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31 Air & Space Law. [1] (2018)

handle is hein.journals/airspaclaw31 and id is 1 raw text is: THE AIR L A AMERICAN BAR ASSOCIATION & SPACE w Y B R VOLUME 31, NUMBER 1, 2018 Special Issue Perspectives on the Cape Town Convention and Aircraft Equipment Protocol By Jeffrey Klang The Convention on International Interests in Mobile Equipment (Convention) and its Protocol on Mat- ters Specific to Aircraft Equipment (Protocol) (together the Cape Town Convention or CTC) arguably has been the most important aviation treaty of our times. There is no doubt that it has improved global aviation safety by providing many countries' airlines access to safer, greener, and more technologically advanced aircraft. To date, 69 states have ratified or acceded to the Conven- tion and its Protocol. We recently passed the sixteenth anniversary of the Diplomatic Conference at which the Convention was adopted, so it is worth reflecting on the great importance of this world-changing treaty. It is also remarkable to note that the International Civil Aviation Organization (ICAO), International Insti- tute for the Unification of Private Law (UNIDROIT), and governments around the globe realized the importance of this treaty early on, opting not to delay the Diplomatic Conference even though it was scheduled in the weeks following the terrorist acts of September 11, 2001. The Protocol has already proven its effectiveness and importance in the 12 years since its entry into force. Not only has the treaty improved the ability of airlines to gain increased access to capital at reduced financing costs, while allowing aircraft and engine manufacturers the benefit of expanded markets and improved sales, but more importantly, the treaty is improving global aviation safety. This edition of The Air & Space Lawyer shines a spotlight on the North American experience in the development, ratification, and implementation of the Cape Town Convention. Louis Emery, Assistant General Coun- sel for Transportation at the Export-Import Bank of the United States (EXIM), shares his reflections on EXIM's contributions to the process. EXIM was instrumental in priming the pump, by providing significant export credit financing incentives. Scott Wilson, recently retired from Pratt & Whitney where he was Associate General Counsel, provides the engine manufacturer's perspective and high- lights the financing of aircraft engines as separate assets from the aircraft. Carlos Sierra, founding partner of Aboga- dos Sierra in Mexico City, outlines the Mexican experience and explains why it is important for states to make the right declarations to maximize the benefits of the CTC. Finally, Donald Gray and Auriol Marasco, partners of the Aviation and Aerospace Group at Blake, Cassels & Gray- don LLP in Toronto, offer the Canadian perspective, including a description of how Air Canada was able to save more than $100 million in two years as a result of the CTC being implemented in Canada. This issue also features an interview with Charles Trippe, the FAA's Chief Counsel. Mr. Trippe discusses highlights of his distinguished legal career, which include a partnership at Jones Day and serving as General Counsel to a Florida governor and at CSX. He also offers his thoughts on current challenges confronting the FAA. Finally, on pages 16 and 21, we welcome two new members to our editorial board, Terence Boga and Graham Keithley. Jeffrey Kiang (Jeffrey.Klang@faa.gov) is the FAA's Assistant Chief Counsel for International Affairs & Legal Policy, as well as the U.S. Representative to ICAO for Cape Town's Commission of Experts; he currently chairs that Commission. He also is a member of the editorial board of The Air & Space Lawyer. Published in The Air & Space Lawyer, Volume 31, Number 1, 2018. © 2018 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

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