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Research reports by Scholars hosted at Uin 2014

Abual Ihab Arja

Adewumi Afolasade A

Bilous Oksana

Fatma Bouraoui

Fu Wenyi

Hok Siem

Kadavil Sathyapalan Harisankar

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Nguyen Thi Thu Trang Vanya Singh

Jenner Alonso Tobar Torres

Vu Kim Hanh Dung

Chen Xin Yang Jiuying

Zambo Mevoungou Romy Suzanne

£ UNIDROIT 2014 - Study LXV/Scholarships, ± Impl. 25 ± All reports

Scholarship Interim Report

For the International Institute for the Unification of

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Interests and Remedies protecting Creditors under the Cape Town Convention & its Protocol on Matters ^‰](]š}]OEOE(š'µ]‰uvš_ An Applied Study in the

Jordanian Legal System,

MASTER OF LAW (LL.M.) in International Commercial Law by Yarmouk University tThe Hashemite Kingdom of Jordan. Additionally, as I work as a Legal Director - Aviation Jurist at the Jordan Civil Aviation Regulatory Commission (CARC) - the governmental entity responsible for regulating all the matters related to civil aviation sector in Jordan, the research research addresses the International Interests in aircraft and its equipments in accordance with the Convention on International Interests in Mobile

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1di 5 ^]OEOE(š WOE}š}}o_U }šZ OEš](] Ç šZ study also addresses the legal remedies stipulated for protection of the secured creditors in the event of default or insolvency of the debtor, including consensual and judicial remedies. The research is an applied study in the light of the Jordanian legal regime (a civil- law regime) that highlights amendments made, or shall be made, to the relevant Jordanian legislations and cases in which Jordanian law supplements the Convention where designates the applicable law in accordance with the rules of conflict of laws. The main objective of the research is to define the relationship between the privileges provided to the secured creditor under an international interest in accordance with the Convention and the Protocol, and privileges provided to the same under a security interest in accordance with Jordanian legislations, and study its priority in application. Therefore, the research answers a number of essential questions, embodied within the following, to achieve such purpose: x the Protocol and the relevant provisions of Jordanian legislations? x collide with provisions of execution, attachment, priority of creditors, bankruptcy of merchants and liquidation of companies? x legislations to enable the application of provisions of the Convention and the Protocol without any conflict, or that the declarations made by Jordan are sufficient to achieve the alignment between them? 2di 5 x level of balance between the interests of the creditor and debtor in research: the Protocol, explaining types of contracts creating international interests (Security, Title Retention, Leasing and Sale contracts), and discusses the corresponding provisions within the Jordanian legislations regulating such contracts. the formality and objectivity, categories of equipment covered, and the connecting factor. operation of the registry, approval to registration, date and duration of the registration, effects of registration, discharge and expiration of registration.

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aircraft, and the provisions of the Irrevocable Deregistration and Export

Request Authorization (IDERA).

The research also focuses thoroughly on the declarations made by Jordan at the time of ratification of the Convention and the Protocol, and the provisions that 3di 5

Jordanian legal system which

may result priority of holders of registered international interests over the local creditors. a number of findings with regard to the provisions of the CTC and the Aircraft Protocol and the compatibility of the relevant Jordanian legislations with such provisions. It concludes with number of recommendations and suggestions made by the researcher which are necessary to achieve the harmonization between the provisions of the CTC and the Aircraft Protocol and the relevant Jordanian legislations.

The importance of the research:

a Protocol entered into force in Jordan recently, which results direct effects on the unsecured creditors, including the local Jordanian creditor. Moreover, some ized by the Jordanian law. constitutes a new and pioneer addition to the Arabic legal scholarship, especially the Jordanian scholarship, since it is based on the descriptive and analytical method in connection with the Jordanian legal regime. Air carriers, Air Operators, Investors, Banks, Regulatory bodies and Financing entities in the region shall benefit from this study in many aspects, such as when 4di 5 registry of international interest in accordance to CTC. which are not available in vÇ:}OEv]vu]voPo]vš]šµš]}v[o]OEOEÇX s enriched the diversity of references used in the research and made it possible to view various point of views in regard to study issues. comfortable and my task achievable. It has been a positive and useful experience of great value to me. I am looking forward to any future cooperation with UNIDROIT.

