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The Luxembourg Rail Protocol to the Cape Town Convention: Some Practical Differences from the Aviation Protocol

Howard Rosen

It was an inspired decision of the drafters of the Cape Town Convention to allocate protocols to each industry sector. Clearly there are some commonalities between the different industries, but not only do circumstances differ in relation to the legal implementation following on from the status of domestic and private international law applying to the different industries as well as the requirements of the asset itself, but in terms of private finance, the rail and the aviation sectors are at different stages of development which means that some basic assumptions may exist for the aviation sector but do not necessarily apply in the same way for the rail sector.

What this note seeks to do is to look selectively at each of these aspects in turn as they are considered by the Luxembourg Rail Protocol (hereafter the Rail Protocol), by reference to the positions taken and assumptions made in relation to the Aircraft Protocol to the Base Convention.1

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