The Philip C. Jessup International Law Moot Competition 2012

By: Tamar Moss

Now in its fifty-third year, with five hundred teams from law schools located in over one hundred and twenty countries around the world meeting with the singular goal of winning the championship, the Philip C. Jessup International Law Mott Competition is the world’s largest moot court competition. In fact, the competition which was held March 25^th – 31^st, 2012 in Washington, D.C., was described by one of the esteemed panel of justices as being even larger than the famed Olympic Games in terms of country participation.

Our small archipelagic nation, The Bahamas, competing for the first time, was like David among more than one hundred Goliaths. Despite this, our team, representing the University of the West Indies at the College of The Bahamas, remained determined to triumph over powerhouse teams representing law schools like Columbia Law School, Oxford University and the University of Melbourne. 

After five months of preparation that included, mind numbing research, sleepless nights, sponsorship letters and countless practice sessions, team members, Ashley Sturrup, Bjorn Ferguson, Tamar Moss and Theominique Nottage were ready to embark upon this unprecedented journey.

The Jessup Competition is a simulation of a fictional dispute between countries before the International Court of Justice, the judicial organ of the United Nations. One team is allowed to participate from every eligible school. Teams prepare oral and written pleadings arguing both the applicant and respondent positions of the case.

Thousands of law students from around the world, including The Bahamas, worked for several months on this year’s Jessup Problem also known as the Compromis.  The Compromis, in its complexity, addressed the legality of the destruction of a cultural site, the Mai Tocao Temple Complex, who may represent a State subsequent to a military coup d’état, and state responsibility for a regional operation. Each team was required to produce two memorials for each opposing side: the applicant and respondent and participate in 4 rounds against 4 different countries to determine who would advance beyond preliminary rounds to the semi-finals and subsequently octo-rounds and finals. The Bahamas competed against law schools from Ireland, Spain, China and Russia in the preliminary rounds. 

During our first preliminary round, Ireland represented the applicant (The State of Aprophe) while The Bahamas represented the respondent (The State of Rantania). Team members Bjorn Ferguson (first speaker) and Theominique Nottage (second speaker) represented as counsels. After two hours of intense and stiff litigation between both countries, the seasoned panel of justices gave well deserved feedback to both Ireland and The Bahamas. 

Specifically to our team the judges, although they critiqued the team’s lack of use of policies in defending their argument, they were overall impressed on our speakers’ abilities to remain calm and comfortable in the face of obviously complicated issues. The panel of judges went on to compliment our extensive knowledge of the basics of international law that many at this level seem to forget or take for granted. One judge in particular noted that Theominique demonstrated some of the best knowledge of public international law she had ever seen in the Jessup, a competition she had been involved in for more than a decade. We went on to win this judge with a score of 95 points out of a possible 100 points. They were pleased with both countries performances with one of the judges noting that this round was one of the better ones they have had the opportunity to adjudicate since the start of the competition.

In our second preliminary round against Spain, The Bahamas represented the applicant while Spain represented the respondent, with team members Ashley Sturrup acting as first speaker and Theominique Nottage acting as second speaker. In this round it became apparent to the team that there existed clear differences between the Caribbean styles of adjudication as opposed to the American style of adjudication that places less emphasis on formalities. Nonetheless the team was praised for our calm nature as well as ability to answer the question accurately and directly.

Our third preliminary round which was against a law school from China, was perhaps the round our team was most excited about given the increasingly close relationship and influence between our two nations. In fact, China’s recent donation of The Bahamas’ new fully equipped, multi- million dollar Thomas A Robinson stadium acts as a symbol of the close ties we now share with China and when that was mentioned to our opponents they were pleased and even wished that they had the opportunity to visit The Bahamas soon to experience not only our world famous beaches but our hospitality as well.

In this round team members Bjorn Ferguson and Theominique Nottage acting as first and speaker respectively represented the respondent. It seemed that again cultural differences were a factor in our feedback from the judges where the use of emotions to convince the judges and use of formalities played a factor whereas the opposing team were not as emotive. However one of the judges commented that it was indeed a closely fought match proving to be difficult to determine who would emerge victorious.

