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Convention on International Interests in Mobile Equipment and the Luxembourg Protocol on Matters Specific to Railway Rolling Stock Official Commentary 2nd ed


ISBN13: 9788886449298
Previous Edition ISBN: 9788886449175
Published: January 2014
Publisher: UNIDROIT
Country of Publication: Italy
Format: Paperback
Price: £195.00



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An accompanying volume to the Official Commentary on the Cape Town Convention and Aircraft Protocol, which quickly became the bible for all those engaged in transactions involving the Cape Town Convention and Aircraft Protocol, this volume is an indispensable guide to the Cape Town Convention and Rail Protocol to all those that operate in the Rail Industry...

The Convention on International Interests in Mobile Equipment was concluded at a Diplomatic Conference held in Cape Town, South Africa, in November 2001. The Convention is one of the most ambitious and imaginative commercial law Conventions ever to have been concluded. It provides for an international legal regime for the creation, perfection and priority of security, title retention and leasing interests in aircraft equipment, railway rolling stock and space assets, and for an International Registry to record those interests, with a view to reducing the risks and costs involved in financing high-value mobile equipment.

The Official Commentary on the Convention on International Interests in Mobile Equipment and Aircraft Protocol, produced by Professor Sir Roy Goode pursuant to a Resolution of the Cape Town Diplomatic Conference, was published in 2002, and quickly became the definitive guide to the Convention and the Aircraft Protocol. Following the entry into force in March 2006 of the Aircraft Protocol, which applies the Convention in relation to aircraft equipment, a Diplomatic Conference held in Luxembourg in February 2007 adopted the Luxembourg Protocol to the Convention on International Interest in Mobile Equipment on Matters Specific to Railway Rolling Stock which provides for the application of the Convention to railway rolling stock.

In the Official Commentary on the Convention on International Interests in Mobile Equipment and Luxembourg Protocol, Sir Roy has undertaken an expansive, up-todate examination of the Convention and Luxembourg Protocol, taking into account all of the major developments that have occurred since the adoption of the Convention. The Official Commentary is an essential guide for all those interested or involved in railway finance and leasing.

Professor Sir Roy Goode, CBE, QC, is Emeritus Professor of Law in the University of Oxford, Emeritus Fellow of St John’s College, Oxford, and a Fellow of the British Academy. As Chairman of the UNIDROIT Study Group that initiated this project, Rapporteur to the three Joint Sessions of the UNIDROIT committee of governmental experts and the ICAO Legal Sub-Committee, Chairman of the Drafting Committee at the Cape Town Diplomatic Conference, and Rapporteur to the Luxembourg Diplomatic Conference, Sir Roy was uniquely qualified to fulfil the mandate given to him by the Luxembourg Diplomatic Conference to prepare an Official Commentary.

Subjects:
Commercial Law
Contents:
Acknowledgments
Glossary of instruments
Table of Convention Articles
Table of Luxembourg Protocol Articles
Introduction
Part 1 A brief history of the Convention and Luxembourg Protocol
Part 2 A review of the Convention
Part 3 A review of the Luxembourg Protocol
Part 4 Annotation of the Convention on International Interests in Mobile
Equipment
Part 5 Annotation of the Protocol to the Convention on International Interests in
Mobile Equipment on Matters Specific to Railway Rolling Stock
(Luxembourg Protocol)

Appendices
Appendix I Convention on International Interests in Mobile Equipment
Appendix II Luxembourg Protocol
Appendix III Final Act of the diplomatic Conference
Appendix IV Resolution No.
1 of the diplomatic Conference, relating to the
establishment of the Supervisory Authority and the International Registry
for railway rolling stock
Appendix V Resolution No.
2 of the diplomatic Conference, relating to technical
assistance with regard to the implementation and use of the International
Registry for railway rolling stock
Appendix VI Resolution No.
3 of the diplomatic Conference, expressing the gratitude of
the Conference to the Government of Luxembourg for organising the
Conference and designating Luxembourg as host State of the International
Registry for railway rolling stock
Appendix VII Resolution No.
4 of the diplomatic Conference relating to the Official
Commentary on the Luxembourg Protocol
Appendix VIII Resolution No.
5 of the diplomatic Conference, relating to Article 2(3)(c)
and Article 51 of the Convention on International Interests in Mobile
Equipment
Appendix IX Resolution No.
6 of the diplomatic Conference concerning the regimen of
the Registrar’s liability under Article XV(5) of the Protocol
Appendix X The Cape Town Convention and Luxembourg Protocol: Declarations
Matrix
Appendix XI Chronology of the development of the Cape Town Convention and
Protocols thereto up to and including the Luxembourg diplomatic
Conference
Appendix XII List of key documents published by UNIDROIT and OTIF in connection
with the development of the Cape Town Convention and Luxembourg
Protocol
Index