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V WORLD HUMAN RIGHTS MOOT COURT COMPETITION8-10 December 2013

University of Pretoria, South Africa

COMPETITION RULES

1. GENERAL

The World Human Rights Moot Court Competition is an initiative of the Centre for Human Rights,

Faculty of Law, University of Pretoria, undertaken with the support of the Office of the UnitedNations High Commissioner for Human Rights.

With the support of the Regional Office of the UN High Commissioner for Human Rights inSouthern Africa, the V World Human Rights Moot Court Competition will be held in Pretoria, SouthAfrica, on 9 and from 8 to 10 December 2013, culminating on International Human Rights Day.

Participation in the Moot is open to students from all universities in the world.

1.1 Host University

The preliminary and final rounds of the World Human Rights Moot Court Competition ("the

Competition") will be held at the University of Pretoria, South Africa, on 9 and 10 December 2013.The administrative authority over the Competition rests with the Steering Committee, which iscomprised of representatives of the Centre for Human Rights of the University of Pretoria. TheUniversity of Pretoria does not participate in the Competition.

1.2 Composition of panels of judges

The judges in the Competition will be panels consisting of representatives of the participating lawschools (law faculties or law departments) ("the faculty representatives") in the preliminary rounds.These representatives should ideally be human rights law lecturers and in the alternative musthave a legal background. Additional observers may be added to the number of judges where theSteering Committee deems that the number of judges in a particular court is insufficient.

In the final round two-thirds (2/3) of the judges will comprise experts in international law and humanrights as composed by the Steering Committee. In order to ensure adequate representation of thelanguage groups in the final round at least one judge will be a faculty representative as selected byparticipating students in a forum to be held after the preliminary rounds. The Steering Committeecan also appoint other similarly qualified individuals as additional judges.

1.3 Competitions Official Programme

An official programme for the Competition will be issued by the Steering Committee at the start ofthe Competition, indicating the time and venue of each session.

1.4 Hypothetical case to be argued

A hypothetical case or problem will be posed for argument by the Steering Committee and will bemade available to the participants in advance.

1.5 Selection of teams for preliminary and final rounds

Every university in the world is invited to enter a team of two students, preferably one woman andone man. A hypothetical case focusing on one or more human rights issues is set. Students areexpected to argue the case, as if they were before a hypothetical World Human Rights Court, andto do so on the basis of the two main United Nations human rights conventions and other

applicable international human rights instruments.

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Teams submit memorials (heads of argument) in the prescribed format, which are evaluated by apanel of experts from around the world. The best three teams from each of the 5 UN regions areidentified on the basis of the written memorials (see appendix Bmemorials scoring sheet).

The Steering Committee reserves the right to select fewer than three teams from a particularregion if less than three teams from that region obtain 50% or more for their submitted memorials.In order to achieve a total number of 15 teams, the Steering Committee may select teams from

other regions. The Steering Committee may invite the winning teams of the following regionalHuman Rights Moot Competitions to participate in the World Moot, in addition to the 15 teamsidentified through submission of memorials:

African Human Rights Moot Court Competition;

European Human Rights Moot Court Competition; and

Inter-American Human Rights Moot Court Competition.

1.6 Preliminary and final rounds

The teams as indicated in 1.5 will be invited to participate in the preliminary and final rounds in

Pretoria. Team memorials will be made available to the judges in advance. However, teams arenot bound to their memorials when making oral arguments. Memorials will not be taken intoconsideration when the teams are scored in these rounds. Lots will be drawn at the beginning ofthe preliminary rounds and before the final round to pair the opposing teams during a particularround.

1.7 Final round

The two best teams in the preliminary rounds advance to the final round of the Competition. Thesetwo teams must not be from the same UN region.

1.8 Moot website

All official documentation and other practical information necessary for team preparation areavailable on the World Moot website: http://www1.chr.up.ac.za/index.php/projects/world-moot.html

2. SCHOOL ELIGIBILITY

The Competition is open to students studying for their first law degree from all institutions of tertiaryeducation in the world. Although participation in the Competition is not restricted to law students,the latter are particularly encouraged to take part.

3. TEAM MEMBER ELIGIBILITY (New)

Each team must consist of two members, each of whom:

a) is registered for a first (or 'undergraduate') degree in any discipline; or

b) is registered for a second (or 'graduate') degreein lawin a country where law studies can onlybe undertaken by students holding a first ('undergraduate') degree.

