Analysis of Non-Consensual Rights and Interests under Article 39 of the Cape Town Convention

Abstract

This article will analyse how Article 39 entitled ‘Rights having priority without registration’ should be understood and applied under the Convention to aircraft objects. It begins with a review of the general history and policies behind both generic and aircraft-specific non-consensual rights and interests, and rights of detention with respect to aircraft, and how they have related in terms of priority to consensual interests. The article discusses the Article 39 policy objectives and conflicts within the purposes and intended benefits of the Convention and the Aircraft Protocol. It then compares the priority rules in Articles 29, 39 and 40 in relation to non-consensual rights and interests and describes how Article 39 works within the Convention. We then focus on the differing categories of non-consensual rights or interests that have been declared to date and conclude with policy suggestions for Contracting States in making their declarations under Article 39. The final section analyzes practical examp...