Our final preliminary round was fought against a team that would undeniably be the toughest opponent The Bahamas had to face. This team’s school not only specialized in international law but also was one of two that represented Russia at the Jessup, the other going on to win the championship. Team members, Ashley Sturrup and Theominique Nottage, acting as first and second speakers respectively, endured the most intense interrogation by the judges The Bahamas had ever encountered since the start of the competition, after two of the longest hours felt, the Bahamian team still remained confident of an overall good performance. The judges critiqued our team strongly, complimenting both speakers on their ability to remain unruffled by a judge's intensity while remaining fair in their assessment and the team grew to have a full appreciation of the level of advocacy we had embarked upon, which is indeed the highest level that existed. 

In the following days, after four intense preliminary rounds, we finally got to enjoy all that the District of Columbia had to offer. With Washington’s rich history complemented by its metropolitan flair all team members were certain that “We were no longer in Kansas anymore” or in our case The Bahamas. No warm sun, white sand or turquoise jewel seas. We were embraced by the beauty of celebrated monuments and modern buildings set in front of a picturesque cherry blossom backdrop that only lasted for ten days before withering away until the next cherry blossom season. We were most impressed by the White House, Washington Monument, Lincoln Memorial and Reflecting Pool and Korean War Veterans Memorial. However, the most anticipated and inspiring memorial was by far the recently built monument dedicated to Dr. Martin Luther King, Jr. It was there that we truly grasped the spirit of the Jessup which is synonymous with Dr. King’s belief that “It is not enough to say, ‘We must not wage war”. It is necessary to love peace and sacrifice for it. We must concentrate not merely on the negative expulsion of war, but on the positive affirmation of peace.”  

The next day served to be full of yet another great experience. While on Embassy Row, a few of the team members literally stumbled upon our nation’s embassy.  We were welcomed with open arms by our Ambassador, His Excellency C.A. Smith. He was not only proud that young persons of his nation dared to showcase their advocacy skills on a world stage but also because these same young persons proved to be comparable to others representing some of the world’s powerhouse law schools. 

Furthermore he offered encouragement by citing examples of Bahamians who have made a mark in the D.C area as well as advising us to remain focused and ambitious while reaching for the highest heights in our chosen profession. Additionally he admonished that we should not forget where we came from and even more importantly to contribute to our nation. Wanting to thank us for a job well done as well as to get our insight on youth, politics and other current events occurring at home and abroad, we were invited to join the Ambassador to lunch which proved to be a thought provoking and jovial time confirming the Ambassador to be well fit for his post as well as a most congenial host.

Another highlight of the competition was meeting and exchanging tips with the Jamaican team represented by the Norman Manley Law School. The Bahamian and Jamaican teams thought it was important to meet each other given that we were the only teams that represented the Caribbean. This meeting, albeit brief, surely inspired enduring friendships.

Overall the experience was educational and inspiring to everyone who participated allowing a new perspective on what we as representatives of a small archipelagic nation are able to accomplish internationally. Out of five hundred teams that competed in the Jessup, The Bahamas placed in the top 20% overall in addition to winning best applicant memorial in two of the four preliminary rounds in which we competed.

Special recognition and thanks is extended especially to all those who have contributed in monetary value and moral support including sponsors: The College of the Bahamas Union of Students, the University of the West Indies Alumni Association - Bahamas chapter, the University of the West Indies Law Society at The College of The Bahamas, Higgs and Johnson, Freeport Oil Company, First Baptist Church of Freeport, Grand Bahama, Mr. P. Andrew Gomez, Mr. Khaalis Rolle, MP and Mr. Murrio Ducille. 

We undoubtedly would have not accomplished anything without the coaching, advising and moral support of our public international law lecturer Dr. Peter Maynard of Peter D. Maynard & Co. along with Dr. Rebecca Wallace of Robert Gordon University in the United Kingdom. We are eternally grateful for your sacrifices and contributions and pray that this same support is extended to the Bahamian team next year when we will compete for the second time in this prestigious moot competition, proving to be wiser and even more capable of winning the goal.

