LAW 3516 - Jessup Moot

North Terrace Campus - Summer - 2014

Students are eligible to participate in this course by application and selection only. The Philip C Jessup International Law Moot Court Competition is the pre-eminent global mooting competition in international law. Team members will be eligible to enrol in the Jessup Moot course, a 3 unit law elective. Assessment will be a combination of an individual paper addressing an allocated aspect of the moot problem, the group?s written memorials submitted to the competition, and oral presentations made in preparation for the competition. Students will be expected to attend induction sessions. An intensive period of research (together with some mooting practice) will be required before the submission of the memorials, followed by an intensive period of mooting practice. The written memorials must be submitted in January, and the Australian regional round takes place in Canberra in February. Winners of the Australian round advance to the international final in Washington DC in March.

  • General Course Information
    Course Details
    Course Code LAW 3516
    Course Jessup Moot
    Coordinating Unit Adelaide Law School
    Term Summer
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact 3 hours per week
    Prerequisites LAW 1501
    Incompatible LAW 2084
    Assumed Knowledge LAW 2520
    Course Description Students are eligible to participate in this course by application and selection only.
    The Philip C Jessup International Law Moot Court Competition is the pre-eminent global mooting competition in international law. Team members will be eligible to enrol in the Jessup Moot course, a 3 unit law elective. Assessment will be a combination of an individual paper addressing an allocated aspect of the moot problem, the group?s written memorials submitted to the competition, and oral presentations made in preparation for the competition.
    Students will be expected to attend induction sessions. An intensive period of research (together with some mooting practice) will be required before the submission of the memorials, followed by an intensive period of mooting practice. The written memorials must be submitted in January, and the Australian regional round takes place in Canberra in February. Winners of the Australian round advance to the international final in Washington DC in March.
    Course Staff

    Course Coordinator: Associate Professor Matthew Stubbs

    Course Coordinator: Dr Matthew Stubbs

    Faculty Advisor: Associate Professor Dale Stephens CSM

    Team Coach: TBA
    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

    The course is taught through irregular meetings and mooting sessions, scheduled as determined by the course coordinator in order to prepare adequately for the Jessup competition.

    The full timetable of all activities for this course can, therefore, NOT be accessed from the Course Planner.
  • Learning Outcomes
    Course Learning Outcomes
    1 Read and analyse primary sources, and develop an understanding of the principles of public international law
    2 Read, synthesise, analyse and evaluate secondary materials with a critical understanding of the principles of public international law
    3 Understand the role and operation of the International Court of Justice
    4 Undertake self-directed international legal research at a high level, including through the use of online technologies
    5 Understand and apply core principles of public international law in problem solving
    6 Communicate clearly and concisely in written form
    7 Communicate persuasively orally
    8 Demonstrate ability to successfully engage in teamwork in a legal environment
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Knowledge and understanding of the content and techniques of a chosen discipline at advanced levels that are internationally recognised. 1,2,3,4,5,6
    The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 1,2,3,4,5,6
    An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 4,5,8
    Skills of a high order in interpersonal understanding, teamwork and communication. 6,7,8
    A proficiency in the appropriate use of contemporary technologies. 4
    A commitment to continuous learning and the capacity to maintain intellectual curiosity throughout life. 1,2,3,4,5,6,7,8
    A commitment to the highest standards of professional endeavour and the ability to take a leadership role in the community. 1,2,3,4,5,6,7,8
    An awareness of ethical, social and cultural issues within a global context and their importance in the exercise of professional skills and responsibilities. 1,2,3,4,5,6,7,8
  • Learning Resources
    Required Resources
    Jessup Compromis, Clarifications, Basic Materials (in 2 batches), International Rules, Australian National Rules Supplement (Available at http://www.ilsa.org/jessup/)
    Recommended Resources
    • Stephen Hall, Principles of International Law (LexisNexis Butterworths, 4th ed, 2014).
    • James Crawford, Brownlie’s Principles of Public International Law (Oxford University Press, 8th ed, 2012).
    • Donald R Rothwell et al, International Law: Cases and Materials with Australian Perspectives (Cambridge University Press, 2011).
    • Gillian D Triggs, International Law: Contemporary Principles and Practices (LexisNexis Butterworths, 2nd ed, 2010).
    • Vaughan Lowe, International Law (Oxford University Press, 2007).
    • Malcolm N Shaw, International Law (Cambridge University Press, 6th ed, 2008).
    • Peter Malanczuk (ed), Akehurst’s Modern Introduction to International Law(Routledge, 7th rev ed, 1997).
    • Donald K Anton, Penelope Mathew and Wayne Morgan, International Law: Cases and Materials (Oxford University Press, 2005).
    • Sam Blay, Ryszard Piotrowicz and Martin Tsamenyi, Public International Law: An Australian Perspective (Oxford University Press, 2nd ed, 2005).
    • Robert Jennings and Arthur Watts (eds), Oppenheim’s International Law (Longman, 9th ed, 1992).
    • David Harris, Cases and Materials on International Law (Sweet and Maxwell, 7th ed, 2010).
    • Anthony E Cassimatis et al, An Australian Companion to Harris (Lawbook Co, 2nd ed, 2011).
    • Martin Dixon, Textbook on International Law (Oxford University Press, 6thed, 2007).
    • Antonio Cassese, International Law (Oxford University Press, 2nd ed, 2005).
    • Australian Guide to Legal Citation (Melbourne University Law Review Association, 3rd ed, 2010).
    Online Learning
    Students are expected to check MyUni regularly to keep up to date with announcements, materials and learning resources throughout the course.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    The required oral presentations (moots) will provide an opportunity for students to test their understanding of their work completed in preparing their individual papers and group Memorials, and to refine their skills of oral advocacy.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    Contact time: attend 36 hours of discussions and moots over the duration of the course.

