Certain Contracting States have also made unique declarations under Article 39 that have not been declared by any other Contracting
States.
These unique declared categories include
(1) Rights of the state government tobarrest or detain an aircraft object for
violation of safety-related or criminal law, provided that no such arrest or
detention shall give rise to the power of sale or right to proceeds;
Declared by Bahrain
(2) Lien on goods in possession of home workers;92
92 Declared by Ethiopia. See text to n 90 above.
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3) Judicial costs incurred in respect of the
sale of the aircraft and the distribution
of the proceeds thereof pursuant to the
enforcement of any mortgage or other
executive title;93
93 Declared by Malta. See text to n 84 above.
(4) Fees and other charges due to the Director General arising under
applicable law of [the State] in respect of the aircraft;94
94 Declared by Malta. See text to n 84 above
(5) Wages and expenses for salvage in respect of the aircraft;95
95 Declared by Malta. See text to n 84 above
(6) A right or interest in respect of an aircraft which, if the aircraft had
been a vessel, would have resulted in a maritime lien on the aircraft and
its equipment for (a) salvage and (b) damage done by that aircraft;96
Declared by Pakistan. ‘Declarations Lodged by the Government of the Islamic Republic of Pakistan Under the Cape Town Convention at the Time of the Deposit of Its Instrument of Accession in Respect Thereof ’, 22 January 2004, at http://www.unidroit.org/english/
conventions/mobile-equipment/depositaryfunction/
declarations/bycountry/pakistan.htm, accessed 29
August 2013.
(7) The right of the [State] to arrest, attach or confiscate mobile equipment and
aircraft equipment in the event ofbreach of the customs or criminal laws
of the [the State];97
97 Declared by Panama. ‘Declarations Lodged by the
Government of the Republic of Panama Under the
Cape Town Convention and the Aircraft Protocol at the
Time of the Deposit of Its Instrument of Ratification
in Respect Thereof ’, 28 July 2003, at http://www.
unidroit.org/english/conventions/mobile-equipment/
depositaryfunction/declarations/bycountry/panama.
htm, accessed 29 August 2013.
(8) Creditors’ claims on current payments
Declared by the Russian Federation. ‘Declarations
Lodged by the Russian Federation Under the Cape
Town Convention at the Time of the Deposit of Its
Instrument of Accession in Respect Thereof ’, 25
May 2011, at http://www.unidroit.org/english/
conventions/mobile-equipment/depositaryfunction/
declarations/bycountry/russianfederation.htm, accessed
29 August 2013
(9) Claims to cover costs for activities for the prevention of technogenic and/
or environmental disasters or loss of life in cases where the termination of the debtor entity or its structural units may lead to technogenic and/
or environmental disasters or loss of
life;99
99 Declared by the Russian Federation. See text to
n 98 above.
(10) Claims, by individuals to whom the debtor is liable for causing injury to
life or health, which are settled by means of capitalization of relevant
periodic payments, as well as claims for compensation for moral damage;100
Declared by the Russian Federation. See text to
n 98 above
(11) Claims for severance pay an remuneration of persons employed or
working under an employment contract and for the payment of royalties to
authors of intellectual property.101
101 Declared by the Russian Federation. See text to
n 98 above
(vii) AWG recommended categories of declarations for
Article 40
AWG also issued ‘Economically-Based
Recommendations’ for declarations that may
be made under Article 40. AWG suggests again
that there be a specific list and that the use of
Article 40 for all categories of further NCRIs
is preferred in order to bring them all into the
first-to-file International Registry system.102
AWG recommends three potential categories of declarations. AWG first recommends, ‘Right of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment.’103
103 Variations on this model declaration include,
‘[T]he rights flowing from the arrest of an aircraft object
in partial or complete performance of a judgment’
(Cameroon & Congo). See text to n 83 above.
Second, AWG recommends, ‘Liens or other
rights of the government of {name of state}
relating to taxes or other unpaid charges of
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any type whatsoever (which is not covered by
the declaration under Article 39(1)(a) of the
Convention).’104 Third, AWG recommends,
‘[A]ny other non–consensual right or interest
which is not covered by the declaration under
Article 39(1)(a) of the Convention.’