Sjef van Erp

The Cape Town Convention on International Interests in Mobile Equipment and Its Implementation in the Netherlands and on the Dutch Caribbean Islands

Already in 2004 I expressed the idea that the Cape Town Convention on International Interests in Mobile Equipment (“Cape Town Convention”) with its first-in-time and object- based computerised notice filing system could be a workable model for a registration system of security interests in Europe and even be a model for a European mortgage registration system regarding immovable property. This was at a moment when it was not clear yet whether this convention would be as global in its success as the drafters had hoped for. In the meantime that hope has become true and it was therefore an excellent choice of the International Academy of Comparative Law to devote one of its sessions to this topic during its XIXth International Congress of Comparative Law in Vienna.

Security Interests Burdening Transport Vehicles: The Cape Town Convention on International Interests in Mobile Equipment and its Implementation in the Netherlands and on the Dutch Caribbean Islands

The Cape Town Convention on International Interests in Mobile Equipment (Cape Town Convention) creates a very workable regime even in a Civil Law setting, although it may be more inspired by the Common Law (particularly Article 9 of the US Commercial Code) than the Civil Law tradition. As such the Convention is a good example to show the impact of globalisation on national law and how such impact can be beneficial. Uniform rules create more certainty, particularly in the area of mobile equipment, which by its very nature may cross borders. The number of countries which are now a party to the Convention is clear evidence to show the correctness of this statement. The Dutch Caribbean islands, no doubt because of their size, their location and the nature of the commercial activities in which they are involved, seem to have understood this better than the Netherlands.