Ihab Arja

1 A CRITIQUE OF AFRICAN STATES PARTICIPATION IN RETURN AND RESTITUTION OF CULTURAL PROPERTY UNDER THE 1970 UNESCO AND 1995

UNIDROIT CONVENTIONS*

BY

Africa is the second largest continent after Asia. The cradle of humanity and modern humans was traced

civilization in the Nile valley.1 Archaeology in Africa today, is a vital intellectual component in fostering

national identity and historical consciousness.2

much interested in unearthing materials equivalent to pre historic materials unearthed in Europe. There

were the ancient artifacts from Senegal and stone axes from Ghana. Ceramic works in Senegal, Mali,

Niger, Ghana and Cameroon. In Nigeria there were the Benin bronzes, ancient arts of Ife, Iwo Eleru and

Igbo - Ukwu art in the Eastern part of the country.

In Northern Nigeria, there existed the Nok statuettes. Esie stone sculptures also exist in Nigeria. The Horn

of Africa comprising of Djibouti, Eritrea, Ethiopia, and Somalia, has the longest and possibly most

diverse archaeological record in Africa.3

*This Report is a summary of my Ph.D Research that was completed at the International Institute for the Unification of Private Law

(UNIDROIT) in Rome under the Research Scholarship Programme, btw October and November 2014, through the financial support from the

United Kingdom Foundation. I sincerely appreciate the United Kingdom Foundation for the financial support and UNIDROIT for

the opportunity of benefitting from the library resources. My sincere and profound gratitude goes to Ms Marina Schneider for

painstakingly going through my work despite her very busy schedule and for constructively criticizing some portions of the work

to make it better while also opening my eyes to areas I was not previously aware of. I also appreciate Ms Frederique Mestre for

the warm welcome I received on my first day at the Institute; Ms Bettina Maxion for her great assistance in making use of the

library; Ms Laura Tikanvaara and all other library staff and fellow interns for making my stay in Rome worthwhile.

** A junior researcher and Ph.D student of Cultural Property Law in the Department of Public and International Law, Faculty of Law, University

of Ibadan, Ibadan, Nigeria 1

speculated in 1871 in his Descent of Man that tropical Africa would prove to be the cradle of humankind.in 1924,

AustralopithecusAfricanus was discovered by Raymond Dart and archaeologists established long Stone Age cultural sequences in

eastern and southern Africa well be

evolution; Vogel J.O.,(ed.), Encyclopaedia of Pre- Colonial Africa, London: Sage Publications Ltd., 1997, p.51

2See Vogel J.O., ibid

3Ibid, p.75

2 In Southern and East Africa, countries as South Africa, Kenya, Uganda, Tanzania, Zambia, Malawi and part of Zimbabwe, Zaire have contributed immensely to the growth of archaeology. Archaeology has played an influential role in formulating ideas about African history since the mid-

million years, is the longest in the world due to the unique ability of archaeology to describe and explain

human cultural change over an immensely large period of time. Archaeologists have a vital role to play in

the study and interpretation of ancient Africa not only for specialist scholars but also for the whole

world.4It is in this regard that Cultural Property and varied interest in it, is of paramount value to Africa as

a conglomerate nation.

Brent is of the opinion that the displacement in African art took a large dimension in the 60s and 70s

when the African countries were gaining independence from colonial rule.5 The offer of hard currency to

antiquity thieves fuelled the plundering. As far back as 1996, Drewal urged that drastic steps be taken to

curb the acti Africa will soon hav of cultural heritage.6

At the International plane, there exist two international instruments dealing with return and restitution of

cultural property. One a public law instrument, the 1970 UNESCO Convention and the other a private law

instrument, the 1995 UNIDROIT Convention. Despite th continues unabated.

This situation led to the desire to undergo the research in this area to see what mechanisms and measures

the international bodies have put in place to curb the scourge and how or what Africa has done by way of

adopting the measures. This thesis is focused on bringing to limelight why Africa should participate maximally in the 1970 UNESCO and 1995 UNIDROIT Conventions on return and return restitution of cultural property by analyzing what Africa stands to benefit as a result of the Conventions.

The objectives of the research are:

1) To examine whether the two conventions have adequately made provisions for the main issues

involved in the return and restitution of Cultural Property and if not, why?

2) To bring to limelight the benefits derivable from the combination of the two Conventions on the

return and restitution of Cultural Property to source countries with particular reference to Africa.

4ibid, p.51

McIntosh,R.J.,6378.Bloomington and Indianapolis: Indiana University Press. Cited by Shyllon

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