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Convention on International Interests in Mobile Equipment and the Protocol thereto on Matters Specific to Mining, Agricultural and Construction Equipment: Official Commentary

Convention on International Interests in Mobile Equipment and the Protocol thereto on Matters Specific to Mining, Agricultural and Construction Equipment: Official Commentary

Author: Sir Roy Goode
Publisher: UNIDROIT
ISBN: 9788886449410
Published In: April 2021
Format: Paperback
Jurisdiction: Italy ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

The Pretoria Protocol to the 2001 Cape Town Convention on international interests in mobile equipment is the fourth Protocol to this hugely successful convention, which has now been ratified by 82 States and its associated Aircraft Protocol by 79 States, together in each case with what is now the European Union.

The Pretoria Protocol, adopted in Pretoria in November 2019, covers mining, agricultural and construction equipment. An economic impact assessment has projected that adoption of the Protocol, which with the Convention provides an international legal regime covering the creation, registration and priority of international interests in MAC equipment, with strong protection for the creditor in the event of the debtor’s insolvency, will result in an increase MAC equipment stock by USD 10 billion over a 10-year period in both developing and exporting economies.

Professor Sir Roy Goode, who has prepared this new Official Commentary on the Convention and Pretoria Protocol, is uniquely qualified for this task, being the author of all the preceding Official Commentaries as mandated to him by successive Diplomatic Conference, at which he was either Chairman of the Drafting Committee or Rapporteur. The first of these Official Commentaries, covering aircraft objects, is now in its fourth edition (May 2019). The Pretoria Official Commentary, which builds on this, has been enriched by new analysis. It consists of narrative text, annotations to the two instruments containing 77 illustrative examples and several appendices, together running to some 790 pages. It provides a comprehensive and authoritative guide which is indispensable for all manufacturers, financiers, lessors and their legal advisors involved in transactions relating to MAC equipment.

Acknowledgments

Introductory Note by the Chair of the Commission of the Whole Glossary

Table of Convention Articles

Table of Pretoria Protocol Articles

Introduction

Part 1: A brief history of the Cape Town Convention and its Protocols

Part 2: A review of the Convention

Part 3: A review of the Pretoria Protocol

Part 4: Annotation of the Convention on International Interests in Mobile Equipment

Part 5: Annotation of the Pretoria Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to MAC Equipment

Annex 1: Mining Equipment

Annex 2: Agricultural Equipment

Annex 3: Construction Equipment

Appendices

1. Convention on International Interests in Mobile Equipment

2. Pretoria Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Mining, Agricultural and Construction Equipment

3. Final Act of the diplomatic Conference

4. Resolution No.

1 of the Diplomatic Conference relating to the establishment of the Preparatory Commission for the establishment of the International Registry for mining, agricultural and construction

equipment

5. Resolution No.

2 of the Diplomatic Conference, relating to the establishment of the Supervisory Authority of the International Registry for mining, agricultural and construction equipment

6. Resolution No.

3 of the Diplomatic Conference, relating to technical assistance with regard to the implementation and use of the International Registry for mining, agricultural and construction equipment

7. Resolution No.

4 of the Diplomatic Conference, relating to the Official Commentary on the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Mining, Agricultural and Construction equipment

8. Resolution No.

5 of the Diplomatic Conference, expressing the gratitude of the Conference to the Government of the Republic of South Africa for hosting and organising the Conference

9. Matrix of declarations permitted under the Convention and Pretoria Protocol

10. Tables of declarations:

10A. Declarations made by each Contracting State under the Convention

10B. Declarations made by each Contracting State under the Pretoria Protocol

10C. Type of Non-Consensual Rights and Interests Declared by Contracting States under Convention Article 39(1)(a)

10D. Type of Non-Consensual Rights and Interests Declared by Contracting States under Convention Article 40

10E. Glossary of Declarations Capable of Being Made by Contracting States under the Convention and Pretoria Protocol

11. Chronology of events concerning the development of the Convention and Pretoria Protocol up to and including the diplomatic Conference

12. List of key documents published by UNIDROIT in connection with the development of the Convention and Pretoria Protocol

Index