Is the preparation of a future protocol to the Convention on International Interests in Mobile Equipment concerning ships and maritime affairs a good idea? Articles uri icon

publication date

  • May 2018

start page

  • 213

end page

  • 225

issue

  • 3

volume

  • 24

international standard serial number (ISSN)

  • 1478-8586

abstract

  • This article aims to tackle the following objectives: (a) to examine the main problems, both legal and practical, that a protocol to the Cope Town Convention on International Insterests in Mobile Equipment would face the fiel of maritime law (eg particularities of hte shippping industry and its financial counterparts, the relationship and conflicts with other conventions, international maritime liens versus non-consensual rights or interests); (b) to analyse the problems that it would have to overcome in the field of consendual security interests (especially those concerning the creation, validity, priority rules, recognition and enforcemente, all these issues of a marked domestic legal nature); and (c) to discover if the dual structure model (Convention and Protocol) and the flexibility of the test (reservations and declarations) will solve the main problems that the financial industry is facing.