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THE 2008 PHILIP C. JESSUP INTERNATIONAL LAW MOOT COURT COMPETITION
OFFICIAL RULES |
THE OFFICIAL RULES
OF
THE 2008 PHILIP C. JESSUP INTERNATIONAL LAW
MOOT COURT COMPETITION
TABLE OF CONTENTS
OFFICIAL RULE 1.0 ORGANIZATION OF THE COMPETITION
1.3 Establishment of Qualifying Tournaments
OFFICIAL RULE 2.0 PARTICIPATION AND ELIGIBILITY
2.2 Team Composition and Selection
2.2.1 Minimum requirements for Team Member eligibility
2.2.2 Executive Director's written permission required in certain cases
2.2.3 Executive Director’s Discretion
2.3.1 Selection by Intramural Competitions
2.3.2 Nationality Requirements
2.4 Outside Assistance to Teams
2.4.2 Penalty for Receiving Outside Assistance
2.4.3 Assistance from Faculty Advisors and Coaches
2.4.4 Assistance from Other Teams
2.5 Confidentiality of the Bench Memorandum
2.6 Use of Opposing Team's Memorials and Arguments
2.7 Problem Clarifications and Corrections
OFFICIAL RULE 3.0 TEAM REGISTRATION
3.1 Team Registration Form and Team Contact
3.2 Waiver of Registration Fee
3.4 Coach and Faculty Advisor Registration
3.5 Team Number as Identification
3.6 Changes to Registration Information
5.1 Eligibility of Persons to Judge
5.1.2 Faculty Advisors and Coaches
5.3 Judges Affiliated With Schools in the Competition
6.1.1 Memorials Submitted in Languages Other Than English
6.3.5 Summary of the Pleadings
6.3.6 Legal Argument Limited to Pleadings
OFFICIAL RULE 7.0 ORAL PLEADING PROCEDURES
7.1.1 Extension of Time at Judges' Discretion
7.3.1 Rebuttal and Surrebuttal
7.6 Competition Communications
7.6.1 Oral Courtroom Communication between Counsel and Judges
7.6.2 Oral Courtroom Communication and Activity at Counsel Table
7.6.3 Written Courtroom Communication
7.8 Interpreters and the Use of Interpreters
7.8.2 International Tournament
7.8.3 Team Members as Interpreters
7.8.4 Non‑Embellishment by Interpreters
7.10 Anonymity of Teams in Courtrooms
7.11 Computers and Laptops in Courtrooms
OFFICIAL RULE 8.0 QUALIFYING TOURNAMENT PROCEDURES
OFFICIAL RULE 9.0 INTERNATIONAL PAIRING PROCEDURES
9.2.1 Pairings for the Preliminary Rounds
9.2.2 Religious Scheduling Conflicts
9.3 International Run-off, Octafinal and Quarterfinal Rounds
9.3.1 International Run-Off Rounds
9.3.2 International Octafinal Rounds
9.3.4 National Representation Limitation
9.3.5 Pairings for the International Advanced Rounds.
9.4 Pleading Option in the International Tournament
OFFICIAL RULE 10.0 COMPETITION SCORING
10.2 Calculation of Scoring Points
10.4 Determination of Winners and Rankings from Preliminary Rounds
10.4.1 Determining the Winner of a Match
10.4.2 Preliminary Round Rankings
10.5 Scoring Procedures for Advanced Rounds
10.5.1 Method of Scoring – Qualifying Tournaments
10.5.2 Method of Scoring – International Run-Off, Octafinal, Quarterfinal and Semifinal Rounds
10.5.3 Method of Scoring – World Championship Shearman & Sterling Jessup Cup Round
11.2.2 Deduction of Penalties by Judges Prohibited
11.2.3 Activity Subject to Oral-Round Penalties
11.2.4 Discretionary Penalties
11.4 Power to Promulgate Additional Measures
12.2 The Hardy C. Dillard Award
12.5 The Spirit of the Jessup Award
The following terms have the corresponding meanings.
