Signatures and ratifications As of 2024, the convention has been ratified by 87 states as well as the European Union. Most of those parties are also party to the Aircraft protocol. The railway rolling stock Protocol has been ratified by four countries (Gabon, Luxembourg, Spain and Sweden), as well as the European Union and came into effect in March 2024. The space assets Protocol has been acceded to by 1 country and remains not in force. An overview of the status of the treaty and protocols is shown below:
European Union The European Union joined the convention and the Aircraft Protocol as a Regional Economic Integration Organization. On the subject of the convention, both the Member states of the European Union and the Union itself have competence: e.g. while the substantive law regarding insolvency is regulated by the states, the conflict of law-rules (which county has jurisdiction etc.) is regulated by the European Union. According to the Government of the Netherlands the acceptance of the European Union in a member state which itself is not a party to the convention has no practical consequences. The European Union ratified the Luxembourg Rail protocol in December 2014 as a Regional Economic Integration Organization on the same basis.
Protocols Aircraft Protocol The aircraft Protocol (officially: Protocol to the Convention on International Interests in Mobile Equipment on matters specific to aircraft equipment) was signed immediately with the treaty and the only protocol currently entered into force. It applies to aircraft which can carry at least eight people or 2750 kilograms of cargo, aircraft engines with thrust exceeding 1,750 pounds-force (7,800 N) or 550 horsepower (410 kW), and helicopters carrying five or more passengers. The International Registry of Mobile Assets established to record international property interests in the aircraft equipment covered by the treaty is located in Ireland. Mediation cases for leasing disputes are to be heard in the High Court of Ireland. As of 2022, the protocol has 85 contracting parties, which includes 84 states and the European Union.
Railway Rolling Stock The Railway Rolling Stock Protocol, or Luxembourg Rail Protocol, officially the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Railway Rolling Stock was adopted on 23 February 2007 at a diplomatic conference in Luxembourg and applies to railway rolling stock (broadly defined as "vehicles movable on a fixed railway track or directly on, above or below a guideway"). It came into force on 8 March 2024. The protocol establishes an international registry located in Luxembourg at which all international interests under the protocol will be registrable. The registry will also issue unique identifiers for rolling stock on request. Regulis S.A., a subsidiary of SITA, was appointed in November 2014 to act as Registrar. The protocol required ratification by 4 countries, together with a certification by the secretariat to the Supervisory Authority that the registry is fully operational, in order to enter into force. Currently, it has been signed by France, Gabon, Germany, Italy, Luxembourg, Mozambique, South Africa, Spain, Switzerland, Sweden, the UK as well as the European Union, while it has been ratified by the European Union and 6 states: Gabon, Luxembourg, Paraguay, South Africa, Spain and Sweden.
Space Assets The Space Assets protocol, or Berlin Space Protocol (officially Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets) was concluded on 9 March 2012 and requires 10 ratifications before entry into force. The protocol applies to objects functioning in space like satellites or satellite parts. The convention was strongly opposed by the satellite industry, claiming that it would lead to increased bureaucracy and "make the financing of new satellite projects more difficult and expensive". The convention has been signed by 5 countries (Burkina Faso, Germany, Saudi Arabia, United States and Zimbabwe), but no country has ratified it.
Mining, Agricultural, and Construction (MAC) Equipment On 22 November 2019, a fourth protocol to the convention was adopted to extend the convention's framework to mining, agricultural, and construction (MAC) equipment, named Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to mining, agricultural, and construction equipment. The protocol was signed by 4 states (Congo, Gambia, Nigeria and Paraguay) upon its adoption and requires 5 ratifications before entry into force (provided the registry is operational then). On 1 October 2020, the United States of America signed the MAC Protocol and in 2022 the European Union bringing the total number of signatories to 6
References External links
Treaty text and ratifications Aircraft protocol text and ratifications Railway rolling stock protocol text and ratifications Archived 29 July 2018 at the Wayback Machine Space Assets protocol text, signatures Aircraft Protocol International Registry of Mobile Assets Charles W. Mooney Jr., "Contract Practices under the Cape Town Convention," The Legal Advisory Panel of the Aviation Working Group, Cape Town Papers Series, Volume I, 9 Uniform Law Review Issue 3, August 2004, Pages 703–04, ISBN 90-77801-01-4. Charles W. Mooney Jr., Marek Dubovec, William Brydie-Watson, "The mining, agricultural and construction equipment protocol to the Cape Town Convention project: The current status," 21 Uniform Law Review 2–3, August 2016, Pages 332–60
Luxembourg Rail Protocol Rail Working Group