The Declarations System
The Cape Town Convention and Aircraft Protocol are designed to provide creditors
with speedy and effective remedies.
However, it was felt that some of these might run counter to the long-established public policy of states and thus deter them from ratifying.
This problem has been neatly overcome by a system of declarations, by which a Contracting State can opt out of certain provisions that run counter to its public policy for example, the exercise of self-help remedies, speedy relief for the creditor pending fi nal determination of its claim, or prorogation of jurisdiction whilst other provisions do not apply at all in a Contracting State unless it has made a declaration opting into them for example, choice of law or the enforcement of creditors’ rights in insolvency.
Thus, the declarations system follows the two instrument approach in providing a good deal of flexibility for Contracting States