The Jessup Experience: Theominique D. Nottage

The Jessup experience goes beyond the confines of the English language and is something that is intangible and difficult to explain as it is something that must be experienced personally, but I will do my best to impart the highlights of our entire Jessup experience, which to say the least was the embodiment of AMAZING.

Firstly, I appreciated the Jessup experience so much more than I think I would’ve had it not been for the difficulty and challenges faced in organizing the trip itself. We were truly blessed with the opportunity to compete and this in itself gave our team a lot more heart than we may have had otherwise.

Secondly, I was beyond excited at the chance to interact with other young legal minds of the international community, as an international relations “geek” and an avid proponent of global citizenship. Global citizenship is about examining your existence in relation to an international standard and tailoring your goals to compete on a global level.

The Jessup, as an advocacy competition, is incomparable to any other international law moot competition as almost every country of the international community sends their best law students to compete – therefore our team had no choice but to have an international standard and be the best not just on a local, national or regional level but on a global level as well.

Additionally, the Jessup experience reflects the importance of global citizenship. Our team in representing The Bahamas, represented a country with a total population the size of some of the student populations of universities in countries that other teams represented. We competed against Ireland, Spain, China and Russia in the preliminary rounds. Although we came from a small country with limited expertise in the field of international law, we could not allow that to operate as an excuse. Besides this, we not only made life-long connections with these teams, but also made lasting friendships with the teams from Jamaica and Sri Lanka among others.

Thirdly, the Jessup experience went beyond the competition itself and was complemented by the opportunity to visit some of Washington, D.C.’s most popular monuments, with special reference to the newly built Martin Luther King, Jr. Memorial and the occasion to lunch with His Excellency Ambassador C.A. Smith at the exclusive Georgetown Club in historic Georgetown.

Finally, the opportunity to compete in the Philip C. Jessup International Law Moot Competition can only be described as a dream come true for me as it served as a personal reinforcement of which avenue I would like to take in pursuit of my professional and academic goals.

Although I have always wanted to be an attorney-at-law, it wasn’t until my undergraduate studies in international relations that I realized the kind of law that held my interest – international law.

International law in The Bahamas is not a popular vein of legal practice. One would find that most Bahamian lawyers prefer to walk the tried and true routes of criminal law, commercial law and civil litigation. There exists a myriad of quotes and sayings about following your passion and doing what you love as a career choice and for me competing in the Jessup was a culmination of the same.

The Jessup Experience: Bjorn Ferguson

The 2012 Phillip Jessup experience will be forever lasting in my mind. The fact that a small island nation from a relatively young law programme was able to go up against more experienced institutions and students and hold its own validates the programme. This is very significant in my mind because, locally there is a misguided thought, that Bahamians can not compete or are afraid to compete. The Jessup experience has also demonstrated to me that this nationalistic approach to development locally, may do more harm than good. Quite naturally, that approach limits us in our ability to seek solutions to problems that have already been solved. Jessup has shown that we can turn to international law to resolve many of the daunting and complex social issues currently being encountered.

Secondly, the Jessup has shown the world that we are competent and able to compete among the best of them. Therefore, I hope that going forward through experiences like the Jessup we deliver our country men from this fear. This xenophobia, that exist among us.

Additionally, the Jessup also demonstrates to me how the legal profession locally is suffering in vision. We constantly look at the numbers of attorney who join the profession annually and ask ourselves "where is the work going to come from for all these attorneys?" But the Jessup has shown that in the arena of International Law, the Bahamas and the region has major ground to make up. There are huge opportunities in this area of the law. With the prospects of oil being discussed locally, the Jessup has showm me that the regulatory framework we seek is to be found in the arena of International Law.

So with that being said I would encourage all law students to broaden their horizons and think beyond the borders of the Bahamas. The legal profession is indeed a global one and it is manifested in the arena of International Law. I have found the light through the Jessup Experience!