4. ASSISTANCE

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Assistance rendered to a team in the preparation of its case, including assistance by Facultymembers, must be limited to a general discussion of issues, suggestions as to research sourcesand decision-making. Substantially, the presentation has to be the original work of the students.

5. TEAM SELECTION

A team consists of two student members only, preferably one woman and one man, from a singleSchool or Faculty. Team members are to be chosen through a democratic and transparent methodapproved by the responsible authority within the School or Faculty. For the purposes of theCompetition, notice to one team member constitutes notice to both team members. Teams that areunable to come to Pretoria will be disqualified and, if possible, replaced.

6. MEMORIALS

Each team must prepare memorials for the Applicant and the Respondent. These memorials mustbe emailed to armand.tanoh@up.ac.za

6.1 Memorial general format

The memorial must consist of the following:

A standard cover page, which must be identical in style and content to Appendix A. The coverpage should not carry any mark that identifies the team, such as the name of the university ornames of team members.

A summary, stating in brief the main arguments, which must not exceed one page.

The memorial proper, which must not exceed 3,000 words (including footnotes, but excludingthe summary and table of authorities).

A table of authorities should be included.

Spacing: Double-spaced.Form: Typewritten.Margins: Top: 2cm, Bottom: 2cm, Left: 2cm, Right: 2cm.Font: Arial 12.

N.B: Failure to follow the prescribed requirements may result in penalties being imposed.

6.2 Submission of memorials

One copy of the memorial for each side (one for the Applicant and one for the Respondent) mustbe submitted to the Steering Committee on or before 30 August 2013. Both memorials should be

attached to the same email message.

Memorials received by fax or by post will be rejected.

Any team that fails to submit an electronic copy of the two memorials to the organisers before thedeadline will be disqualified.

Teams must submit 5 copies of each memorial (Applicant and Respondent) at registration inPretoria, as indicated in the official Competition programme. The Steering Committee cannotprovide computer and photocopying facilities to participants during the Moot Competition.

Each team must have a compilation of the materials referred to in its memorials available during

oral pleadings.

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6.3 Memorial marking

Memorials will be marked by independent experts.

6.4 Memorials in oral rounds

During the preliminary and final rounds, the applicable memorials submitted at registration by theteams will be made available to the judges.

6.5 Use of opposing teams' memorials

As far as the preliminary rounds are concerned, no team may view in advance, or otherwisebecome privy to the memorials of any other team before these are made available to them by theSteering Committee. In the final round, the Steering Committee will make copies of the twoseparate memorials (used in the preliminary rounds) available to their opponents at least threehours before the commencement of the final round, and to the judges.

6.6 Best memorials

The team with the best memorials will be announced at the end of the Competition during theprize-giving ceremony.

7. ORAL PLEADINGS

7.1 General procedure

The order of pleadings will be: Applicant team, Respondent team, rebuttal by Applicant team. Allteam members must act as oralists during any round. No team may argue for longer than 30

minutes (including rebuttal) during the preliminary and final rounds. One oralist may not use morethan 20 minutes during the preliminary or final rounds. Rebuttal may not exceed 5 minutes. Onlythe Applicant has the opportunity for rebuttal. Time for rebuttal should be reserved in advance.

7.2 Ex parte procedures

Where a team fails to arrive for a scheduled round, the Steering Committee, after waiting for tenminutes, may announce a new team against which the other team will argue, or allow the round toproceed ex parte. In an ex parteproceeding, the attending team presents its oral pleading, which isscored by the judges. In such a case, the team that fails to arrive for the scheduled round forfeitsall of the round's points. If good cause is shown, the Steering Committee may arrange for anadditional round for the absent team later during the Competition, if time and administrativeconcerns permit. The Steering Committee may also, at its discretion, decide that an ex parteprocedure may take place where special circumstances, such as translation difficulties, so require.

7.3 Scope of pleadings

The scope of a team's oral pleading is not limited to the scope of its memorial. The scope of theApplicant's rebuttal is limited to the scope of the Respondent's oral pleadings.

7.4 Scouting

No member of a team may attend a preliminary round or view the memorials of any other team

unless they are themselves competing in that round. Teams violating this rule may be disqualified.All rounds will be open to the public. Audio and video taping of oral pleadings are prohibited unlessauthorised by the Steering Committee. The use of mobile phones is not permitted in the venue.

