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Author: Royston Miles Goode Publisher: Hart Publishing ISBN: Category : Law Languages : en Pages : 470
Book Description
The 2001 Cape Town Convention on International Interests in Mobile Equipment and 2007 Luxembourg Protocol on Matters Specific to Railway Rolling Stock represents one of the most ambitious and imaginative private commercial law projects ever to have been concluded. By providing an international legal regimen for security and related interests in aircraft objects, railway rolling stock and space assets, the Convention and Protocol help to reduce legal uncertainty caused by differences in national laws and thereby open up to developing countries access to finance at reasonable cost. Sir Roy Goode, who had been Chairman of the UNIDROIT Study Group that initiated the project, has prepared the commentary on the Convention which was published by UNIDROIT and is now also distributed by Hart Publishing. This authoritative Official Commentary provides a detailed analysis of the two instruments. This is an indispensable guide to all aspects of the Convention and Luxembourg Protocol and a compendious work of reference.
Author: Royston Miles Goode Publisher: Hart Publishing ISBN: Category : Law Languages : en Pages : 470
Book Description
The 2001 Cape Town Convention on International Interests in Mobile Equipment and 2007 Luxembourg Protocol on Matters Specific to Railway Rolling Stock represents one of the most ambitious and imaginative private commercial law projects ever to have been concluded. By providing an international legal regimen for security and related interests in aircraft objects, railway rolling stock and space assets, the Convention and Protocol help to reduce legal uncertainty caused by differences in national laws and thereby open up to developing countries access to finance at reasonable cost. Sir Roy Goode, who had been Chairman of the UNIDROIT Study Group that initiated the project, has prepared the commentary on the Convention which was published by UNIDROIT and is now also distributed by Hart Publishing. This authoritative Official Commentary provides a detailed analysis of the two instruments. This is an indispensable guide to all aspects of the Convention and Luxembourg Protocol and a compendious work of reference.
Author: Sanam Saidova Publisher: Bloomsbury Publishing ISBN: 1782258205 Category : Law Languages : en Pages : 422
Book Description
This book provides an extensive analytical examination of the Cape Town Convention and its Protocols. The Convention aims to facilitate asset-based financing and leasing of aircraft, railway and space objects by establishing a uniform legal regime for the creation and protection of security and related interests in these types of equipment. The book provides a detailed treatment of issues arising from the creation of security and other international interests under the Convention, from the need to ensure their priority among competing interests to the enforcement of remedies in the case of the debtor's default or insolvency. Security interests in aircraft, railway and space objects are among the most frequently invoked mechanisms used to ensure repayment of the debt. It is their significance, effectiveness and frequency of use that explains this work's focus and scope.
Author: Anton Didenko Publisher: Bloomsbury Publishing ISBN: 1509939784 Category : Law Languages : en Pages : 234
Book Description
This book is the first detailed and comprehensive research of the history of the Cape Town Convention and its protocols. It critically engages with the challenges faced by the developers of this treaty, analyses thousands of pages of archived materials and derives important lessons for the development of transnational commercial law globally. The book is an invaluable addition to the existing literature on the Cape Town Convention. It also informs the debate about harmonisation of secured transactions regimes generally, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. Practising lawyers will better understand the rationale behind the key provisions of the Cape Town Convention, while the treaty-making lessons will assist governmental officials, representatives of international organisations and legal advisors engaged in harmonisation of commercial law. The text covers all four protocols to the Cape Town Convention, including the MAC Protocol adopted on 22 November 2019 in Pretoria.
Author: Souichirou Kozuka Publisher: Springer ISBN: 3319464701 Category : Law Languages : en Pages : 379
Book Description
This book offers the analysis of the relationship between the Cape Town Convention and national laws on secured transactions. The first part of the book considers why national implementation is so important in the case of the Cape Town Convention and identifies how innovative the Convention is as a uniform law instrument. The second part includes chapters on those states that are Parties to the Cape Town Convention, which analyse how the Convention is implemented under the domestic law. The third part includes chapters on those states that are not Parties to the Convention, which compare their national laws and the Convention to find unique features of the Cape Town Convention’s rules. The fourth part discusses the meaning of Protocols on aircraft, railway rolling stock and space assets from the practitioner’s point of view. As a whole, the book offers insights into the new stage of uniform private law and shows the need for further examination of the subject, which will be essential for international and national legislators, academics of comparative and international private law as well as practitioners who are the users of the uniform law regime.
Author: Marek Dubovec Publisher: Bloomsbury Publishing ISBN: 1509913092 Category : Law Languages : en Pages : 586
Book Description
Over the last few decades, many countries have reformed their secured transactions law. One of the main reasons has been the clear link between reform and the availability of credit, and the drive to improve access to finance, particularly for micro, small and medium-sized enterprises. This book focuses particularly on developing economies in Africa, which have legal frameworks influenced by English, French, Belgian, Roman-Dutch and other laws. Reform in this area of law across African countries has taken a number of forms, which are explored and discussed in this book. Secured Transactions Law Reform in Africa is a mixture of a critical description of the pre-reform law and practice, and the reform process itself. It also includes a comparative analysis of the legal provisions and an examination of the early results of the reforms. The book sets out a road map for the future of secured transactions reform; primarily in Africa, but also in other countries that have undertaken or are contemplating similar reforms. This book is the second in a series of books about Secured Transactions Law in countries around the world, and its reform, both on a national and an international scale. The first book, Secured Transactions Law Reform: Principles, Policies and Practice, was published in 2016.
Author: John G. Sprankling Publisher: OUP Oxford ISBN: 0191502529 Category : Law Languages : en Pages : 457
Book Description
Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.
Author: Lena Peters Publisher: Kluwer Law International B.V. ISBN: 9403515678 Category : Law Languages : en Pages : 260
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of International Institute for the Unification of Private Law (UNIDROIT) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of International Institute for the Unification of Private Law (UNIDROIT) for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.
Author: Royston Miles Goode
Author: Royston Miles Goode
Author: Sanam Saidova
Author: Anton Didenko
Author: Royston Miles Goode
Author: Souichirou Kozuka
Author: Roy Goode
Author: Marek Dubovec
Author: John G. Sprankling
Author: Lena Peters
Author: Royston Miles Goode