Legal writing and advocacy in public international law ... · PDF fileLegal writing and...
Transcript of Legal writing and advocacy in public international law ... · PDF fileLegal writing and...
![Page 1: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/1.jpg)
Legal writing and advocacy in public international law
Birgit Schlütter, Norwegian Centre for Human Rights
Lecture 7 and 8 –
How to answer an essay question
How to write a good masters thesis
![Page 2: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/2.jpg)
Today’s lecture
• What are essay questions?
– Different types of essay questions
• Exercise
![Page 3: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/3.jpg)
Types of essay questions
• Question type
• Instruction type
• Statement type
![Page 4: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/4.jpg)
Question type
• Is x true?
• Ex:
• «Can the general exceptions of article XX
GATT be applied in cases where the
Appelate Body has conclude that there has
been a violation of article 2.1. of the TBT
agreement?»
![Page 5: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/5.jpg)
Instruction type
«International provisions which render
immunity to heads of state for all acts
committed, whether committed in a private or in
a public capacity, under all circumstances are
outdated.» Discuss.
Alternative instructions: analyse, critically
assess, evaluate…
![Page 6: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/6.jpg)
Further instructions
• Explain:
– Clarify a situation
– Give an account of a situation
• Compare and contrast:
– Used in relation to two situations
– Identify similarities and differences
![Page 7: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/7.jpg)
Good answers
• Do not
– restate the question (which wastes time)
– list everything that could conceivably be relevant
to the question (which not only wastes time but
suggests to the grader that you can't distinguish
relevant from irrelevant information)
– place potentially useful statements of fact in
random order (which forces the grader to attempt
to discern your logic, usually to your detriment)
– use vague or very general sentences (which
forces the grader to guess what you really meant
to write)
![Page 8: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/8.jpg)
Good answers
• Do
– state the major point as the first sentence (which
declares an immediate focus for your answer and
inspires confidence in the grader that you know
what you are doing as you answer the question)
– organize supportive or explanatory material to
follow the major point (which helps the grader
understand your logic and the intent of your
answer)
– use specific terms and careful language (which
helps minimize ambiguity so that the grader does
not misinterpret the meaning of the answer)
![Page 9: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/9.jpg)
Exercise: sample questions!
Question 1:
The absolute nature of the prohibition of torture, inhuman or degrading treatment or
punishment in international law has been recognized by the international
community. Nevertheless, this norm has been challenged by some States in the
fight against terrorism. Describe, analyze and comment upon the legal framework
which supports this norm (including relevant practice) and comment upon its
relevance in the fight against terrorism.
Question 2:
In a free society, laws must be subject to change. Explain, supplement with a
concrete example that illustrates the underlying dilemma discuss.
Question 3:
An understanding of the past is necessary for solving the problems of the present.
Explain. Describe a specific situation in which solving a current problem might not
require an understanding of the past. Discuss what you think determines whether
or not the past should be considered in solving the problems of the present.
![Page 10: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/10.jpg)
HOW TO WRITE A GOOD
MASTER’S THESIS
Lecture 8
![Page 11: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/11.jpg)
Aspects
• The objective
• The pre-phase
– Research question
– Literature review
– Critical Reflection
• The thesis
– Research Method lecture on research
– Formal requirements
– Structure lecture on research
– Citation
![Page 12: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/12.jpg)
OBJECTIVE
![Page 13: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/13.jpg)
The objective
• From the UiO guidelines on how to write a
master’s thesis in PIL
“The thesis is an independent work, and the
topic is of the student’s own choice within the
field of the programme”
http://www.uio.no/studier/emner/jus/jus/PILTHE
SIS/dokuments/Pamphlet_thesis_2010_4.pdf
![Page 14: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/14.jpg)
PRE-PHASE
![Page 15: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/15.jpg)
The process
Research Question
Literature Review
Critical Reflection
Independent Work
![Page 16: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/16.jpg)
Starting point
• Hypothesis
• Research question
= guiding idea which will direct all further
reading, thinking and writing
• Based on literature review
• Intending to pull the issues down to
narrowest terms
![Page 17: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/17.jpg)
Hypothesis
Social-sciences:
«precise statement which asserts a relationship
between concepts or ideas, and then makes a
prediction about the nature of a relationship
between two variables»
Ex.:
«How do non-state actors – such as corporations,
NGOs – respond to the changes brought forward by the
increased exercise of authority at the international
level?”
