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8 Cape Town Convention J. 1 (2022)

handle is hein.journals/captowjo8 and id is 1 raw text is: 




Cape Town  Convention Journal, Vol. 8 Issue 1, April 2022, pp. 1-2


Editorial



Jeffrey Wool
University of Oxford, UK - Executive Editor


Anton  Didenko
University of New South Wales, Australia - General Editor



This special edition of the Cape Town Convention Journal (the 'CTC Journal') intro-
duces a new  type of publication format: reports on the proceedings of annual confer-
ences held under  the auspices of the Cape  Town   Convention  Academic   Project
('CTCAP')  held in 2019 (in Oxford) and 2020  (in Rome). As in previous years, the
format of the conferences was designed to facilitate intensive discussion, with a presenter
(the author or co-authors of the paper) and one or more commentators. We were joined by
senior academics, practitioners, representatives of international organizations and other
officials, who offered their insightful comments and enriched the debate.
   This issue covers an important period in the history of the Cape Town Convention
(the 'CTC'  or 'Convention').  On  the one hand, it follows the 2019  Diplomatic
Conference to adopt a new protocol to the CTC on mining, agricultural and construc-
tion equipment (the 'MAC  Protocol'), which represents the first expansion of the CTC
regime to cover mobile  equipment  not expressly listed in the Convention (aircraft
objects, railway rolling stock and space assets). L. Gullifer, T. Rodriguez de las
Heras Ballell and M. Dubovec  explore the relationship between the MAC   and Rail
Protocols and domestic secured transactions law. O. B6ger et al. discuss in their report
the key features and importance of an International Registry under the MAC Protocol
and outline the key underlying issues and challenges.
   On  the other hand, multiple airlines around the world have recently experienced
significant operational disruptions (for reasons that include, but are not limited to,
the COVID-19   pandemic), prompting financiers to enforce CTC security against debt-
ors in bankruptcy - thus bringing the insolvency-related provisions of the Convention
to the forefront. Several publications in this issue focus on the Oceanair litigation in
Brazil - the first large-scale insolvency in which the CTC plays a central role. A case
note by K. Basch and R. Iezzi provides a detailed description of the facts of the Ocea-
nair case, the legal arguments presented and considered by the Brazilian judiciary and
a legal analysis of the CTC violations and the impact of the case on financiers. Two
reports (by K. Basch  and J. Wool)  summarize,  respectively, the comprehensive
CTCAP conference discussions   on  (i) the misapplication of the Convention by the
Brazilian courts and (ii) the subsequent court proceedings in the United States invol-
ving the cross-border insolvency provisions of the CTC. The applicability of the Cape
Town  Convention  in US bankruptcy  courts is analysed in an article by H. Nahm.
   Beyond  reflecting the increasing level of interest towards the MAC Protocol and the
bankruptcy-related aspects of the CTC, this issue includes scholarly articles relevant
for the Cape Town  Convention  system as a whole - in line with the journal's focus
on in-depth, qualitative analysis of important, difficult or complex topics related to
the Convention  and  its protocols. Sir R. Goode offers a detailed analysis of the


© 2022 The Author                         Journal compilation © 2022 Edward Elgar Publishing Ltd
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                         and The William Pratt House, 9 Dewey Court, Northampton MA 01060-3815, USA

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