"Administrator" means, with respect to any Tournament, the person appointed to administer that Tournament.
"Advanced Rounds" means, with respect to any Tournament, all of the applicable Championship Rounds, Semifinal Rounds, Quarterfinal Rounds, Octafinal Rounds, and Run-Off Rounds conducted at that Tournament.
"Applicant" means the side of the Team which argues on behalf of the Applicant state at any given point in the Competition.
"Bench Memorandum" means the memorandum of laws and authorities concerning the Competition Problem prepared by the ILSA Executive Office for the exclusive use of Competition judges, as described in Rule 5.5.
“Coach” means an individual who at any time during the competition year has responsibility for organizing or training a Team.
"Competition" means the 2008 Philip C. Jessup International Law Moot Court Competition.
"Competition Problem" means the official Compromis of the Competition as supplemented, clarified, or corrected by the ILSA Executive Office.
"Executive Director" means the Executive Director of the International Law Students Association.
“Faculty Advisor” means a faculty member of a participant school who at any time during the competition year advises a Team.
“ILSA Executive Office” means the executive office of the International Law Students Association.
"International Tournament" means the Shearman & Sterling International Rounds, the final stage of the Competition, held among the Representatives from each nation.
"Memorial" means the written pleadings of each Team, written and submitted pursuant to these Rules.
"National Rules Supplement" means additional rules or clarifications applicable to the Teams from one nation, which must be approved by the Executive Director and made available to all Teams from that nation. (If a Team is unsure whether any National Rules Supplement is applicable to it, the Team should contact the Administrator or the Executive Director.) All Teams are advised that National Rules Supplements may exist for their Qualifying Tournament.
"Official Schedule" means the official timetable of the Competition, setting forth all relevant events and deadlines associated with the Competition.
"Oral Round" means a single match of oral presentation between two Teams, one representing Applicant and one representing Respondent, as described in Rule 7.0.
"Penalty" means the consequence of a rule violation, whether disqualification or the deduction of raw points pursuant to Rule 11.0.
"Problem Clarifications and Corrections" means the official clarifications and corrections to the Official Compromis, as published pursuant to Rule 2.7.
"Qualifying Tournament" means any Tournament administered with the approval of the ILSA Executive Office through which a nation determines the Teams that will advance to the International Tournament.
"Representative," "National Representative," or"Regional Representative" means a Team selected to represent their nation at the International Tournament, whether by Qualifying Tournaments or by other means.
"Respondent" means the side of the Team which argues on behalf of the Respondent state at any given point in the Competition.
"Rules" means these Official Rules of the Competition and any applicable National Rules Supplements.
"Team" means a team of eligible students recognized by the ILSA Executive Office which competes in the Competition, pursuant to Rule 2.0.
“Team Member” means any eligible student who is or will be registered as a competitor of a Team by the deadline provided in the Official Schedule.
"Tournament" means a competitive level of the Competition.
The Competition is presented annually by the International Law Students Association (ILSA). The Competition is administered by the Executive Director of ILSA. The ILSA Executive Office is located at 25 East Jackson Boulevard, Suite 518, Chicago, IL, 60604, U.S.A., tel: +1 (312) 362-5025, fax: +1 (312) 362-5073, email: ilsa@ilsa.org.
All materials developed by ILSA for the Competition, including, without limitation, the Official Rules, the Competition Problem, and the Problem Clarifications, are the sole property of ILSA, and may not be reproduced for any purpose other than participation in or administration of the Competition without the express and prior written consent of the ILSA Executive Director. In addition, all Memorials become the sole property of ILSA, and may not be republished without its express consent.
(a) The Competition consists of two levels of competitions: (1) Qualifying Tournaments, and (2) the International Tournament. Qualifying Tournaments are held in each nation where more than one Team wishes to participate in the Competition. The International Tournament represents the final level of the Competition, designated as the Shearman & Sterling International Rounds, and includes Preliminary Rounds, Advanced Rounds, and the World Championship Shearman & Sterling Jessup Cup Round. Each Tournament consists of written pleadings and oral pleadings.
