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2016 Second Batch of Basic Materials

Below is a list of the second batch of Basic Materials provided in connection with the 2016 Philip C. Jessup International Law Moot Court Competition.

The ILSA Executive Office has selected these materials and we hope that you find them interesting in light of the context of this year's Compromis. 

We would like to emphasize that the simple inclusion of any particular text in the Basic Materials does not necessarily entail that the content of the text is binding as international law nor does it necessarily reflect current prevailing theory or practice.

Please note, like the First Batch, that teams are NOT required to use these materials.

They are being provided to teams as a way to illuminate your research and guide where you as competitors go with your arguments.  You may find some of these to be useful. You may also believe some to be not so helpful. As always, participants are HIGHLY ENCOURAGED to conduct their own research outside of the scope of these Basic Materials. 

  1. Canadian Security Intelligence Service Act (Re) (F.C.), 2008 FC 301 (Canadian Supreme Court)
  2. Simon Chesterman - The Spy Who Came in From the Cold War
  3. Reports of the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms While Countering Terrorism: A/HRC/14/46; A/HRC/13/37; A/HRC/10/3; A/69/397
  4. Michael N. Schmitt - In Defense of Due Diligence in Cyberspace
  5. Marko Milanovic - Human Rights Treaties and Foreign Surveillance: Privacy in the Digital Age
  6. NATO Cooperative Cyber Defense Centre of Excellence (Tallinn, Estonia), Peacetime Regime For State Activities in Cyberspace
  7. William Thomas Worster - The Effect of Leaked Information on the Rules of International Law
  8. Ashley Deeks - An International Legal Framework for Surveillance
  9. U.N. Body of Principles for the Protection of All Persons Under Any Form of Detention of Imprisonment
  10. United Nations Security Council Resolution 1373
  11. Case of Lawless v. Ireland (No. 3), Application No. 332/57
  12. Beratesegi v. France (Application No. 29095/09); Sagarzazu v. France (No. 29109/09); Soria Valderrama v. France (No. 29101/09) (cases available only in French). European Court of Human Rights Press Release on the Above Cases (English).
  13. Germany v. Italy (Jurisdictional Immunities of the State) - International Court of Justice
  14. Christina Binder, Christopher Schreur -  Unjust Enrichment, Max Planck Encycolpedia of Public International Law
  15. Kate Mitchell & Dapo Akande, Espionage & Good Faith in Treaty Negotiations: East Timor v. Australia, EJIL: Talk.
  16. Donald K. Anton, The Timor Sea Arbitration: Timor-Leste Challenges Australian Espionage and Seizure of Documents
  17. G.D.S. Taylor, The Concept of Abuse of Rights in International Law
  18. Factory at Chorzow - PCIJ
  19. United Nations Group of Governmental Experts Report on Developments in the Field of Information and Telecommunications in the Context of International Security
  20. Claire Macken - Preventive Detention and the Right of Personal Liberty and Security Under the International Covenant on Civil and Political Rights 1966, Adelaide Law Review


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