Abstract
De-registration and export remedies under the Cape Town Convention on International Interests in Mobile Equipment and its Aircraft Protocol are integral components of the overall suite of remedial rights provided under the treaty and address some of the legal and procedural shortcomings of otherwise available applicable law. This article provides a critical analysis of the key provisions of the Convention and Protocol dealing with de-registration and export remedies and also identifies some of the key areas where the Convention and Protocol may need a broader interpretation in order to give effect to their desired goals. This article also identifies questions surrounding the use of the Irrevocable De-registration and Export Request Authorization (or “IDERA”) and provides suggested guidance for its implementation and use.
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