(b) The Executive Director will determine the exact number of Teams participating in the International Tournament and the manner in which they are chosen, provided that each participating nation is permitted to enter at least one (1) Team in the International Tournament of the Competition for every ten (10) Teams participating in that nation's Qualifying Tournament(s). In nations where only one Team registers, that Team is the National Representative to the International Tournament.
If more than one Team registers from a particular nation or jurisdiction, the Executive Director will inform all such Teams of the name and contact information of the Administrator of their Qualifying Tournament. The Team that wins the Qualifying Tournament is the National Representative to the International Tournament.
The Executive Director will appoint an Administrator for each Qualifying Tournament. The Administrator will designate the date and location for the Qualifying Tournament and must conduct the Qualifying Tournament consistent with these Rules and in consultation with the Executive Director.
An Administrator may not serve as coach or in any other way assist a Team registered in his or her Qualifying Tournament. An Administrator may not act as a judge in actual or exhibition Rounds of his or her Qualifying Tournament.
The Executive Director shall serve as final arbiter of implementation and interpretation of these Rules and of any National Rules Supplement.
(a) All law schools, law faculties, and institutions with international law‑related degree programs are eligible to participate in the Competition. All determinations of eligibility are in the discretion of the Executive Director. In certain exceptional cases, the Executive Director, in consultation with the relevant National Administrator, may grant eligibility to institutions with degree programs in international relations, provided that adequate instruction in international law will be available to the Team.
(b) Each school may enter one Team. In extenuating circumstances, an Administrator may petition the Executive Director, in writing, to allow multiple Teams from a single school. Such representation may be allowed if it is established that each Team fulfills the participation and registration requirements of these Rules and one of the following conditions is met: 1) a local competition would be difficult or impossible to hold due to school regulations, calendars or other circumstances beyond the control of the Administrator or Teams participating; or 2) the Teams represent different colleges, faculties, branches, departments, or campuses of the same school and will be participating independently of each other.
(c) Teams which have outstanding debts for fees or other Competition obligations (including the United States hosting obligation as described in the United States National Supplement) are not eligible to compete in the following year's Competition until such fees have been paid or obligations have been met.
(d) Any Team which utilizes an ineligible Team Member (Official Rule 2.2), improper outside assistance (Official Rule 2.4), the Bench Memorandum (Official Rule 2.5), or another Team's Memorial without authorization under these Rules (Official Rule 2.6) will be disqualified from the Competition.
A Team may be composed of two (2) to five (5) members. No more than 5 individuals may contribute to the work product of the Team over the course of the competition year. The competition year begins on the date of the release of the Competition Problem and ends at the conclusion of the Shearman & Sterling International Rounds. Substitutions are not permitted after the release of the Competition Problem except in extenuating circumstances and only with the permission of the Executive Director.
A person may be a member of a Team if he or she:
(a) is pursuing a law degree or an international law-related degree; and
(b) is enrolled at an eligible institution as a full-time or part-time student during the relevant academic year and plans to participate in the Competition on behalf of that institution; and
(c) has not engaged in the practice of law in any jurisdiction after graduating from any type of law degree program.
In addition to satisfying Rule 2.2.1, a person must additionally obtain the written permission of the Executive Director to be a member of the Team, if the person:
(a) is enrolled as a visiting or exchange student rather than as a degree candidate, or is otherwise enrolled at more than one institution;
(b) is serving as an extern or apprentice; or
(c) is enrolled in a program of study leading to a Masters of Law degree (LL.M.), a Doctor of Laws degree (e.g., Ph.D., D.Phil.), or a similar advanced law degree.
The Executive Director shall have the discretion to grant or deny eligibility in certain exceptional circumstances notwithstanding the provisions of Rule 2.2, but shall do so only in accord with the spirit of these Rules and in the best interests of the Competition.
