The Structure of This Book
This book consists of three parts. In the first part on the general perspectives on the subject, Chap. 1 by Jeffrey Wool, one of the core drafters of the Cape Town Convention, elaborates on the design of the Convention and the meaning of national implementation in the context. It is followed by Chap. 2 by Souichirou Kozuka, which is the general report giving the overall analysis of the subject. This chapter briefly reviews the main features of the Cape Town Convention and then discusses the three main values that the Cape Town Convention brings to the domestic law.
The second part collects contributions on various nations’ implementation. Among the eighteen contributions, nine are from Contracting States, while another nine came from non-Contracting States. Subpart A consists of the former contributions, namely, Chap. 3 (Canada) by Frederique Sabourin, Chap. 4 (England and Wales) by George Leloudas, Chap. 5 (Indonesia) by Prita Amalia, Chap. 6 (Malaysia) by Mary George, Chap. 7 (the Netherlands) by Sjef van Erp, Chap. 8 (Russia) by Nataliya Doronina, Chap. 9 (South Africa) by Phetole Sekhula, Chap. 10 (Spain) by Teresa Rodriguez de las Heras Ballell and Chap. 11 (USA) by Charles W. Mooney, Jr. Subpart B includes the latter chapters, namely, Chap. 12 (Finland) by Teemu Juutilainen; Chap. 13 (France) by Philippe Delebecque; Chap. 14 (Germany) by Benjamin von Bodungen; Chap. 15 (Greece) by Elina N. Moustaira; Chap. 16 (Italy) by Anna Veneziano; Chap. 17 (Japan) by Haruna Fujisawa; Chap. 18 (Poland) by Maria Dragun-Gertner, Zuzanna Peplowska-Dqbrowska and Jacek Krzeminski; Chap. 19 (Portugal) by Maria Helena Brito; and Chap. 20 (Switzerland) by Benedict Foex.
The third part is made up of three chapters, commenting on each of the three Protocols by a practitioner knowledgeable about the subject: Chap. 21 (Aircraft Protocol) by Patrick Honnebier, Chap. 22 (Luxembourg Rail Protocol) by Howard Rosen and Chap. 23 (Space Protocol) by Daniel A. Porras. Although the Base Convention and the three Protocols are constructed by a consistent design, it should not be overlooked that the three Protocols differ from each other, corresponding to the different nature of the relevant transactions. The three chapters in this part give the readers insights into these Protocol-specific issues.
At the end of the book, the questionnaire used to invite national reporters to develop their analysis is included as Appendix. When chapters on individual jurisdictions mention the questionnaire or a specific question in it, the reader is referred to this Appendix.