Challenges to effective treaty-making in contemporary transnational commercial law: lessons from the Cape Town Convention

Thesis

This thesis is the first detailed and comprehensive research of the history of the 2001 Convention on International Interests in Mobile Equipment (the 'Convention' or 'CTC') and its protocols. It is submitted that the quality of response to the various challenges of the treaty-making process can serve as a measure of a convention's success, and that the unique characteristics of the CTC make it a prime target for such research. The author identifies and analyses the most problematic issues in the process of development of the Convention and its protocols, including the latest draft protocol on mining, agricultural and construction equipment. This research focuses on the documentary history of the CTC and its Aircraft Protocol (as the only protocol currently in force), relying primarily on the materials published by UNIDROIT and other international organisations, and shows that not all of the challenges found an adequate response in the Convention. Nonetheless, the shortcomings pale in comparison with the Convention's achievements: the CTC has created a highly effective machinery for regulating international interests in mobile assets. The author does not perform empirical ex post analysis of implementation of the Cape Town Convention, but this thesis will form a solid background for such research in the future. This study, apart from its scholarly importance, has clear practical value: its conclusions (including a number of treaty-making lessons originating from this research) can assist governmental officials, representatives of international organisations and legal advisors (both external and internal) participating in the treaty-making process and, it is hoped, will strengthen he attractiveness of conventions as an instrument of harmonising commercial law in the future.

Authors: Didenko, A

• Alternative title: Documentary history of the Cape Town Convention
• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford
• Language: English
• Keywords: lessons; rail Protocool; mining equipment financing; Berlin Protocol; Cape Town Convention; treaty making; secured transactions; aviation financing; treaty-making; challenges; construction equipment financing; agricultural equipment financing; aircraft protocol; Luxembourg Protocol; MAC Protocol; rail financing; space financing; documentary history; space protocol
• Subjects: Transnational commercial law; International commercial law; Commercial law; Secured transactions law