LLAW3273 Mooting and International Appellate Advocacy

2016

4.5

1 Admission into BLAWLP-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1c Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1d Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
1e Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
2 18 units of first year LLAW topics
3 1 of LLAW3250, LLAW3047, LLAW2108, LLAW3248, LLAW3249, LLAW2109
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e) and 2 and 3)

This topic will primarily be directed to preparing students for participation in one of two mooting competitions the (1) Philip C Jessup International Law Moot Court Competition (Jessup) and the (2) Jean-Pictet international Humanitarian Law Moot (IHL Moot).

The Jessup finals are held at the ANU in Canberra in Jan- Feb each year and the IHL Moot is late in June. The preparation and submission of memorials occur from October to early January for the Jessup and March to June for the IHL moot. Both moots are internationally recognised prestigious student mooting competitions.

Finalists for the Jessup (the two top Australian teams) may have a chance of securing places at the international Jessup finals held each year in the United States. The IHL Moot is a national competition run every year during the annual Australian Law Students Association (ALSA) conference and is jointly sponsored by ALSA and the Australian Red Cross. Successful IHL teams may have an opportunity to participate in International IHL mooting competitions. The subject matter of both moots is international law. The Jessup moot involves the presentation of legal argument before a simulated International Court of Justice, while the IHL moot generally involves the presentation of an appeal before the appeal chamber of a simulated International Criminal Court.

This topic aims to assist students to know and understand aspects of international appellate advocacy and mooting by developing an understanding of the following:

• the appellate pleadings required to present a case before the ICJ and ICC

• the role and responsibilities of a member of a legal team presenting appellate arguments at the international level

• how to draft memorials and present arguments before international courts

• how to analyse intricate and multiple issues associated with presenting legal argument at the international level

• specialised areas of international law involved in these disputes

• the topic also aims to provide students with the ability to participate as a member of Flinders University Law School in mooting competitions at the national and international level

It is expected that on completion of this topic students will:

• have knowledge of the mechanisms applicable to participation in the Jessup and IHL mooting competitions

• be able to apply and evaluate the process of applying the international law principles by which international disputes and prosecutions are resolved at the international level in the context of the Jessup and IHL moots

• be able to apply and evaluate some of the academic discourse relating to this branch of international law

• demonstrate the role of being a team members in a national/international mooting competition

• be able to apply and evaluate some of the important cases and legal instruments which form part of this