際際滷

際際滷Share a Scribd company logo

Moot2013

Download as PPTX, PDF
Anina Botha
Anina Botha

The document outlines the objectives, stages, and general information about the African Human Rights Moot Court Competition. The four main stages are: 1) preliminary rounds and selection of finalists, 2) written submissions, 3) preparation with a law class, and 4) the competition. Teams will argue a hypothetical case before expert judges. The competition aims to enhance understanding of human rights in Africa and develop legal skills.

1 of 32
Moot2013
OBJECTIVES Different stages of the competition Case / motivations Materials
OUTLINE STAGE 1: Information meeting Preparation Materials Preliminary rounds (22 April) Final rounds selection of 2 participants (24 April) STAGE 2: Written submissions STAGE 3: Preparation, interaction with 451 class STAGE 4: The Competition (@ UWC)
GENERAL
WHAT IS 1)Moot Court 2)22nd African Human Rights Moot Court
BACKGROUND Since 1992 the Centre for Human Rights at the Faculty of Law of the University of Pretoria organises the African Human Rights Moot Court Competition in partnership with a host university. Held in a different African country each year, this week- long event has become the largest annual meeting on the African legal calendar and one of the premier events on human rights in Africa. Teams of students argue a hypothetical case before benches of law lecturers a human rights experts as if they were before the real African Court of Human and Peoples Rights.
TEAM MEMBER ELIGIBILITY Only students studying for their first law degree are eligible to participate in the competition. For the purposes of the competition the LLB degree, is considered a first law degree. A team member must be a full-time or part-time student at one of the participating institutions during the calendar year of the competition.
ASSISTANCE Assistance rendered to a team in the preparation of its case, including that from faculty members, shall be limited to a general discussion of issues, suggestions as to research sources and decision- making. Assistance which would interfere with the presentation being substantially the original work of the team members is prohibited.
TEAM SELECTION A team shall be composed of 2 student members only, preferably 1 male and 1 female. It is strongly discouraged that teams should be composed of 2 male students. Team members are to be chosen by a democratic and transparent method approved by the responsible authority within the school. For the purposes of the competition, notice to one team member shall constitute notice to all team members. The same 2 students who registered at the beginning must participate throughout the competition.
STAGE 1
Preliminary round (SU) No written argument needs to be prepared only oral argument You can choose which side you will be arguing on behalf of in consultation with Anina subject to there being equal numbers of applicants and respondents You are free to pair up with a friend so that you know who will be arguing against you; otherwise Anina will allocate you a partner You have to present your arguments in a formal style (as if you were in court) to a panel of three judges (judges may be addressed as Your Excellency/ies)
Preliminary round (SU) In each session, the applicant/s will argue first, followed by respondent/s You have between 10 and 15 minutes for oral argument (depending on how many people participate) Time limits will be strictly adhered to; a board will be held up to tell you how much time is still left Judges can interrupt your argument to ask you questions; no extra time is added on for the time it takes to ask and answer questions You will receive feedback on your performance so that you can improve in time for the final round if selected
Preliminary round (SU) You will be judged based on the following criteria: Correct and articulate analysis of the issues; Familiarity with international authorities as indicated in the case Response to questions; General knowledge of the substance and process of international law; Clarity; Ingenuity (ability to argue by analogy from related legal aspects); Organisation; Persuasiveness; Knowledge of the facts; and Knowledge of legal principles directly applicable to the facts.
