By Stephen Schneebaum
Since 1990, SAIS has been one of only two non-law schools in the United States to participate in the Philip C. Jessup International Law Moot Court Competition. The Jessup is administered by the International Law Students Association, in cooperation with the American Society of International Law. Students from around the world represent two fictitious nations, through written and oral advocacy, in a hypothetical dispute before the International Court of Justice, participating in regional and national competitions which culminates in a world-wide final round held in Washington in March or April. The Jessup “problem” is a compromis drafted to present discrete, manageable issues for discussion by students of international law. Recent topics have included human rights, riparian rights, extradition, the status of sub-federal units in international law, computers and the right of privacy, and economic sanctions. The compromis for the year is issued in early autumn. At SAIS, the Jessup course begins meeting weekly at the beginning of the fall semester. At the outset, the topics discussed constitute an introduction to international legal reasoning. They include the role of courts in international dispute resolution, the roles of advocates and judges in the judicial process, and a brief summary of comparative domestic legal systems. After several introductory classes, the focus shifts to the substantive law of the specific areas) raised by the Jessup compromis. By early November, the class is ready to “take sides” in the dispute: each student becomes a member of the litigation team of either the Applicant or the Respondent. Students begin in early December to prepare the written memorials that must be submitted by mid-January. Since SAIS participates in a United States regional competition against US law schools, students must spend some time learning about how American legal pleadings are written. Memorials are scored for form as well as content. After the memorials are filed, the class begins to prepare for oral argument. This requires concentration in substantive knowledge of the applicable law, including primary and secondary international authorities, but also in the techniques of oral argument, which differs substantially from other forms of advocacy, such as debate. Students learn to respond to questions about international law and about the construction and consequences of the legal theories they are advocating. The regional competition involving 12 schools is usually held in mid-February. On a Saturday, the SAIS teams participate in four rounds of oral argument, two as applicant, and two as respondent. The four best schools advance to an elimination round, and the top two go head-to-head to select a regional winner. That school advances to the international round, held in late March or early April. The international Jessup finals are ordinarily judged by well-known scholars and practitioners of international law (such as ICJ Judges), and regularly draw the attention of the media. Although SAIS students obviously enter the competition with a comparative disadvantage (all of those against whom they must compete have at least a year of law school), they have done remarkably well. Twice, SAIS has placed second overall out of 12 schools, and advanced to the “final four” in its region. In head-to-head competitions, SAIS has defeated such first-class law schools as the University of Virginia and the University of Maryland. The only academic prerequisite to participation in the course is completion of or current enrollment in a basic introductory course in international law (although students taking the introductory course simultaneously with the Jessup have done well in the past, they really do have an extra burden to carry). But the most important prerequisite is the willingness to invest long hours and great effort in learning international law not only as a subject matter to study but as an activity in which to participate. Considerable work on the memorials needs to be done around the time of Christmas vacation. Students have been enthusiastic in their appreciation of the opportunity the course offers, but unanimously report that they originally underestimated the amount of work needed to acquire the skills and confidence required of successful international advocates. 2009 will mark the 50th Anniversary of the Jessup Competition and the International Law Student Association is planning a year long celebration. The 2009 Jessup Compromis will address The Power and Authority of the International Court of Justice. Last year's topic will deal with the tension between ensuring human rights and responding to acts of terrorism. Over the years, topics covered have included maritime and environmental law; the International Criminal Court; the issues of state responsibility for war crimes; trafficking, corruption and the responsibility of government officials; international law in the Internet era, specifically looking at issues of State regulation of content on the Internet and so-called "cyber-terrorism," or international Internet mischief; the law of the sea; jurisdiction of international tribunals and sovereignty; vaccine trials; and the protection and preservation of cultural property Enrollment in the Jessup course is limited to six students. Second-years have historically had an advantage over first-years, since they are more likely to have completed other coursework in international law, but many first-years willing to undertake the challenge have done so very successfully. Students with law degrees, whether from the United States or from other countries, are eligible to participate. However, students with a license to practice law are ineligible.
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