We will be using the scenario created for the Telders International Law Moot Court Case of 2006. While I have included the link to Telders web site, we will be using this case in the usual format used for mock trials in PLS 317 at Bradley. Only some of the information/rules from the original homepage will be used.
Tasks And Organization
Counsel for Arcadia
The job of the Counsel for Arcadia will be to articulate and defend the Arcadian request that Utopia
(a) is obliged to pay compensation in the sum of €3,000,000 to Arcadia arising out of the confiscation without compensation of property owned by nationals of Arcadia, members of HRA in Utopia;
and
(b) the Utopian government is obliged to pay compensation in the sum of €1,000,000 to Arcadia arising out of the injuries suffered by Humana while she was in detention in Utopia.Layout out to the court what the existing applicable law and legal obligations and demonstrate why the compensation is consistent with these laws. You can strengthen your case by anticipating the counter-arguments from Utopia.
The team will elect a chief counsel who has primary responsibility for organizing the team and has primary responsibility for the final copy of the written brief. The team will organize itself and distribute the work load equitably among the group and the responsibilities communicated to the instructor.
Counsel for Utopia
The job of the Counsel for Utopia is to show that the Arcadian claims are not supported by existing international law. You can challenge the appropriateness of Arcadia making the claim and/or the lack of support for the claim under existing international law.
The team will elect a chief Counsel for Utopia who has primary responsibility for organizing the team and has primary responsibility for the final copy of the written brief. The team will organize itself and distribute the work load equitably among the group and the responsibilities communicated to the instructor. The team must pay careful attention to the ICJ rules.
International Court of Justice
The ICJ must render a decision in this case. You need to respond to the requested declarations, but you may also issue additional orders and/or declarations in your judgment. Do not assume that the two parties to the case have identified all applicable or, or have interpreted in properly.
Read the general directions carefully. Your fist required act is to settle on hearing procedures which will be announced on April 27.
After considering the memorials the two groups, judges of the ICJ hearing on May 5. Using ICJ rules as much as possible, the hearing should provide for each side to present its major points, respond to the other side, and answer questions from the court. You will get the best response to your questions if they are presented to the teams a few days prior to the formal hearing, this is especially true for topics not covered in the memorials .
After the formal hearing the judges of the ICJ must meet and arrive at a majority decision. This carefully substantiated decision (along with any dissenting opinions) will be presented in class on May 7. Plan on absolutely no more than 20 minutes for a presentation. The written decision, in both paper and electronic form, is due on May 8.
The court will elect a chief judge who shall preside over all meetings/hearings and ensure court members carry out their functions. Primary responsibility for guiding the court to the proper decision.
The chamber will organize itself always mindful of the ICJ rules. Some of the tasks the must be completed include: developing the rules for the hearing, researching the appropriate laws, communication with other parties, drafting opinions, and documents, chairing the hearing, questioning the participants during the hearing, etc. Work load will be equitably distributed among the group and the responsibilities communicated to the instructor.
The Situation
Factual Information of the Case
Additional Information Sources
Case Generated Documents
Court Instructions to Counsel and Hearing RulesRevised Court Questions