The forms have foot notes as to certain optional provisions andvery helpful guidance so that States can alsotake advantage of options such as covering future rights and interests under Article 39(2)or past rights and interests under Article 39(4).
They also offer advice such as to delete ‘or another object’ in declarations under Article39(1)(b) if a State does not have a fleet lien concept or wishes to narrow existing law on the topic not to cover an existing fleet lien right of detention
AWG Model categories for declarations under Article 39(1)(a)AWG issues ‘Economically-Based Recommendations’ for declarations intended
to enhance the economic benefits accrued to Contracting States derived from the Cape Town Convention
AWG recommends that,applying commercial criteria, declarations other than the model declarations should not be made. In contrast to the UNIDROIT
forms, the AWG models provide for specificcategories that Contracting States may use in making declarations, while recommending that any declarations be specific and quantifiable
limited to customary categories such as repairs,and limited to claims that arise following a declared defaultand many others havemade minor variations. AWG recommendedtwo possible specific declarations (orcategories) under Article 39: (1) liens in favourof workers for unpaid wages arising since themtime of a declared default under a contract to finance or lease the relevant object83
Variations on this model declaration include, for
example, ‘[E]mployee wages relating to service fairly
allocated to the use of an aircraft object as from the
date that remedies have been exercised under the
Convention and Protocol by the holder of as registered
interest’ (Bahrain) and, ‘[T]he lien enjoyed by wageearners
by reason of the preferential rights accorded
to the wages owed by the employer at the time of its
default under a financing or lease contract regarding
an object’ (Cameroon & Congo). ‘Declarations
Lodged by the Kingdom of Bahrain Under the Cape
Town Convention at the Time of the Deposit of Its
Instrument of Accession in Respect Thereof ’, 27
November 2012, at http://www.unidroit.org/english/
conventions/mobile-equipment/depositaryfunction/
declarations/bycountry/bahrain.pdf, accessed 29
August 2013; ‘Declarations Lodged by the Republic of
Cameroon Under the Cape Town Convention at the
Time of the Deposit of Its Instrument of Accession
in Respect Thereof ’, 19 April 2011, at http://www.
unidroit.org/english/conventions/mobile-equipment/
depositaryfunction/declarations/bycountry/cameroon.
pdf, accessed 29 August 2013; ‘Declarations Lodged
by the Republic of Congo Under the Cape Town
Convention’, 16 November 2001, at http://www.
unidroit.org/english/conventions/mobile-equipmobile-equipment/
depositaryfunction/declarations/bycountry/congo.pdf,
accessed 29 August 2013.
and (2) liens in favour of repairers of an object in their possession to the extent of service performed on and value added to that object Variations on this model declaration include, for example, ‘Any debt due to the holder of a possessory
lien for the repair, preservation of the aircraft to the extent of the service performed on and value added to the aircraft’ (Malta) and, ‘[L]iens in favour of repairers of
an aircraft in their possession to the extent of amounts due for their services’ (Togo). ‘Declarations Lodged by Malta Under the Cape Town Convention at the
Time of the Deposit of Its Instrument of Accession
in Respect Thereof ’, 1 October 2010, at http://www.
unidroit.org/english/conventions/mobile-equipment