5 Cape Town Convention J. 1 (2016)

handle is hein.journals/captowjo5 and id is 1 raw text is: 

Cape  Town   Convention journal, 2016                                                     1Z Routledge
Vol. 5, No.  1, 1-21,  http://dx.doi.org/10.1080/2049761X.2016.1252136                    R  Taylor&FrancdsGroup





CTC in Europe: assessment of ratifications to date

and implications of Brexit on the ratification by the UK



Kenneth Gray*


Since the Cape Town Convention (CTC) first came into force in 2006, the rate ofratifications by European jurisdictions has
dramatically accelerated. Seventeen jurisdictions forming part the European continent, including nine currently within the EU,
are now Contracting States. Six of those have ratififed within the past two years alone.
  In ratifying the CTC, the European Union (EU) has asserted competence in respect of those provisions regarding choice of
law, jurisdiction and insolvency. That assertion, ifcorrect, leaves the Member States unable to make declarations in respect of
those matters.
   On 23June  2016,  a referendum in the UK on its continued membership of the EU resulted in a vote to leave. The
departure of the UK from the EU raises the question of whether any further action is required by the UK in connection
with its ratification, whether any new declarations will be required to be made by the UK and whether any new legislation
will be required in the UK to ensure that the CTC remains in effect.


   * Kenneth  Gray is a Consultant at Norton Rose
Fulbright LLP and has 30 years' experience of advising
on  banking  and  security law globally. He joined
Norton  Rose  (as it then was) in 1986, founded its
Paris office in 1990 and became a Partner in 1993. He
has been  a Consultant  to the practice since 2006.
Kenneth  focuses primarily on strategic issues (such as
Brexit, the impact of  new  sources of finance, the
implementation  of the Basel Accords and the Cape
Town   Convention). Kenneth has an MA  from  Cam-
bridge University and has qualified as a solicitor in
England  and Wales and as an avocat at the Paris bar.
He  is a member of the Legal Advisory Panel to the Avia-
tion Working  Group.
    Anna  Veneziano  of Unidroit, Rasmus  Mandoe
Jensen  and  Mette  Riber  Rasmussen   of  Plesner,
Denmark, Max Ganado, Daniel Aquilina and
Matthew   Xerri  of Ganado  Advocates,  Malta, Pl
Sveinsson of Arntzen  de Besche  Advokatfirma  AS,
Norway,  Maxim   Astafiev, Deputy Director of Legal
Support, S7 Group,  Russia, Teresa Rodriguez de las
Heras  Ballell , Universidad Carlos III de Madrid,
Spain, Henril Ossborn  and Fredrik Christiansson of
Advokatfirman Vinge  KB, Sweden  and Ivan Zievakov
of Lexwell  and  Partners, Ukraine have all assisted
with, and provided content for, this article. I am grateful
for their invaluable assistance. Any errors are my
responsibility.


1.   Introduction

In the 10 years since the Convention on Inter-
national  Interests in Mobile   Equipment (the
'Cape   Town Convention' (CTC)) and the
Protocol  thereto on Matters  Specific to Aircraft
Equipment (the 'Protocol', and together the
'Convention')   first came  into  force in  2006,
they  have   been   ratified by  17  jurisdictions
wholly  or partly forming  part of the European
continent,'  of which  nine  are currently in the
European   Union2   (EU). The  EU   has itself rati-
fied the Convention as a 'Regional Economic
Integration  Organisation'.
   This paper  considers:

   (a) the ratification of the Convention  by the
       EU;

    Albania, Belarus, Denmark, Gibraltar, Guernsey,
Ireland, Latvia, Luxembourg, Malta, Norway, Russia,
San Marino, Spain, Sweden, Turkey, Ukraine and the
UK.
   2 Denmark, Gibraltar, Ireland, Latvia, Luxembourg,
Malta, Spain, Sweden and the UK.


C 2016 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group
This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/icenses/
by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.


Cape  Town  Convention  journal


2016


1

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