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The Steering Committee may make use of video and photographic materials of any round and useit for promotional and training purposes without compensating the participants. The participantsagree to this when entering the competition.

7.5 Oral and written communication

No oral or written communication may take place between team tables and any spectator during around.

7.6 Absence from the courtroom

No team member is allowed to leave the courtroom for the duration of the proceedings of a specificcase in which he or she is taking part. If a team member needs to leave the room in a case ofemergency, an official will accompany the team member.

7.7 Best oralist

The name of the best oralist in the preliminary rounds, based on the points indicated for oral

argument on the score sheets, will be announced at the end of the Competition during the prize-giving ceremony.

7.8 Preliminary and final rounds

In the preliminary and final rounds teams will be scored exclusively on their oral pleadings.

8. CONFIDENTIALITY OF TEAM IDENTITY

Each team is assigned a number at the start of the Competition and is identified only by thatnumber for the duration of the Competition, to ensure anonymity..

9. LANGUAGES

The official language of the Competition is English. Students will be invited to submit memorialsand present oral arguments in English only.

10. INTERPRETATION OF RULES

The rules will be interpreted by the Steering Committee.

11. CLARIFICATION OF THE PROBLEM

Participants may submit written requests for clarification of points in the problem which aremanifestly unclear and which must be clarified in order for the participants to develop theirpleadings. When a clarification request is left unanswered, the parties to the dispute have decidedthat the point is invalid, has been addressed sufficiently in other materials, or no agreement couldbe reached between the parties.

Requests for clarification must be received by the Steering Committee on or before 31 July 2013.Clarifications will be made available to all participants before 10 August 2013. The onus is on

each team to establish, before the Competition, whether there has been any such clarification oralteration.

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12. DISQUALIFICATION AND PENALTIES

12.1 Procedure

The Steering Committee has the power to disqualify a team on the basis of violations of these rulesor the spirit of the Competition. It also has the power to impose penalties, in the form ofsubtractions from the marks awarded, not exceeding 20 points for each infraction. Judges maypropose disqualification or penalties, but these measures will only take effect once they areendorsed by the Steering Committee.

When the issue of disqualification or penalties arises, the Steering Committee, on its own motion oras a result of a team complaint, must ascertain the facts of the situation in order to determinewhether an infraction has occurred. The team initiating the complaint must give timely notice to theSteering Committee and the accused team. If, on its own motion, the Steering Committeeinvestigates a possible violation, it must give timely notice to the accused team. The accused team

will be allowed to reply to the complaints made. Where judges intend proposing disqualification orthe imposition of penalties, they must inform the teams accordingly and give them time to respondat the end of each particular round.

Complaints pertaining specifically to oral pleadings must be submitted to the Steering Committeewithin one hour of the completion of the round in which the alleged violation occurred. Memorialand oral pleading penalty points will be assessed against the total score awarded by the judges tothe penalised team in the particular round.

12.2 Grounds

The Steering Committee may disqualify a team or impose a penalty against a team for behaviour

that substantially prejudices the Competition, including, but not limited to the following:

1) scouting;2) late submission of prescribed memorials to the Steering Committee;3) failure to meet memorial length and form requirements;4) communication between counsel table and any person (other than judges) during the oral

pleadings;5) engaging in poor sportsmanship;6) submitting petty, frivolous and verbose complaints;7) submitting substantially ill-conceived requests for clarification of the problem;8) revealing the identity of a team to the judges of a round before that round has taken place;9) dishonesty or other serious breaches of the spirit of the competition.

13. SCORING

Scoring must be done in accordance with the following documents:

Memorial standard cover page: Appendix A

Memorials scoring sheet: Appendix B

Instructions to Judges: Appendix C

Oral pleadings scoring sheet: Appendix D

Any matter not specifically provided for in these rules falls within the sole discretion of the SteeringCommittee.

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14. Contact of the organisers

For more information about the World Moot:

Armand TanohWorld Moot Court CoordinatorCentre for Human RightsFaculty of LawUniversity of PretoriaPRETORIA 0002Republic of South Africa

www.chr.up.ac.za

Tel: +27(0) 12 420 4841Fax: +27 086 210 4354Email: armand.tanoh@up.ac.za

Yolandi MeyerWorld Moot Assistant CoordinatorCentre for Human Rights

Faculty of LawUniversity of PretoriaPRETORIA 0002Republic of South Africa

Tel: +27(0) 12 420 5408Email: yolandi.meyer@up.ac.za