Course description
This course is aimed at exposing students to some of the key theoretical and practical aspects relating to the conduct of proceedings before international courts and tribunals. With core theoretical and substantive principles of public international law in mind, students will gain insider and practical knowledge into how to participate as effective advocates in those proceedings.
The course will cover each key step of an international adjudication process, from the initial claim merits review to the convening of the hearing [i.e. (1) Initial Merits Review Memorandum; (2) Statement of Case/Claim/Memorial; (3) Documentary and Witness Evidence; (4) Counter-Memorials; (5) Oral statements at the Hearing; and (6) Cross-Examination of Witnesses]. At each stage, students will gain a theoretical and practical understanding of the aspects underpinning each procedural step. In particular, students will be called-upon to compare publicly-available pleadings and judgments/awards to identify the most effective practices. Lectures will adopt a comparative, systemic, approach to these procedural steps, focusing on proceedings before regional human rights bodies (namely the ECtHR, IACtHR, ACtHPR), the International Court of Justice (ICJ) and investment treaty and commercial tribunals.
Students will get an opportunity to be coached on how to deliver structured, cogent, concise and effective written and oral products in legal English. Personalised feedback and regular access to the lecturer(s) will be an essential part of this course.
Course objectives
1. Enabling students to research, structure, and draft clear and concise legal memoranda related to international law in English.
2. Providing students with in-depth knowledge on researching, structuring, and drafting written pleadings on international law for submission to an international court or tribunal in English.
3. Training students to explain and defend their position orally on questions of law and fact related to the hypothetical problem in response to questions from instructors.
4. Enabling students to prepare and present oral submissions before an international court or tribunal.
Mode of Instruction
1. Lectures: Traditional lectures where the instructor presents key concepts, theories, and case studies to the students.
2. Guest lectures: Inviting experts or practitioners in the field to provide real-world insights and experiences related to dispute settlement.
3. Moot Court: Simulated exercise where students act as counsels, presenting and defending legal arguments in a mock arbitration setting.
Assessment
Students will be divided and will work in teams of two to produce a written legal submission before an arbitral tribunal, and to present their arguments in an oral pleading before the same arbitral tribunal. Students are expected to discuss legal issues together, share research and edit each other’s work, but each student will be evaluated on the basis of their individual work.
Readings
Students will be asked to review publicly-available pleadings and awards as well as a certain number of academic and practitioner materials, notably on the art of written and oral advocacy, the preparation of documentary and witness evidence and effective cross-examination.