Cape Town Convention on International Interests in Mobile Equipment | |
---|---|
Signed | 16 November 2001 |
Location | Cape Town, South Africa |
Effective | 1 March 2006 |
Condition | 3 ratifications |
Parties | 84 |
Depositary | International Institute for the Unification of Private Law |
Citations | 2307 U.N.T.S. 285 |
Languages | English, Arabic, Chinese, French, Russian and Spanish |
Full text | |
Convention on International Interests in Mobile Equipment at Wikisource |
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, and the railway rolling stock Protocol entered into force in 2024. [1] The others are not yet 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. [2] The treaty came into force on 1 March 2006, [3] 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 9 countries: Ethiopia, Ireland, Malaysia, Nigeria, Oman, Panama, Pakistan, and the United States.
As of 2024, the convention has been ratified by 87 states as well as the European Union. Most of those parties are also party to the Aircraft protocol. The railway rolling stock Protocol has been ratified by four countries (Gabon, Luxembourg, Spain and Sweden), as well as the European Union and came into effect in March 2024. The space assets Protocol has been ratified by no countries and remains not in force. 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 | 88 (3) |
Aircraft Protocol | 16 November 2001 | Cape Town | 1 March 2006 | 23 | 85 (8) |
Railway Rolling Stock Protocol | 23 February 2007 | Luxembourg | 8 March 2024 | 8 | 5 (4) |
Space Assets Protocol | 9 March 2012 | Berlin | - | 4 | 0 (10) |
Mining, Agricultural and Construction Equipment (MAC) | 22 November 2019 | Pretoria | - | 7 | 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. [4] 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. [5] As of 2022, the protocol has 81 contracting parties, which includes 80 states and the European Union.
State | Date of Ratification/ Accession | Comments |
---|---|---|
Afghanistan | 25 July 2006 | |
Albania | 30 October 2007 | |
Angola | 30 April 2006 | |
Argentina | 10 January 2018 | |
Australia | 26 May 2015 | |
Bahrain | 27 November 2012 | |
Bangladesh | 15 December 2008 | |
Belarus | 27 September 2011 | |
Bhutan | 4 July 2014 | |
Brazil | 30 November 2011 | |
Burkina Faso | 8 September 2017 | |
Cameroon | 14 April 2011 | |
Canada | 21 December 2012 | New Brunswick: effective 1 July 2016 Yukon: effective 1 October 2014 others: 1 April 2013 |
Cape Verde | 26 September 2007 | |
China | 3 February 2009 | Excluding Hong Kong Macao |
Colombia | 19 February 2007 | |
Congo | 13 March 2013 | |
Democratic Republic of Congo | 6 May 2016 | |
Costa Rica | 8 August 2018 | |
Côte d'Ivoire | 1 March 2016 | |
Cuba | 28 January 2009 | |
Denmark | 26 October 2015 | |
Egypt | 10 December 2014 | |
Ethiopia | 21 November 2003 | |
European Union | 28 April 2009 | Only as far as it has competency over subjects of the convention/ protocol. Not applicable to Denmark |
Fiji | 30 May 2012 | |
Gabon | 4 April 2017 | |
Ghana | 20 December 2018 | |
Iceland | 23 June 2020 | |
India | 31 March 2008 | |
Indonesia | 16 March 2007 | |
Ireland | 23 August 2005 | |
Jordan | 31 August 2010 | |
Kazakhstan | 1 June 2011 | |
Kenya | 13 October 2006 | |
Kuwait | 31 October 2013 | |
Kyrgyzstan | 13 May 2021 | |
Latvia | 8 February 2011 | |
Luxembourg | 27 June 2008 | |
Madagascar | 15 December 2008 | |
Malawi | 10 April 2013 | |
Malaysia | 16 January 2014 | |
Malta | 1 October 2010 | |
Mexico | 31 July 2007 | |
Moldova | 19 February 2019 | |
Mongolia | 19 October 2006 | |
Mozambique | 18 July 2013 | |
Myanmar | 3 December 2012 | |
Namibia | 23 July 2018 | |
Kingdom of the Netherlands | 17 May 2010 | Not European Netherlands Only for Aruba Curaçao Sint Maarten Caribbean Netherlands |
New Zealand | 20 July 2010 | |
Nigeria | 16 December 2003 | |
Norway | 20 December 2010 | |
Oman | 21 March 2005 | |
Pakistan | 22 January 2004 | |
Panama | 28 July 2003 | |
Paraguay | 19 December 2018 | |
Qatar | 8 January 2020 | |
Romania | 30 March 2018 | |
Russia | 25 May 2011 | |
Rwanda | 28 January 2010 | |
San Marino | 9 September 2014 | |
Saudi Arabia | 27 June 2008 | |
Senegal | 9 January 2006 | |
Sierra Leone | 26 July 2016 | |
Singapore | 28 January 2009 | |
South Africa | 18 January 2007 | |
Spain | 27 November 2015 | |
Swaziland | 17 November 2016 | |
Sweden | 30 December 2015 | |
Tajikistan | 31 May 2011 | |
Tanzania | 30 January 2009 | |
Togo | 1 December 2011 | |
Turkey | 23 August 2011 | |
Ukraine | 31 July 2012 | |
United Arab Emirates | 29 April 2008 | |
United Kingdom | 27 July 2015 | Extended to Cayman Islands, Gibraltar and Guernsey (2015), and the Isle of Man and Bermuda (2017) |
United States | 28 October 2004 | |
Uzbekistan | 31 January 2018 | |
Vietnam | 17 September 2014 | |
Zambia | 7 September 2020 |
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"). It came into force on 8 March 2024.
