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T EACHING THE C APE T OWN C ONVENTION Using the CTC to Teach International Law B RIAN F. H AVEL D ISTINGUISHED R ESEARCH P ROFESSOR OF L AW D E P AUL U.

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Presentation on theme: "T EACHING THE C APE T OWN C ONVENTION Using the CTC to Teach International Law B RIAN F. H AVEL D ISTINGUISHED R ESEARCH P ROFESSOR OF L AW D E P AUL U."— Presentation transcript:

1 T EACHING THE C APE T OWN C ONVENTION Using the CTC to Teach International Law B RIAN F. H AVEL D ISTINGUISHED R ESEARCH P ROFESSOR OF L AW D E P AUL U NIVERSITY C OLLEGE OF L AW K EELEY V ISITING F ELLOW , W ADHAM C OLLEGE, O XFORD

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 Wools 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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