78262 Jessup International Moot
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particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): (22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies)) OR ((142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice OR 94 credit points of completed study in spk(s): C04236 Juris Doctor) AND 70106c Principles of Public International Law AND 70107 Principles of Company Law) OR ((70106 Principles of Public International Law OR 94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Note
Selection for the Faculty of Law team is via a competitive process and is limited to a maximum of five students annually. Calls for expressions of interest are posted online during Spring Session. Only students selected for the team by the subject co-ordinator can participate in this subject.
For further information please refer to this link: https://www.uts.edu.au/current-students/current-students-information-faculty-law/competitions-and-prizes/mooting/mooting-competitions
Description
This subject offers students an opportunity to participate in the 'Philip C. Jessup International Law Moot Court Competition' for credit. This is the world's largest moot court competition, organised by the International Law Students Association, Washington, DC. It was established to provide law students with simulated courtroom experience in international law advocacy. Named after a United States representative to the International Court of Justice who played a key role in the formation of the International Law Commission, the first round was held in 1960 at Harvard. This competition simulates a hypothetical dispute between countries and a mock case before the International Court of Justice, the judicial organ of the United Nations. Each year a new hypothetical case, based on complex current issues of public international law, is published. The limited set of facts – concerning a dispute between the two fictional states appearing before the International Court of Justice – requires detailed research into both international and comparative law to prepare complex pleadings for both sides.
Student teams analyse the problem, conduct detailed legal research, develop legal arguments and prepare written and oral pleadings arguing both the applicant and respondent positions of the case. Teams compete against each other, presenting their submissions which are evaluated by judges based upon advocacy skills and knowledge of international law. Teams present oral submissions in four preliminary rounds in Canberra, with the top eight teams moving to the national rounds in February. The grand final is traditionally held in the High Court of Australia with two grand-finalists representing their universities in Washington D.C. each April. This subject is demanding and equivalent to a substantial research project. A team of up to five students is selected to represent UTS:Law. For current opportunities and further information on mooting competitions see UTS:Law Mooting Competion Program.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Plan and analyse wide-ranging, strategic legal research to provide targeted information for effective international legal arguments. |
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| 2. | Evaluate and apply the principles of public international law to develop original arguments in response to complex international legal issues. |
| 3. | Engage with extensive preparation and effectively collaborate with a team to successfully prepare and present a competitive moot and implement multiple forms of feedback to reflect upon and improve individual and team preparation and performance. |
| 4. | Develop and communicate coherent, persuasive and balanced written memorials and oral submissions for the International Court of Justice. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including an ability to:
a. Identify and articulate complex legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate theoretical and practical responses; and
c. Demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses. (3.1) - Research Skills
Specialist cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues including an ability to:
a. Demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions; and
b. Apply ethical research practices. (4.1) - Communication
Well-developed professional and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. A cognisance of advanced communication technologies and willingness to adopt where appropriate; and
e. An ability to respond respectfully. (5.1)
Teaching and learning strategies
Strategy 1 - Independent research preparation and advice
Independent learning is central in this subject and each student undertakes substantial work to research and prepare for the moot, both independently and guided by their coach and academic advisor. Students carry out the detailed research necessary to prepare complex pleadings for both sides. The specific mooting problems for are circulated to students by the organisers of each competition (on websites, etc). Working with the breadth of resources available for contemporary questions, students research one of the issues defined in the problem, critically analysing and synthesising information and materials. Students also work in teams to find good examples of moots online (see previous Jessup Final Round Videos - https://www.ilsa.org/jessuphome ), independently evaluating their quality to learn from the specific communication skills and successful competition strategies of other winning moot teams.
Strategy 2 - Developing Written Submissions
Students utilise their research to individually write (and contribute to) written submissions from the applicant and respondent within a maximum length prescribed. These submissions involve both individual work and working with other team members cooperatively. Drafts of submissions are submitted to the coach who provides feedback on legal analysis and matters of style, written expression, grammar and compliance with the moot rules. Students incorporate this feedback in their preparation of further drafts and final edits.
Strategy 3 - Collaborative Teamwork and Coaching with Feedback
Teamwork and collaborative effort are the hallmarks of mooting and an essential learning strategy in this subject. Students collaborate amongst themselves and also participate in regular team meetings and practice moots. Working closely with their team on research and submissions as they prepare for practice moots, together students identify the strongest and weakest points from their submissions to use in their respective roles. In team meetings and practice moots students ask questions of their peers, coach and/or academic advisor to obtain feedback on their progress in written and oral mooting skills and outputs to develop their learning. Student teams also work closely with their coach and/or faculty advisor to develop their written communication and advocacy skills through feedback and consultation. The final mark for the subject is usually awarded as a group mark, therefore, the contribution of each student is critical to the team’s performance as a whole. Any delays in submission of memorials / written submissions results in penalties by the competition administrators to the entire team and impacts upon the mark and grade awarded to each student for this subject.
Content (topics)
The annual Jessup Problem (or Compromis), which focuses on complex and current issues of international law, will be available in September on the website: https://www.ilsa.org/jessuphome
Assessment
Assessment task 1: Group Applicant and Respondent
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 3.1, 4.1 and 5.1 |
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| Weight: | 33% |
| Length: | 2 x 11,000 words (group submissions) |
| Criteria: |
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Assessment task 2: Preparation for and participation in
| Objective(s): | This task addresses the following subject learning objectives: 1 and 3 This task contributes specifically to the development of the following graduate attributes: 3.1 and 5.1 |
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| Weight: | 67% |
| Criteria: |
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Required texts
Students are expected to read the following mooting text:
Joel Butler and Terry Gygar, Australasian Mooting Manual (Lexis Nexis, 2nd ed, 2012)
There is no specific legal text, and materials will vary each year depending on the issues arising from the moot question. Numerous online resources are made available to competitors by the competition organisers each year.
A variety of useful resources for this competition can be found on the Jessup Research Resources pages -
https://www.ilsa.org/jessuphome/2014-08-15-09-28-07/research-resources