    Preparation time: In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assignments. The University expects full time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies.
    Learning Activities Summary
    Moots of Individual Papers In the three weeks prior to individual papers being due
    Individual Papers due By negotiation
    Mooting of Memorial In the weeks prior to submission of memorials
    Final draft of Memorial submitted to course coordinator for comment By negotiation
    Submission of Memorials In accordance with the Jessup Rules
    Practice Moots Between Memorial Submission and Departure for Canberra
    Australian National Rounds (Canberra) As announced by the National Administrator of the Jessup Moot Competition
    Specific Course Requirements
    You will be provided with after-hours access to the Law Library to facilitate your research in this course
    Small Group Discovery Experience
    Not applicable.
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    Assessment Item Per cent of final mark Dates Length Redeemable in the exam?
    Individual Paper (Compulsory) 20% By negotiation 4,000 words maximum N/A
    Group Memorials (Compulsory) 30% In accordance with the Jessup Rules In accorance with the Jessup Rules N/A
    Individual Oral Presentations (Compulsory) 50% Various N/A N/A
    Students should note that the majority of assessment in this course is individual. Marks in the course will, therefore, vary according to achievement (sheer effort is not rewarded).

    The course is designed to provide students with the maximum amount of feedback permissible under the Jessup Moot rules. Students will receive prompt feedback on their Individual Paper, a draft of their Group Memorial, and at the conclusion of each practice oral presentation throughout the course. Feedback on the Group Memorial itself will be available after the Jessup Moot competition has concluded.
    Assessment Related Requirements
    To be eligible to pass, students must: (1) attend all meetings and mooting sessions (except with prior approval from the course coordinator); and (2) complete all compulsory assessment.

    Each item of assessment, and each meeting or mooting session, is indispensable to the team’s success. Failure by any student to complete any task would prevent the entire course from achieving its objectives, and will result in a fail grade
    Assessment Detail

    1.               Individual Paper 20%

    Due Date: By Negotiation

    The individual paper will be on the part of the Compromis allocated to you. The format may vary according to your preferences, incorporating elements of an academic essay or a detailed solution to a problem question, but must incorporate the following elements:

    • Identification of the relevant legal principles
    • Consideration of the nature and source of the relevant legal principles (e.g. binding or aspirational, treaty-based or customary international law, soft law etc)
    • Consideration of whether the principles identified are binding on both parties to the dispute, or if not, what legal principles will be held to apply to both
    • Presentation of the appropriate argument that should be put by each party given the factual information provided
    • Identification of the strengths and weaknesses of each party’s argument.

    An optional addition that you may wish to include in your paper, but which is not strictly required at length, is a critical analysis of the state of international law on this topic.

    You need not aim to use all of the available words just because they are there, but you should feel free to use them if you have that much detail to cover. If you feel that the word limit is insufficient to cover the material, you may apply by email to the Course Coordinator for an increase in word limit.

    The individual papers should comply with the requirements listed below under ‘Submission’.


    2.               Group Applicant and Respondent Memorials 30%

    Due Date: In accordance with the Jessup Moot rules

    Please note – compliance with the Jessup Moot rules relating to date and time of submission is required. Failure to meet the Jessup rules will be penalised – submitting a copy for assessment in this course by 2pm on the following day will be acceptable, providing the copies required by the Jessup rules are submitted within the timelines dictated by the Jessup rules.

    The group memorials must comply with all rules specified in the International rules and National rules of the Jessup competition. Any failures to comply with those rules may be punished either in accordance with the provisions listed below, or in accordance with the rules (International and/or National) of the Jessup competition, or in any other appropriate manner at the discretion of the Course Coordinator.