Preliminary round (SU) NB: when deciding your marks, judges arent considering whether you have won the argument on the merits its more important how persuasive you are and whether you have knowledge of the applicable law
Preliminary round (SU) If you are arguing for the applicant: You can reserve some of your allocated time for rebuttal (responding to specific points raised by the respondent in their oral argument)
Preliminary round (SU) If you are arguing for the respondent: No time will be set aside for rebuttal you have to listen to what the applicant says and respond in your oral argument, if necessary.
Final round (su) 8 participants will be selected based on the score of the judges in the preliminary round Participants will be paired up (two-two) as decided by prof Rudman and you will divide the argument for either the applicant or the respondent between you both it is up to each pair to decide who argues which points, but both participants will be allocated an equal time for argument
winners Both the marks allocated for your oral argument in the preliminary round and those allocated in the final round count 50% towards the overall marks used to determine who the winners of the competition are.
STAGE 2
Memorials Each memorial shall be composed of the following: A standard cover page which must be identical in style and content (WebCT) A summary, stating in brief the main arguments. The summary must not exceed one page. The memorial proper shall not exceed 4,000 words (including footnotes if these are used). Deadline 30th of June 2012 Memorials will be marked by three (3) independent experts in each language group before or during the Competition.
STAGE 3
PREP-WORK The finalists will work together with the students in international law 451 in preparing their oral presentations There will be sessions together with Prof Rudman for the finalists to ask questions and to further their arguments
STAGE 4
Oral procedures The order of pleadings shall be applicant team, respondent team, rebuttal by applicant team. All team members must act as oralists during any round. No team shall plead for longer than 30 minutes (including rebuttal) during the preliminary and final rounds. One oralist may not use more than 20 minutes during preliminary rounds, and 10 minutes during the final round. Rebuttal may not exceed 5 minutes. Only the applicant has the opportunity for rebuttal. Time for rebuttal should be reserved in advance.
ONE-DAY TRAINING WORKSHOP ON HUMAN RIGHTS IN AFRICA A one-day training workshop for students on the African human rights system forms part of the African Human Rights Moot Court Competition. This workshop will separately provide students with a critical analysis and further in-depth review of the Moot problem.
The case
Forum The case African Court on Human and Peoples Rights Applicant Children of Africa Now! (CAN!) Respondent The Government of Kalaharia Legal Questions (i) standing and the admissibility of the case before the African Court; (ii) the ongoing detention of Alima, Sadig and similarly-placed asylum seekers; (iii) the right of Salif to Braille text books and a teacher to instruct him in the use of Braille; and (iv) the right of Salif to be provided with clothing compliant with his religion and materials necessary for his prayers.
sources
USEFUL SOURCES o A good starting point is the African Human Rights Moot Court Competition WebCT page, to which all law students have access. Here you can find not only the international competition rules, the problem to be argued, the programme in Mozambique, etc. All the basic documents on international law are available at the WebCT page. Furthermore, relevant treaties, materials and case law are also available at: http://www.chr.up.ac.za/index.php/documents.html. You will also preferably need to do some independent legal research to track down relevant sources e.g. African Commission and other international court cases, etc. to serve as authority for your arguments.
Moot court web page http://www.chr.up.ac.za/index.php /moot-court-2013.html
WHY? MOOT COURT FOR WHAT? - Understanding of human rights in Africa - Understanding of Moot Court in general - CV & Bragging Rights - Skills needed for future - Networking with judges - Meet new friends from ALL over Africa - Weekend in Cape Town
QUESTIONS MUCH? aninab@sun.ac.za

