This article was first published in Id-Dritt
(Commemorative Edition) 2015.The article has been updated with data
as on January 2016.
The Aircraft Registration Act1 (the "ARA")
was enacted in 2010 with a vision to emulate the success story
Malta achieved in the maritime sector2. Having said that
it is important to keep in mind that each sector has its own
intrinsic potential and growth factors.
In the process of enacting the ARA, the legislator realised that
the main players to attract in order to promote the aviation
industry in Malta were first and foremost the financiers and the
lessors. This meant that Malta had no choice but to implement the
Cape Town Convention3 and the Aircraft
Protocol4 (together the "CTC"). This was done
by legislating on both national and Cape Town Convention systems
and thus allowing for simultaneous application but introducing
prevalence rules.