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Cape Town: Rail Just Around the Bend, Satellites Just over the Horizon

By James R. Cairns

For the last nine months, participants in the aircraft leasing and finance industry have been dealing with the newly formed international registry for the registration of interests in aircraft and the changes in substantive law governing aircraft sale, lease, and finance transactions brought about by the ratification of the Cape Town Convention on International Interests in Mobile Equipment and the related Aircraft Protocol. The Convention and Aircraft Protocol were developed and are being promoted by Unidroit and the Aircraft Working Group, an organization whose members include Boeing, Airbus, General Electric, and Citibank. So far, 11 countries, including the United States, have ratified both the Convention and the Aircraft Protocol. Next up for the Cape Town Convention is its application to rolling stock and possibly later satellites and other space assets.

Unidroit and the Intergovernmental Organisation for International Carriage by Rail have scheduled for this February in Luxembourg a diplomatic conference for the finalization and adoption by Unidroit's member countries of a rail protocol that would make the Cape Town Convention applicable to the leasing and financing of rolling stock. The Cape Town Convention and the rail protocol would then govern rolling stock leasing and financing transactions in each country that later ratifies them.

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