![Page 18: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/18.jpg)
Research question
• «describe what is, rather than test for an
explanation»
• Description of central question/problem
Ex.:
«Does international law provide for an
exception to foreign sovereign immunity in
cases of international crimes?»
![Page 19: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/19.jpg)
Literature review
«standing on the shoulders of giants»
• Google scholar: last 5 years!!! [At least]
• Plus those articles which are frequently cited
as leading opinions [any year]
• Related to your topic of interest
![Page 20: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/20.jpg)
Questions for the literature review
• Are there unexplored areas in the literature?
• Which unanswered questions arise?
• Which areas are suggested for further
research?
• Which issues have not been tackled by the
judiciary, the legislator or international
agreements?
![Page 21: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/21.jpg)
Critical reflection
• «conceptual frameworks»
– Your personal vision on the legal paradigm:
experince, political views, morals, education …
– Legal framework: position yourself within the field
– Philosophical approach: what is the objective truth
in law? «The ignoring of context is a framework
statement»
![Page 22: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/22.jpg)
Additional reading
• The travails of postgraduate research in law:
http://papers.ssrn.com/sol3/papers.cfm?abstrac
t_id=1544097
![Page 23: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/23.jpg)
THE THESIS
MUST READ:
http://www.uio.no/studier/emner/jus/jus/PILTHESIS/dokuments/Pa
mphlet_thesis_2010_4.pdf
![Page 24: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/24.jpg)
Thesis
• Title page
• Table of contents
• [List of cases, treaties, international
instruments]
• Chapters and body of thesis
• Bibliography [Reference table]
• Appendices
![Page 25: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/25.jpg)
The individual chapters
• Opening chapters
– Setting the scene
– Introduction into topic, method, theory
– Describe your thesis’ significance
• Middle part:
– Ideas, information, evidence selected for the
relevance of the research question
• End:
– Summary of the overall study, point to limitations,
further research
– Conclusion, hightlighting implications
![Page 26: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/26.jpg)
GUTTENPLAG
Discussion!
![Page 27: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/27.jpg)
Plagiarism
Plagiarism may take the form of repeating anothers
[words] as your own…or even presenting someone
elses line of thinking…as though it were your own. In
short, to plagiarise is to give the impression that you
have written or thought something that you have in fact
borrowed from another. Although a writer may use
other peoples words and thoughts, they must be
acknowledged as such.”
Modern Languages Association (1977) Handbook for
writers of research papers, theses and dissertations
New York: MLA 5
![Page 28: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/28.jpg)
Revision: research methods in law
• doctrinal,
• theoretical,
• critical/reformist,
• fundamental/contextual,
• empirical,
• historical,
• comparative,
• institutional, process-oriented and
interdisciplinary see lecture on research
![Page 29: Legal writing and advocacy in public international law ... · PDF fileLegal writing and advocacy in public international law Birgit Schlütter, Norwegian Centre for Human Rights Lecture](https://reader031.fdocuments.us/reader031/viewer/2022030508/5ab7b3b07f8b9ab62f8baed5/html5/thumbnails/29.jpg)
Revision: writing analysis • Number of sentences
• Average words per sentence
• Number of simple sentences
• Number of sentences in active voice
• Number of sentences in passive voice
• Number of words separating subjects and verbs
• Number of sentences with negative statements
• Dangling or ambigous modifiers
• Number of paragraphs
• Reason for paragraph breaks
• Identify topic sentence in each paragraph
• Check first and last sentence of each paragraph
• Locate transitional words
• Count number of sentence interruptions
• Omit 100 words in your sample. Which version is clearer?