Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


The Development of Private International Law: A New Concept of Mobile Equipment under the Cape Town Convention 2001

Author(s): Prita Amalia, Danrivanto Budhijanto, Huala Adolf, An An Chandrawulan

Private International Law is one of the subsidiaries in law subject which keep developing continuously, simultaneously with its international commercial transaction such as the applied law of the Mobile Equipment. Cape Town Convention 2001 as the legal instruments resulted from the International Institute for the Unification of Private Law (UNIDROIT) regulates the mentioned mobile equipment includes regulation concerned about aircraft. The role of UNIDROIT itself in regulating the convention lays as an international institution with a purpose to harmonize and unify private international law, stipulating progressive development in a way on holding initiations for international convention arrangement. Aircraft as one of the related objects in the convention categorized as a Mobile Equipment as it has fulfilled several characteristics provided by the convention. Aircraft's ability to be able in one jurisdiction and also another's, arising interest from the international society to make a new legal concept, in a matter to provide protection for whoever has part of it including the funder of aircraft-acquirement. This article would have further elaboration and discussion concerning scopes of Cape Town Convention 2001 which also in its way comprehend the stated development of Private International Law and also embodied with its international commercial transaction scope. In this Article, the discussion will also review the implementation of one of the convention's parties, Indonesia in also comparing the implementation to several other parties, in particular to discuss the development of mobile equipment under private international law.