THE 2001 CAPE TOWN CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT AND AIRCRAFT EQUIPMENT PROTOCOL: INTERNATIONALISING ASSET-BASED FINANCING PRINCIPLES FOR THE ACQUISITION OF AIRCRAFT AND ENGINES

摘要

On November 16, 2001, delegations from 68 States and 14 international organizations, meeting in diplomatic conference in Cape Town, South Africa, adopted the Cape Town Convention on International Interests in Mobile Equipment- and the Aircraft Equipment Protocol thereto. This event was particularly noteworthy for a number of reasons: it was the first major diplomatic conference ever held in South Africa's "mother city" and the first time that Cape Town has given its name to an international treaty; it broke new ground in enshrining asset-based financing principles in a multilateral treaty applicable to aircraft and engines; it demonstrated unprecedented cooperation between the International Institute for the Unification of Private Law (Unidroit) and the International Civil Aviation Organization (ICAO), the two organizations under whose aegis the Diplomatic Conference was convened; it represented the culmination of almost unprecedented public-private sector cooperation among governments, international organizations and the aviation industry, including aerospace manufacturers, aircraft and engine leasing companies, banks and other lending institutions engaged in financing aircraft and engine acquisition; and it laid the groundwork for the negotiation and adoption of at least two further Protocols to the Cape Town Convention: one on Railway Rolling Stock and one on Space Assets.