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Mechanisms to Keep the Cape Town Convention Relevant

The Regulations for the International Registry

The practical rules on how the International Registry operates are not prescribed in the Base Convention or Protocols in detail, but are provided in the regulations. The regulations are published by the Supervisory Authority.[1] The Supervisory Authority is the Council of the ICAO for the Aircraft Protocol,[2] a body established by the representatives appointed by State Parties, Unidroit and the Intergovernmental Organisation for International Carriage by Rail (OTIF) for the Luxembourg Rail Protocol.[3] For the Space Protocol, the negotiation with the International Telecommunications Union (ITU) has been continuing pursuant to the resolution at the Diplomatic Conference of 2012.[4]

As the creation of the Closing Room has shown, the regulations can go beyond what is explicitly foreseen by the Base Convention and the Protocol, if it is needed by the users of the system. In order to remain responsive to the users’ demands, the Supervisory Authority may establish a commission of experts.[5] ICAO has benefited from the expertise of the Commission of Experts of the Supervisory Authority of the International Registry (CESAIR). The International Registry for aircraft objects, on their side, established the International Registry Advisory Board (IRAB) to advise it on the needs of users. These experts have made the regulations to be user-oriented and kept the scheme workable.

  • [1] Article 17 (2) (d) of the Base Convention. See also Article XVIII of the Aircraft Protocol andArticle XXIX of the Space Protocol.
  • [2] Article XVII (1) of the Aircraft Protocol and the Resolution No.2 of the Diplomatic Conference.
  • [3] Article XII (1) of the Luxembourg Rail Protocol. OTIF serves as its secretariat (Article XII (6)of the Luxembourg Rail Protocol).
  • [4] Article XXVIII (1) of the Space Protocol; Resolution No.1.
  • [5] Article XVII (4) of the Aircraft Protocol; Article XII (5) of the Luxembourg Rail Protocol;Article XXVIII (3) of the Space Protocol.
 
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