The Cape Town Convention 20 years on

Louise Gullifer

Chapter 18 in The Elgar Companion to UNIDROIT, 2024, pp 262-276 from Edward Elgar Publishing

Abstract: The Cape Town Convention stands out amongst the Unidroit instruments for a number of reasons. First, it is the most successful hard law Unidroit instrument, and a rare example of truly successful hard law instrument in the commercial law sphere. Second, its creation and evolution has involved the development of many innovative devices in treaty construction and drafting. Third, because of its ‘umbrella’ structure of a main Convention and equipment-specific protocols, it creates a system which is constantly evolving and adapting to new subject matter. Fourth, through its approach to creating transnational certainty of creditor rights it can create real economic benefit. Fifth, the experience of the design and operation of the Cape Town Convention enables lessons to be learnt more generally about future treaties in the area of transnational commercial law. Twenty-one years on from its adoption, this chapter considers the specific and wider impact of the Cape Town Convention and its Protocols through consideration of these factors as a framework for evaluating the importance of the instrument in the past, the present and the future.

Keywords: Law - Academic; Politics and Public Policy (search for similar items in EconPapers)
Date: 2024
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.elgaronline.com/doi/10.4337/9781803924564.00031 (application/pdf)
Our link check indicates that this URL is bad, the error code is: 503 Service Temporarily Unavailable

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:21631_18

Ordering information: This item can be ordered from
http://www.e-elgar.com

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Darrel McCalla ().