Team Members may be chosen by any method approved by the responsible authority within the school, subject to the following provisions:
If a school wishes to hold an intramural competition to determine the composition of its Team, the current Competition Problem may not be used unless approved in writing by the Executive Director.
Administrators may not, without the written approval of the Executive Director, set nationality requirements with regard to the composition of Teams. Requests for such approval must state clearly in writing the reasons for such a requirement and must be incorporated in the approved National Rules Supplement, in accordance with these Rules.
Each Team must research, write, edit, and develop its own legal and factual arguments without the assistance of persons who are not members of the Team.
Any Team which receives outside assistance will be disqualified from the Competition.
As a general principle, a Team shall have no greater number of coaches and/or faculty advisors than is necessary to adequately prepare the Team for fair competition.
Notwithstanding the provisions of Rule 2.4.1, faculty advisors and coaches may provide advice to a Team, provided such advice is limited to:
(a) general instruction on the basic principles of international law;
(b) general advice on research sources and methods;
(c) general advice on memorial writing techniques;
(d) general advice on oral advocacy technique;
(e) general advice on the organization and structure of arguments in the Team’s written and oral pleadings;
(f) general commentary on the quality of the Team’s legal and factual arguments;
(g) advice on the interpretation and enforcement of these Rules; and
(h) advice as to pleading option or similar strategy.
Teams, coaches, and faculty advisors from any Team, including Teams that have been eliminated from the Competition, may not provide assistance in any way to any other Team. Assistance hereby prohibited includes, but is not limited to, giving the Team's notes or Memorials to an advancing Team, engaging in practice moots against an advancing Team, and providing video or audio tapes of previous rounds, either practice rounds or competitive tournament rounds, to an advancing Team. In certain circumstances, the Executive Director may allow for assistance if deemed to be in the bests interests of the Competition.
Unless prior approval is granted in writing by the Executive Director, Team Members may not participate or be enrolled in a class or course which uses the current year’s Competition Problem as a subject matter of instruction, as a teaching tool, or as a means for selecting Team Members. No approval is necessary if student enrolment in the course is limited to Team Members. In any case, even when approval is unnecessary or has been granted by the Executive Director, Team Members must comply with the other provisions of Official Rule 2.4 regarding Outside Assistance.
(a) Teams may organize "practice rounds" of oral pleadings involving the Competition Problem to prepare the Team for competition. In practice rounds, the persons presenting arguments for the applicants and respondents must be from the same Team.
(b) Outside persons may serve as judges in practice rounds provided that they:
(1) do so only after the submission of Memorials;
(2) are not formally affiliated with any other Team in the Competition;
(3) abide by the provisions of Rule 2.5 with respect to the confidentiality of the bench memorandum;
(4) confine their comments and feedback to general commentary on the advocacy style and technique of the speakers, and to commentary respecting the general rules of international law; and
(5) refrain from making commentary or suggestions about specific substantive arguments.
(a) The Bench Memorandum is strictly confidential. The Executive Director will disqualify any Team which makes use of the Bench Memorandum. Teams who obtain a copy of the Bench Memorandum should immediately return it to the Executive Director without examining the contents.
(b) The Bench Memorandum may not be used at practice rounds or any other event that is not an official Qualifying Tournament or the International Tournament.
(c) Individuals who have obtained access to the Bench Memorandum may not judge practice rounds.
A Team may not view or otherwise become privy to any Memorial other than the applicable Applicant or Respondent Memorials of each of its scheduled opponents. A team may incorporate arguments and other information from Memorials and from oral arguments of other Teams which the Team is authorized to view under this Rule.
Teams may request clarification and correction to the Competition Problem by submitting a written request to the ILSA Executive Office by the date in the Official Schedule. Based upon the requests received from all Teams, the ILSA Executive Office will publish Problem Clarifications and Corrections on the date in the Official Schedule. Each Team must ensure that it receives and adequately notes the Problem Clarifications and Corrections in preparation for the Competition.
Teams must not reveal their school or country of origin to judges at any time during a Tournament. The Administrator may disqualify or impose a Penalty against any Team that intentionally or inadvertently discloses its school or country of origin to a judge, whether or not such disclosure occurs during an Oral Round.
