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The MAC Protocol: A new era for the Cape Town Convention

William Brydie-Watson

Chapter 22 in The Elgar Companion to UNIDROIT, 2024, pp 316-335 from Edward Elgar Publishing

Abstract: This chapter provides an overview of the Mining, Agricultural and Construction Protocol (MAC Protocol), the fourth and most recent Protocol to the Convention on International Interests in Mobile Equipment (the Cape Town Convention). The chapter includes a brief summary of the development of the instrument and a detailed legal analysis of the unique articles of the MAC Protocol that differentiate it from the earlier Protocols, including the articles regarding (i) the scope of the treaty in relation to equipment, (ii) the relationship between international interests in MAC equipment and interests in immovable property, and (iii) the treatment of equipment held as inventory. The chapter also considers articles that were omitted from the MAC Protocol that had been included in earlier Protocols. The chapter concludes with an assessment of the future of the MAC Protocol and the likelihood of it becoming a successful expansion of the Cape Town Convention system.

Keywords: Law - Academic; Politics and Public Policy (search for similar items in EconPapers)
Date: 2024
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