Canadian airport authorities benefit from the right to seize and detain aircraft where airport charges remain unpaid. By objective measures, this right constitutes a preferred non-consensual right or interest that takes priority under Canadian law over all competing rights and interests in the aircraft subject to seizure and detention, including, for example, the interests of an owner, lessor or secured creditor. In this manner, airport authorities may recover outstanding user fees from both the airlines themselves and from the aircraft owners or lessors. / The Unidroit Convention attempts to harmonise the law applicable to aircraft finance transactions. As such, it targets private law rights. However, its breadth and scope touch upon the statutory rights of third parties with non-consensual interests in aircraft, including those of airport authorities to seize and detain aircraft. / The interplay between the Unidroit regime and the seizure and detention rights of Canada's airport is the focus of this academic discourse. It demonstrates that even though this right, recourse and remedy is of fundamental importance to Canada's National Airports System and its transportation infrastructure generally, the Unidroit Convention could, if implemented as drafted, effectively compromise the ability of Canadian airports to seize and detain aircraft.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.33055 |
| Date | January 2001 |
| Creators | Maniatis, Dimitri. |
| Contributors | Milde, Michael (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Air and Space Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001821982, proquestno: MQ75367, Theses scanned by UMI/ProQuest. |
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