Global ETD Search

1	Principles of implementation : a comparative analysis of the Cape Town Convention's remedies Traschler, Thomas January 2017 (has links) The Cape Town Convention and the Aircraft Protocol came into force on 1st March 2006. To date, the Convention has seventy-four States Parties, the Aircraft Protocol sixty-eight States Parties, and together they can be regarded as one of the most successful recent commercial law treaties. The Convention's overriding object is to offer creditors the highest possible protection in the form of an effective, speedy and strong legal remedial framework for the international enforcement of creditors rights in the event of the debtor's default or insolvency. The underlying rationale is that this will lead to significant reductions in borrowings costs for lenders to the advantage of all interested stakeholders in the aircraft sector. However, without effective implementation of the remedial system of the Convention and the Aircraft Protocol, it is difficult for financiers to have confidence that they are able to defend their legal rights effectively. This thesis investigates the structure and contents of the Convention's remedial system in a chronological order, but it does not purport to be a comprehensive and systematic monograph on the Convention's remedies as already done by the Convention's Official Commentary. It consists of four parts each of which investigates a particular core aspect of the implementation and operation of the Convention's remedial system in practice. In particular, it investigates the Convention's declaration system, and its procedural, substantive and insolvency remedies to ensure an effective and comprehensive protection of creditors in aircraft finance. In doing so, it identifies critical lessons for the implementation of the treaty in civil and common law jurisdictions.
2	Nya perspektiv på fastighetstillbehör : Om Immovable-associated equipment i MAC-protokollet till Kapstadskonventionen Skorup Averås, Karl January 2021 (has links) No description available. MAC protocol Cape Town Convention CTC Immovable-associated equipment fastighetstillbehör kapstadskonventionen mac-protokollet MAC sakrätt finansiering panträtt säkerhetsrätt lösörefinansiering säkerhetsöverlåtelse leasing sakrätt krediträtt internationell säkerhetsrätt hypotekarisk panträtt 2 kap. JB jordabalken tillbehör Law Juridik
3	Challenges to effective treaty-making in contemporary transnational commercial law : lessons from the Cape Town Convention Didenko, Anton January 2017 (has links) This thesis is the first detailed and comprehensive research of the history of the 2001 Convention on International Interests in Mobile Equipment (the 'Convention' or 'CTC') and its protocols. It is submitted that the quality of response to the various challenges of the treaty-making process can serve as a measure of a convention's success, and that the unique characteristics of the CTC make it a prime target for such research. The author identifies and analyses the most problematic issues in the process of development of the Convention and its protocols, including the latest draft protocol on mining, agricultural and construction equipment. This research focuses on the documentary history of the CTC and its Aircraft Protocol (as the only protocol currently in force), relying primarily on the materials published by UNIDROIT and other international organisations, and shows that not all of the challenges found an adequate response in the Convention. Nonetheless, the shortcomings pale in comparison with the Convention's achievements: the CTC has created a highly effective machinery for regulating international interests in mobile assets. The author does not perform empirical ex post analysis of implementation of the Cape Town Convention, but this thesis will form a solid background for such research in the future. This study, apart from its scholarly importance, has clear practical value: its conclusions (including a number of treaty-making lessons originating from this research) can assist governmental officials, representatives of international organisations and legal advisors (both external and internal) participating in the treaty-making process and, it is hoped, will strengthen he attractiveness of conventions as an instrument of harmonising commercial law in the future.

1

Page generated in 0.1129 seconds