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 required 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, South Africa, Spain, Switzerland, Sweden, the UK as well as the European Union, while it has been ratified by the European Union and 4 states: Gabon, Luxembourg, Spain and Sweden.
The Space Assets protocol, or Berlin Space Protocol [6] (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. [7] The protocol applies to objects functioning in space like satellites or satellite parts. [8] 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". [9] The convention has been signed by 5 countries (Burkina Faso, Germany, Saudi Arabia, United States and 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. [10] 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 and in 2022 the European Union bringing the total number of signatories to 6 [11]
The European Convention on Human Rights 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.
Arms control is a term for international restrictions upon the development, production, stockpiling, proliferation and usage of small arms, conventional weapons, and weapons of mass destruction. Historically, arms control may apply to melee weapons before the invention of firearm. Arms control is typically exercised through the use of diplomacy which seeks to impose such limitations upon consenting participants through international treaties and agreements, although it may also comprise efforts by a nation or group of nations to enforce limitations upon a non-consenting country.
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 multilateral treaty that forms the basis of international space law. Negotiated and drafted under the auspices of the United Nations, it was opened for signature in the United States, the United Kingdom, and the Soviet Union on 27 January 1967, entering into force on 10 October 1967. As of March 2024, 115 countries are parties to the treaty—including all major spacefaring nations—and another 22 are signatories.
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.
The UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, usually known as the Aarhus Convention, was signed on 25 June 1998 in the Danish city of Aarhus. It entered into force on 30 October 2001. As of March 2014, it had 47 parties—46 states and the European Union. All of the ratifying states are in Europe and Central Asia. The EU has begun applying Aarhus-type principles in its legislation, notably the Water Framework Directive. Liechtenstein and Monaco have signed the convention but have not ratified it.
UNIDROIT is an intergovernmental organization whose objective is to harmonize private international 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 of 2023 UNIDROIT has 65 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 Prüm Convention is a law enforcement treaty which was signed on 27 May 2005 by Austria, Belgium, France, Germany, Luxembourg, the Netherlands and Spain in the town of Prüm in Germany, and which is open to all members of the European Union, 14 of which are currently parties.
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 February 2022, it has been ratified by 72 states.
In the European Union (EU), enhanced cooperation is a procedure where a minimum of nine EU member states are allowed to establish advanced integration or cooperation in an area within EU structures but without the other member states being involved. As of October 2017, this procedure is being used in the fields of the Schengen acquis, divorce law, patents, property regimes of international couples, and European Public Prosecutor and is approved for the field of a financial transaction tax.
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 Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, also referred to as the Hague Maintenance Convention or the Hague Child Support Convention is a multilateral treaty governing the enforcement of judicial decisions regarding child support extraterritorially. It is one of a number of conventions in the area of private international law of the Hague Conference on Private International Law in 2007. The convention is open to all states as well as to Regional Economic Integration Organizations as long as they are composed of sovereign states only and have sovereignty in the content of the convention. The convention entered into force on 1 January 2013 between Norway and Albania and applies now in 52 countries worldwide.
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 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 Council of Europe Convention on the Protection of Children Against Sexual Exploitation and Sexual Abuse, also known as the Lanzarote Convention, is a Council of Europe multilateral treaty whereby states agree to criminalise certain forms of sexual abuse against children. It is the first international treaty that addresses child sexual abuse that occurs within the home or family.
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.
The Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, also known as the Strasbourg Convention or CETS 141, is a Council of Europe convention which aims to facilitate international co-operation and mutual assistance in investigating crime and tracking down, seizing and confiscating the proceeds thereof. The Convention is intended to assist States in attaining a similar degree of efficiency even in the absence of full legislative harmony.
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.