The Cape Town Convention: A Documentary History

Description

A Documentary History This book is the first detailed and comprehensive analysis of the history of the Cape Town Convention and its protocols. It critically engages with the challenges faced by the developers of this treaty, analyses thousands of pages of archived materials and derives important lessons for the development of transnational commercial law globally. The book is an invaluable addition to the existing literature on the Cape Town Convention. It also informs the debate about harmonisation of secured transactions regimes generally, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. Practising lawyers will better understand the rationale behind the key provisions of the Cape Town Convention, while the treaty-making lessons will assist governmental officials, representatives of international organisations and legal advisers engaged in harmonisation of commercial law. The text covers all four protocols to the Cape Town Convention, including the MAC Protocol adopted on 22 November 2019 in Pretoria. Hart Studies in Commercial and Financial Law: Volume 5 Preface Acknowledgements Contents List of Abbreviations Table of Reports and Working Papers Table of Conventions and Model Laws 1. Introduction 1.1. Cape Town Convention: A Long Journey Home 1.2. In Search of Underlying Objectives and Challenges 1.3. Scope of this Book 1.4. Structure of this Book 1.5. History of the Cape Town Convention: The Key Stages 2. Defining the Scope of the Convention 2.1. Overview 2.2. Identifying the Problem 2.3. Proposing a Solution: The Concept of International Interest 2.4. Evolution of the Concept of Internationality 3. Selecting the Asset Types Covered by the Convention 3.1. Overview 3.2. Evolution of the Concept of Mobile Equipment 3.3. Aircraft 3.4. Ships 3.5. Mining, Agricultural and Construction Equipment 4. Choosing an Appropriate Structure for the Convention 4.1. Overview 4.2. Transition to Asset-Specific Regulation 4.3. Separation of the Aircraft Protocol 5. Addressing Inter Partes Matters: Remedies and Party Autonomy 5.1. Overview 5.2. The Role of Party Autonomy 5.3. Remedies 6. Addressing Matters Affecting Third Parties: Key Considerations 6.1. Overview 6.2. Development of the System of Priorities 6.3. Development of the Registration System 7. Measuring the Feasibility of the Convention: Commercial Concerns and State Sensitivities 7.1. Overview 7.2. The Role of Commercial Factors in the Development of the CTC 7.3. State Sensitivities 8. Process-Management Challenges 8.1. Overview 8.2. The Role of Working Groups in the Development of the Convention 8.3. Alternatives as an Instrument of Crystallising Negotiations 8.4. Obtaining Industry Support 9. Conclusions 9.1 Lessons for Commercial Treaty-Making Appendix 1: Cape Town Convention Development Timeline: Key Milestones Appendix 2: Table of Concordance of Reports and Working Papers Bibliography Index