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 25th – 31st, 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.
