eastern states are members of OTIF. M. Wolfgang Küpper has been the Secretary general since April 2019.
Justice Jean-Paul Beraudo is a lawyer, academic and author of legal works. He was Justice at the French Supreme Court and Vice-Chairman of the International Court of Arbitration. He lectures on International Private Law and International Trade Law at Panthéon-Sorbonne University and on Company law at Sciences-Po, Paris. The International Institute for the Unification of Private Law (UNIDROIT) appointed him correspondent for France and a member of the scientific committee.
The Hague Hijacking Convention is a multilateral treaty by which states agree to prohibit and punish aircraft hijacking. The convention does not apply to customs, law enforcement or military aircraft, thus it applies exclusively to civilian aircraft. The convention only addresses situations in which an aircraft takes off or lands in a place different from its country of registration. The convention sets out the principle of aut dedere aut judicare—that a party to the treaty must prosecute an aircraft hijacker if no other state requests his or her extradition for prosecution of the same crime.
The Protocol against the Illicit Manufacturing and Trafficking in Firearms, Their Parts and Components and Ammunition is a treaty on anti-arms trafficking including Small Arms and Light Weapons that is supplemental to the Convention against Transnational Organized Crime. It is one of the so-called Palermo protocols.
The Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation is a multilateral treaty by which states agree to prohibit and punish behaviour which may threaten the safety of civil aviation.
The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification of every single signatory.
Charles ("Chuck") W. Mooney Jr. is the Charles A. Heimbold, Jr. Professor of Law at the University of Pennsylvania Law School, as well as the former interim Dean of the law school.
Sergio Marchisio is a full professor at Sapienza University of Rome. He also serves as an expert legal consultant for the Italian Ministry of Foreign Affairs and as a delegate to various international organizations and conferences.
|Wikisource has original text related to this article:|