The Power to Dispose under the Cape Town Convention and Aircraft Protocol

  • Roy Goode


An essential ingredient of the constitution of an international interest under the Cape Town Convention on International Interests in Mobile Equipment is that at the time of the agreement the debtor has power to dispose. ‘Power to dispose’ is wider than right to dispose, covering also situations in which, by exception to the nemo dat rule, the debtor can transfer a greater interest in the equipment than he himself possesses. This article examines the meaning of ‘power to dispose’ and follows the author’s series of Official Commentaries on the Convention and its Protocols in arguing that a necessary implication of the registration provisions under Article 29 of the Convention is that the power to dispose can arise under the Convention itself, not merely under national law.