Analysis of Non-Consensual Rights and Interests under Article 39 of the Cape Town Convention

This article will analyze how Article 39 entitled ‘Rights having priority without registration’ should be understood and applied under the Convention to aircraft objects. It begins with a review of the general history and policies behind both generic and aircraft-specific non-consensual rights and interests, and rights of detention with respect to aircraft, and how they have related in terms of priority to consensual interests.