    The group memorials assessed will be those submitted by the team to the Jessup competition. The memorials will be assessed against the following criteria:

    • Coherent organisation of memorial
    • Logical structure of argument
    • Clarity of expression
    • Identification of relevant legal principles
    • Identification of the sources and nature of those principles
    • Identification of the application of the principles to the parties
    • Appropriate argument for each party given the factual information provided
    • Presentation of a balanced and persuasive argument (including acknowledgement and appropriate handling of weaknesses)
    • Compliance with obligations to the court

    Each member of the group will receive the group mark for this assessment item, except in exceptional circumstances. Without limiting the circumstances that will be considered relevant, a common mark is awarded to group work on the basis that the contribution and performance of each student has been roughly equal. Each student’s contribution is measured in respect of the quality of the academic work they individually performed within the group, but also takes into account their contribution to the group more broadly (including performance of administrative tasks, regularity and equity of contribution, cooperative behaviour, time and task management etc).

    If inequity of contribution is identified as an issue, the student(s) involved will be informed of the manner in which it is believed that have performed unequally, and will be asked to explain their contribution to the group and justify why they believe they are entitled to share in the joint group mark. Having considered all relevant submissions from group members, the Course Coordinator will decide as to whether individual marks should be awarded to a student or students, and if so, what those marks should be.

    Students experiencing group work issues are urged to contact the Course Coordinator at the earliest possible opportunity. When a difficulty is notified, action will then be taken to seek a cooperative solution to the problem. Difficulties notified only after group work has been completed are unlikely to justify separate marks being awarded.


    3.               Oral Presentations 50%

    Each student will be expected to participate in moots in Adelaide (most of which will be in January) in preparation for the oral rounds of the Jessup competition. Each student will be assessed on two oral presentations, which will be undertaken as close as possible to the team’s departure to Canberra. Each exercise will be marked by either the Course Coordinator or the guest judge, and an average of the two marks awarded will be credited to the final grade.

    The assessment criteria will mainly follow the Jessup guidelines, which are:

    • knowledge of law (approximately worth 30% of each oralist’s score);
    • application of law to the facts (approximately worth 25% of each oralist’s score);
    • ingenuity and ability to answer questions (approximately worth 30% of each oralist’s score);
    • style, poise, courtesy and demeanour (approximately worth 10% of each oralist’s score); and
    • time management and organization (approximately worth 5% of each oralist’s score).

    The assessment criteria will also take into account your ability to anticipate and persuasively respond to your opponent’s argument, your compliance with appropriate ethical and procedural obligations, and the overall quality of your engagement with the judge(s).

    The availability of a remark for oral presentation marks may, for practical reasons, be more limited than with written assessment. In the extremely unlikely event that you feel the final oral presentation mark awarded to you is not fair, I encourage you to discuss this with me. If there is a recording of your presentation (and some of your presentations will normally be recorded on MyUni) then the recording could be re-marked – you would have the usual 10 business days (from the date on which you are advised of your oral presentation marks) in which to lodge a remark application. If there are no recordings, and I am not convinced by your argument, the only avenue available would be a formal appeal under the provisions of the Student Grievance Resolution Process. No student has ever pursued a remark application or appeal in my time as Course Coordinator of the Jessup Moot, but I include this information for the sake of completeness.

    Submission

    Students must retain a copy of all assignments submitted.

    All assignments in this course are to be submitted electronically by email to the Course Coordinator. Students may be requested to provide in hard copy an Assignment Cover Sheet that accurately states the word length, and contains a signed declaration that the assignment consists of the students own work. A student’s results will be withheld until such time as the student has signed the Assignment Cover Sheet. Markers can refuse to accept assignments which do not have a signed acknowledgement of the University’s policy on plagiarism.

    All written work in the Law school is required to comply with the approved Law School style guide, The Australian Guide to Legal Citation.

    The quality of English expression is considered to be an integral part of the assessment process.

    Extensions: Requests for extensions must be made electronically according to law school policy. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.

    Penalties:
    1. For the Group Memorials, penalties for any breach of the Jessup Moot rules apply at the discretion of the Course Coordinator.
    2. For Individual Papers, standard penalties apply:
      1. Late Submission: Submission penalties of 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay graded 63% will have 5% deducted if it is one hour late, for a final grade of 58%, 10% if it is 25 hours late, etc.
      2. Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.

    Turnaround time: Written feedback will be provided on the individual papers and draft memorials within one week of submission. Feedback on oral presentations will be provided at the conclusion of each moot session. The individual papers and group memorials will be returned to students after the Jessup Moot competition is completed. Students will be notified by email when assignments are ready for collection from the Law School Front Office

    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support

    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/

  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:

    https://unified.adelaide.edu.au/group/law-school/policies-and-procedures

    Plagiarism and other forms of cheating

    Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide 2014, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

    Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.

  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.