This section contains books which comprehensively consider the Cape Town Convention and its Protocols:

Note: When you click on ‘External’, you will be taken away from this website. The copyright for articles listed in the table below with ‘External’ links is not owned by the Cape Town Convention Academic Project. The links serve to facilitate access to these articles.

TitleAuthor(s)Book Description (from Publisher)YearPublisherLanguageAccess
The Cape Town Convention:
A Documentary History
Anton Didenko

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.

2021Hart PublishingEnglish
Secured Transactions Law in AsiaLouise Gullifer, Dora Neo

This collection of essays offers a unique insight and overview of the secured transactions law in many of the most important countries in Asia, as well as reflections on the need for, benefits of and challenges for reform in this area of the law.

The book provides a mixture of general reflections on the history, successes and challenges of secured transaction law reform, and critical discussion of the law in a number of Asian countries. In some of the countries, the law has already been reformed, or reform is under way, and here the reforms are considered critically, with recommendations for future work. In other countries, the law is not yet reformed, and the existing law is analysed so as to determine what reform is desirable, and whether it is likely to take place.

First, this book will enable those engaging with the law in Asia to understand better the contours of the law in both civil and common law jurisdictions. Second, it provides analytical insights into why secured transactions law reform happens or does not happen, the different methods by which reform takes place, the benefits of reform and the difficulties that need to be overcome for successful reform. Third, it discusses the need for reform where none has yet taken place and critically assesses the reforms which have already been enacted or are being considered. In addition to providing a forum for discussion in relation to the countries in question, this book is also a timely contribution to the wider debate on secured transactions law reform which is taking place around the world.

2021Hart PublishingEnglish
Secured Transactions Law Reform in AfricaMarek Dubovec, Louise Gullifer

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.

2019Hart PublishingEnglish
Security Interests under the Cape Town Convention on International Interests in Mobile EquipmentSanam Saidova

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.

2018Hart PublishingEnglish
Security Interests in Mobile EquipmentIwan Davies

This title was first published in 2002: This collection of essays marks the formal launch of the Centre for Instalment Credit Law at the University of Wales, Swansea. Divided into three sections, it examines the concept of security within domestic law; considers the choice of law rules; and ponders development of uniform law.

Implementing the Cape Town Convention and the Domestic Laws on Secured TransactionsSouichirou Kozuka

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.

Aircraft Operating Leasing: A Legal and Practical Analysis in the Context of Public and Private International Air Law, 2nd EdDonal Patrick Hanley

Aircraft Operating Leasing is the first comprehensive description of lease law as applied to aircraft. Although aircraft leasing is comparatively new as a commercial activity (less than forty years old in practical terms), already well over a quarter of the world’s commercial aircraft fleet is leased. The legal significance of aircraft leasing is, therefore, growing very quickly. Bringing together the laws affecting both air travel and leasing can, however, be challenging. This book is the first to assume this task in a focused way, thus providing invaluable expert guidance to practitioners handling aircraft lease agreements, as well as to legal academics and students.

2017Wolters KluwerEnglish
Practitioners’ Guide to the Cape Town Convention and The Aircraft ProtocolThe Legal Advisory Panel of the Aviation Working Group

Building on prior publications, AWG with the support of the panel has published a comprehensive practitioner’s guide designed to provide practical assistance to practitioners in working with the Cape Town Convention (CTC). The guide is updated periodically.

2020Aviation Working GroupEnglish
The Cape Town Convention: Its Application to Space Assets and Relation to the Law of Outer SpaceMark J. Sundahl

The UNIDROIT Convention on International Interests in Mobile Equipment created a new international regime of secured finance applicable to aircraft and rolling stock that facilitates the financing of this equipment by, among other things, enabling lenders to create a readily enforceable security interest in the equipment. The Space Assets Protocol extends the benefits of the convention to satellites and other space assets. This book explains the operation of the convention in a manner that is useful both to lawyers engaged in satellite finance as well as to academics who desire to obtain a more complete understanding of this treaty. The book also explores the relationship between the convention and the existing body of space law.

International Secured Transactions Law: Facilitation of Credit and International Conventions and InstrumentsOrkun Akseli

This book focuses on international harmonisation and the law of secured transactions by distilling and analysing the unifying principles of various significant international conventions and instruments such as the UN Convention on the Assignment of Receivables, the Unidroit Convention on International Factoring, the EBRD Model Law on Secured Transactions, the Unidroit Convention on the International Interests in Mobile Equipment and the UNCITRAL Legislative Guide on Secured Transactions.

International secured transactions conventions and instruments facilitate credit and promote economic activity through the creation of harmonised rules. Therefore, given the increasing globalisation of markets, international reform efforts for the harmonised modernisation of secured transactions law have gained pace over recent years. International Secured Transactions Law draws on experiences in both English and US laws in order to identify and illustrate the existing problems that need to be addressed, as well as identify potential solutions.

International Secured Transactions Law will be of interest to scholars, students interested in international commercial law, corporate law or comparative secured transactions, and practitioners involved in international commercial transactions.

Mobiliarsicherungsrechte an Luftfahrzeugen und Eisenbahnrollmaterial im nationalen und internationalen RechtsverkehrBenjamin von Bodungen

Existiert für eine dingliche Sicherheit im Ausland kein äquivalenter Sachenrechtstypus, droht ihr dort der Wirkungsverlust. Dies erschwert die Finanzierung transnational eingesetzter Mobilien wie Luftfahrzeuge und Eisenbahnrollmaterial signifikant. Hier setzt das 2006 in Kraft getretene Übereinkommen über internationale Sicherungsrechte an beweglicher Ausrüstung an. Ziel ist die Schaffung eines global durchsetzbaren Sicherungsrechtes, das durch zentrale Registrierung Vorrangwirkung im Sicherungs- und Insolvenzfall entfaltet. Seinen Auswirkungen auf das nationale Mobiliarsicherungsrecht sowie das Internationale Sachenrecht insgesamt spürt diese Arbeit nach.