Each Team must register with the ILSA Executive Office by completing a registration form and paying the appropriate registration fee by the registration deadline in the Official Schedule. Each Team must designate a Team contact. Notice to the Team contact constitutes notice to all Team Members.
Teams unable to pay the registration fee may apply for a waiver from the Executive Director. The Executive Director will grant waivers in exceptional circumstances only.
Each Team must submit all Team Members' names and the degree program in which each Team Member is enrolled to the ILSA Executive Office by the deadline in the Official Schedule.
The name of each Coach and Faculty Advisor for a Team must be registered with the ILSA Executive Office by the registration deadline in the Official Schedule.
Once a Team has completed registration, the Executive Director will assign the Team a team number.
Teams must promptly notify the ILSA Executive Office of any changes or additions to registration information. This includes changes Team Members, coaches or faculty advisors, or changes to contact or mailing information. This reporting obligation continues throughout the course of the competition year until the Team has been eliminated from the Competition.
NOTE: In accordance with Rule 2.2, no more than 5 individuals may contribute to the work product of the Team over the course of the competition year. The competition year begins on the date of the release of the Competition Problem and ends at the conclusion of the Shearman & Sterling International Rounds. Additional Team Members may be added before the registration deadline in the Official Schedule if the maximum of 5 Team Members has not yet been reached. Team Members may not be substituted at any time after the release of the Competition Problem except in extenuating circumstances and only with the permission of the Executive Director.
The Executive Director, or the Administrator in consultation with the Executive Director, will determine persons who are eligible to serve as judges in any Tournament, subject to the following provisions.
Students may not act as judges, except LL.M. and other post‑graduate degree candidates who are not directly affiliated with any Team participating in the Tournament at which they are judging.
Team faculty advisors or coaches, or other persons directly affiliated with a Team, may not act as judges in any Tournament until the Team has been eliminated from the Competition.
Judges should not attempt to ascertain the school or country of origin of any Team during a Tournament. However, in circumstances where the judge believes his or her evaluation of a particular Memorial would be affected by knowledge of whether or not the native language of the Team is English, the judge may request the Executive Director to reveal whether English is the native language of the Team.
No judge should sit on a panel of any Oral Round involving a Team from a school with which the judge has an affiliation, acquaintance or other role which would create an appearance of impropriety, except in situations disclosed to and approved by the Executive Director. Merely being an alumnus of a host school does not constitute a violation.
Judges should disqualify themselves from judging a Team if they have a personal or professional relationship with the school or someone affiliated with that Team, and if that relationship might jeopardize their impartiality or create an appearance of impropriety. However, judges should not disqualify themselves from judging a round merely because they have an acquaintance with a Team Member or other affiliation or relationship with the school.
If a Team competing in an Oral Round wishes to inform the Administrator that a judge assigned to that Oral Round might be disqualified under this Rule 5.3, it must inform the bailiff prior to the beginning of that Oral Round. The fact that a Team Member recognizes a judge is not itself sufficient to disqualify the judge.
(a) Subject to Section 5.4(b), judges should not view a Team which they have viewed in a previous Oral Round. If a judge must view a Team twice, the Administrator should strive to ensure that the judge views the Team's opposite side.
(b) In the Advanced Rounds of the International Tournament, the Executive Director may permit judges to view one or more Teams which they have previously judged, if such viewing serves the best interests of the Competition.
Judges must keep the contents of the Bench Memorandum strictly confidential from Teams.
Judges are encouraged to provide direct feedback to Teams regarding the Teams' performance at the completion of an Oral Round. In providing such feedback, judges are admonished to give due regard to the time limitations and schedule of the Tournament. With the exception of the Advanced Rounds of any Tournament, judges must not reveal to any Team the results of their individual determinations or the Team's Raw Scores, nor may they provide any substantive feedback that would reveal their individual determinations or the contents of the Bench Memorandum.