Scope of application of the Geneva Convention
Two conditions have to be fulfilled in order for the Geneva Convention not to be superseded by the Convention and to still apply between two Contracting States of both Conventions:
The Geneva Convention remains applicable for those issues which are (i) not covered or affected by the Convention and (ii) which do not relate to aircraft and to
aircraft objects
. It was however intended that all matters “related to creation,
enforcement, perfection and priority of International Interest in aircraft and
aircraft objects [should be governed by the Convention], while retaining the
provisions of the Geneva Convention relating to the recognition of rights and
interests which are not covered and affected by the present
Convention[…].”156
Official Commentary at 217
Hence the only provisions of the Geneva Convention that
remain in force for a Contracting State are: (i) the recognition of rights of first
ownership, (ii) priorities between two unregistered international interests and
(iii) the extension of security rights in aircraft to spare parts as per Article X of
the Geneva Convention.
157 Official Commentary at 218