The legal advisory panel works on the following projects:
|Project||Coordinating executive committee member|
|Annotations to official commentary||William Piels, Holland & Knight |
John Pritchard, Holland & Knight
|Analysis of CTC legal activity||Catherine Duffy, A&L Goodbody|
Phillip Durham, Holland & Knight
|Assessing and addressing export-related items under CTC||Natalia Nikitina, White and Case|
|Supporting the CTC compliance index support||Mark Lessard, Pillsbury|
|Educational materials||Carlos Sierra, Abogados Sierra|
|Judge’s handbook||Peter Watson, Allen & Overy|
|MAC Protocol subgroup||Philip Durham, Holland & Knight|
Annotations to Official Commentary
Annotations to Official Commentary on the Cape Town Convention (CTC) and its Protocols, which, with Professor Sir Roy Goode’s personal endorsement, are issued by the Cape Town Convention Academic Project (CTCAP) from time to time. The objective of these annotations is to address questions that the Official Commentary does not, or does not fully, address.
The panel prepares suggested annotations for consideration by, and at the absolute discretion of, the CTCAP.
Final annotations are issued pursuant to procedures established by the University of Cambridge and UNIDROIT, under whose auspices and supervision the CTCAP operates.
Analysis of Cape Town Convention legal activity
AWG produces legal analysis reports on judicial decisions applying CTC.
These analyses focus on court’s interpretation of CTC and whether it complies with the requirements of the treaty.
These reports are produced by the executive committee of the legal advisory panel for the CTCAP.
Assessing and addressing export-related items
AWG is undertaking a project to assess and address items relating to the export remedy under CTC. Major aspect includes:
- preventing delay relating to items under the control of the operator
- ensuring that government liens and detention rights are limited to those in the applicable declaration
- clearing customs, including the creditor’s ability to take related action
- defining the required scope of safety-related requirements in the export context
- transferring regulatory responsibility
This project has links to other panel projects, including proposed annotations to the Official commentary, an expanded assessment in the practitioner’s guide, and specific educational materials.
A comprehensive article on export is planned for the 2020 issue of the Cape Town Convention Journal.
This project does not address aircraft de-registration, which, where an irrevocable de-registration and export authorization (IDERA) has been issued, is automatic upon a creditor’s compliance with article IX (5) of CTC.
The Cape Town Convention compliance index support
AWG releases inaugural edition of the CTC compliance index.
The CTC compliance index assesses and scores country compliance with the requirements of CTC. It provides information to the aviation financing and leasing community, thereby maximizing compliance incentive. That, in turn, will positively impact the provision of aviation credit, thus strengthening the air transport sector and producing economic benefits.
Visit the CTC compliance index website for more information.
The panel provides substantial input in this project.
The panel has published self-instructional materials for individuals needing information about CTC.
These materials have been assembled in the context of the (CTCAP), seeking to assist scholars, students, practicing lawyers, judges and other government officials, as well as the industry at large, by providing information on and education about the CTC and its protocols.
These self-instructional materials have been or will be translated by the panel into:
The panel is developing a judge’s manual to assist judges, government officials, and litigation lawyers by setting out the requirements of the treaty in contested cases. Subject to needed approvals, it is planned to have the handbook issued, and kept current, as a document issued by the CTC academic project.
The practitioner’s guide is a document published by the panel to provide practical assistance to practitioners in working with CTC.
On 12 October 2020, the legal advisory panel of AWG released the 2020 new edition of the Practitioner’s Guide to the Cape Town Convention and Aircraft Protocol.
Mining, agricultural and construction equipment (MAC) protocol sub-group
A MAC legal sub-group has been formed under the auspices of AWG. This group will assist and advise on matters relating to the interpretation, understanding, and implementation of, and compliance with, the MAC Protocol. Members of the MAC sub-group will be appointed by AWG.
Information on the MAC Protocol can be found here.