The insolvency provisions of the Cape Town Convention and Protocols: historical and economic perspectives
Kristin Van Zwieten Trinity Hall, Cambridge, UK

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The insolvency provisions of the Cape Town Convention and associated Protocols are considered integral to the achievement of the economic objectives of the Convention project. This article begins with the history of the insolvency provisions, tracing their evolution from a modest rule for the recognition of Convention interests in insolvency to a robust package of substantive rules on the effectiveness, priority, avoidance, and enforcement of Convention interests in insolvency proceedings. It then turns to consider the provisions in detail, illustrating their likely application with some hypothetical scenarios featuring airline and railroad debtors. The concluding section discusses the perceived signifi cance of the insolvency provisions to the Convention project as a whole, and their predicted economic impact.

Contributor Notes

I am grateful to Professor Roy Goode and Jeffrey Wool for helpful comments on earlier drafts. All errors are mine.