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The Approach of Analysis

To achieve the goal, this book has collected reports from various countries. Some of them are States Parties to the Cape Town Convention. For these States, the reports literally cover the issue of implementation of the Convention. They describe, as technical aspects of implementation, what laws have been enacted or amended, which laws were abolished and then whether there remains any uncertainty. They also discuss the substantive issues, namely, how the domestic law before ratification differed from the Cape Town Convention and what arguments were made when changing such substantive rules.

For those States that are not Parties yet, the reports discuss how their laws differ from the Cape Town Convention and then evaluate whether such existing laws are satisfactory. In some contributions, there are implications about whether the State will benefit from becoming a Party to the Convention and what, if any, the hurdles are against doing so.

Recently it has been emphasised that, once adopted, the Convention needs to be interpreted by the autonomous interpretation, free from the legal concepts, terminology or interpretive techniques of the domestic law.[1] From that perspective, the analysis of the existing domestic law, in particular the domestic law that a State Party used to have, might seem irrelevant. However, this author believes that the comparison of the Convention and the existing domestic law is useful to highlight the changes the Convention has made, or is going to make, to the domestic law. As mentioned above, such an analysis will also reveal the unique features of the Cape Town Convention as the uniform law instrument.

How This Book Has Developed

The book developed from a session at the XIXth International Congress of Comparative Law held at the University of Vienna on 22 July 2014. As general reporter of the session, this author received twelve national reports and presented the general reports based on them. The national reports were prepared in response

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to the Questionnaire that the author sent to the reporters in advance, which is reproduced in the Annex of this book. After the Congress was over, the national reporters were asked to revise their reports to fit in this book’s format. This author, on the other hand, sought for contributions from other countries as well as from some practitioners, to make the book as comprehensive as possible. The latter contributions do not necessarily cover all the questions in the questionnaire, but focus on what the contributor thought unique to, or important under, the legal system of their countries.

  • [1] Jeffrey Wool and Andrej Jonovic, The relationship between transnational commercial law treaties and national law - A framework as applied to the Cape Town Convention, The Cape TownConvention Journal Issue 2, p.65 at p.69 (2013).
 
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