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 2011-13, 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