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Teaching the Cape Town Convention Using the CTC to Teach International L aw

Teaching the Cape Town Convention Using the CTC to Teach International L aw. Brian F. Havel Distinguished Research Professor of Law DePaul University College of Law Keeley Visiting Fellow 2011-13, Wadham College, Oxford. Use CTC as an Example.

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Teaching the Cape Town Convention Using the CTC to Teach International L aw

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  1. Teaching the Cape Town ConventionUsing the CTC to Teach International Law Brian F. Havel Distinguished Research Professor of Law DePaul University College of Law Keeley Visiting Fellow 2011-13, Wadham College, Oxford

  2. Use CTC as an Example • International Law consists of numerous themes and topics • Most courses will not require students to know detailed substance of CTC, but it can be a valuable tool for illuminating specific concepts • The Academic Project has prepared materials for courses in: • Transnational commercial law • Secured transactions • Bankruptcy • Comparative Law • Conflict of Laws • International Business Transactions • Business School Case Study

  3. Materials for General Course on Public International Law • What can students learn from CTC about broad, fundamental international law questions? • Materials for 4 sub-topics: • Ontology & Terminology • Law-making process • Treaty Doctrine • Enforcement, Compliance & Interpretation

  4. Ontology & Terminology • Is International Law law? • CTC is rare substantive international commercial law treaty • Provides a degree of certainty and specificity more common in domestic law • Creates and protects property rights for individuals • Public or Private? • CTC is an example of modern international instruments that have dissolved traditional distinctions within international law

  5. International Law-Making Process • Students enter with conception of traditional notion of law-making as State legislative function • Role of “epistemic community” of industry, experts, ICAO, UNIDROIT, in drafting CTC is example of modern technocratic law-making • Can be used to spur critical thinking about trade-offs between technical expertise and democratic legitimacy

  6. Treaty Doctrine • CTC has unique structural components that instructor can use to demonstrate how international instruments operate • “Umbrella” Convention-Protocol structure • Declaration scheme • Relate to Jeffrey Wool’s “policy-based unification model”

  7. Enforcement, Compliance & Interpretation • CTC demonstrates importance of enforcement mechanisms in international law • Substantive international law treaty meaningless without well-conceived remedies • Enforcement through domestic courts • Self-help provisions unique

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