More Related Content

Moot2013

  • 2. OBJECTIVES Different stages of the competition Case / motivations Materials
  • 3. OUTLINE STAGE 1: Information meeting Preparation Materials Preliminary rounds (22 April) Final rounds selection of 2 participants (24 April) STAGE 2: Written submissions STAGE 3: Preparation, interaction with 451 class STAGE 4: The Competition (@ UWC)
  • 5. WHAT IS 1)Moot Court 2)22nd African Human Rights Moot Court
  • 6. BACKGROUND Since 1992 the Centre for Human Rights at the Faculty of Law of the University of Pretoria organises the African Human Rights Moot Court Competition in partnership with a host university. Held in a different African country each year, this week- long event has become the largest annual meeting on the African legal calendar and one of the premier events on human rights in Africa. Teams of students argue a hypothetical case before benches of law lecturers a human rights experts as if they were before the real African Court of Human and Peoples Rights.
  • 7. TEAM MEMBER ELIGIBILITY Only students studying for their first law degree are eligible to participate in the competition. For the purposes of the competition the LLB degree, is considered a first law degree. A team member must be a full-time or part-time student at one of the participating institutions during the calendar year of the competition.
  • 8. ASSISTANCE Assistance rendered to a team in the preparation of its case, including that from faculty members, shall be limited to a general discussion of issues, suggestions as to research sources and decision- making. Assistance which would interfere with the presentation being substantially the original work of the team members is prohibited.
  • 9. TEAM SELECTION A team shall be composed of 2 student members only, preferably 1 male and 1 female. It is strongly discouraged that teams should be composed of 2 male students. Team members are to be chosen by a democratic and transparent method approved by the responsible authority within the school. For the purposes of the competition, notice to one team member shall constitute notice to all team members. The same 2 students who registered at the beginning must participate throughout the competition.
  • 11. Preliminary round (SU) No written argument needs to be prepared only oral argument You can choose which side you will be arguing on behalf of in consultation with Anina subject to there being equal numbers of applicants and respondents You are free to pair up with a friend so that you know who will be arguing against you; otherwise Anina will allocate you a partner You have to present your arguments in a formal style (as if you were in court) to a panel of three judges (judges may be addressed as Your Excellency/ies)
  • 12. Preliminary round (SU) In each session, the applicant/s will argue first, followed by respondent/s You have between 10 and 15 minutes for oral argument (depending on how many people participate) Time limits will be strictly adhered to; a board will be held up to tell you how much time is still left Judges can interrupt your argument to ask you questions; no extra time is added on for the time it takes to ask and answer questions You will receive feedback on your performance so that you can improve in time for the final round if selected
  • 13. Preliminary round (SU) You will be judged based on the following criteria: Correct and articulate analysis of the issues; Familiarity with international authorities as indicated in the case Response to questions; General knowledge of the substance and process of international law; Clarity; Ingenuity (ability to argue by analogy from related legal aspects); Organisation; Persuasiveness; Knowledge of the facts; and Knowledge of legal principles directly applicable to the facts.
  • 14. Preliminary round (SU) NB: when deciding your marks, judges arent considering whether you have won the argument on the merits its more important how persuasive you are and whether you have knowledge of the applicable law
  • 15. Preliminary round (SU) If you are arguing for the applicant: You can reserve some of your allocated time for rebuttal (responding to specific points raised by the respondent in their oral argument)
  • 16. Preliminary round (SU) If you are arguing for the respondent: No time will be set aside for rebuttal you have to listen to what the applicant says and respond in your oral argument, if necessary.
  • 17. Final round (su) 8 participants will be selected based on the score of the judges in the preliminary round Participants will be paired up (two-two) as decided by prof Rudman and you will divide the argument for either the applicant or the respondent between you both it is up to each pair to decide who argues which points, but both participants will be allocated an equal time for argument
  • 18. winners Both the marks allocated for your oral argument in the preliminary round and those allocated in the final round count 50% towards the overall marks used to determine who the winners of the competition are.
  • 20. Memorials Each memorial shall be composed of the following: A standard cover page which must be identical in style and content (WebCT) A summary, stating in brief the main arguments. The summary must not exceed one page. The memorial proper shall not exceed 4,000 words (including footnotes if these are used). Deadline 30th of June 2012 Memorials will be marked by three (3) independent experts in each language group before or during the Competition.
  • 22. PREP-WORK The finalists will work together with the students in international law 451 in preparing their oral presentations There will be sessions together with Prof Rudman for the finalists to ask questions and to further their arguments
  • 24. Oral procedures The order of pleadings shall be applicant team, respondent team, rebuttal by applicant team. All team members must act as oralists during any round. No team shall plead for longer than 30 minutes (including rebuttal) during the preliminary and final rounds. One oralist may not use more than 20 minutes during preliminary rounds, and 10 minutes during the final round. Rebuttal may not exceed 5 minutes. Only the applicant has the opportunity for rebuttal. Time for rebuttal should be reserved in advance.
  • 25. ONE-DAY TRAINING WORKSHOP ON HUMAN RIGHTS IN AFRICA A one-day training workshop for students on the African human rights system forms part of the African Human Rights Moot Court Competition. This workshop will separately provide students with a critical analysis and further in-depth review of the Moot problem.
  • 27. Forum The case African Court on Human and Peoples Rights Applicant Children of Africa Now! (CAN!) Respondent The Government of Kalaharia Legal Questions (i) standing and the admissibility of the case before the African Court; (ii) the ongoing detention of Alima, Sadig and similarly-placed asylum seekers; (iii) the right of Salif to Braille text books and a teacher to instruct him in the use of Braille; and (iv) the right of Salif to be provided with clothing compliant with his religion and materials necessary for his prayers.
  • 29. USEFUL SOURCES o A good starting point is the African Human Rights Moot Court Competition WebCT page, to which all law students have access. Here you can find not only the international competition rules, the problem to be argued, the programme in Mozambique, etc. All the basic documents on international law are available at the WebCT page. Furthermore, relevant treaties, materials and case law are also available at: http://www.chr.up.ac.za/index.php/documents.html. You will also preferably need to do some independent legal research to track down relevant sources e.g. African Commission and other international court cases, etc. to serve as authority for your arguments.
  • 30. Moot court web page http://www.chr.up.ac.za/index.php /moot-court-2013.html
  • 31. WHY? MOOT COURT FOR WHAT? - Understanding of human rights in Africa - Understanding of Moot Court in general - CV & Bragging Rights - Skills needed for future - Networking with judges - Meet new friends from ALL over Africa - Weekend in Cape Town