TEACHING THE CAPE TOWN CONVENTION
Using 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
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
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
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
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
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”
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