Embargos y otras medidas cautelares en la actividad aerocomercial

Legislative approach towards precautionary arrest and seizure of aircraft shows the
evolution of civil aviation with respect to the changing role of scheduled airlines. Article 27
of the 1944 Chicago Convention provides for exemption from seizure of patent claims for
aircrafts engaged in international air navigation. The 1933 Rome Convention on precautionary arrest prevents arrest of aircrafts should the arrest disrupt commercial traffic.
These rules however restrict aircraft financing which would allow the growth of air transport.
In fact, this limits the possibility to offer effective guarantees to creditors and makes adequate
access to credit difficult with convenient interest rates. Such a problem is considered by the
Protocol to the Convention on International Interests in Mobile Equipment on matters
specific to Aircraft Equipment (Cape Town 2001). The author also reviews the
fragmentation process of uniform law on precautionary arrest and seizure of aircraft, shown
by international conventions in force among different States