HI5015 Legal Aspects of International
This assignment is to be submitted in accordance with assessment policy stated in the Unit Outline and Student Handbook.
It is the responsibility of the student submitting the work to ensure that the work is in fact his/her own work. Ensure that when incorporating the works of others into your submission that it appropriately acknowledged.
This is a group assignment. Students are to form groups, with a minimum of 3 and a maximum of 5 students per group. The assignment consists of 2 parts: a 2,000 word written report and an 8-10 minute (maximum) in-class or video presentation.
1. Select a case from the list of International Law Cases below.
2. Advise your lecturer by email of your group members with student ID numbers and chosen case. Please note: your lecturer’s prior approval of your case is required.
3. Select the party you wish to represent (ex. China in the “Philippines vs. China in the South China sea” case; or Canada in “Canada vs Australia – Measures Affecting Importation of Salmon”).
4. Research, read and understand your selected case.
5. Prepare and submit a written report discussing the following:
a. background of the dispute
b. brief facts of the case
c. the legal issues presented
d. the individual parties’ arguments, with particular emphasis on your selected party’s arguments
e. the tribunal’s decision
f. the importance or significance of the case in international law (i.e. why is the case important in the development of international law). You can also discuss any other developments following the court or tribunal’s decision.
1. Present and discuss the summary of your report in 10 minutes.
2. The Presentation will be done in class or video recording. Your lecturer will advise which is more appropriate.
a. Whether in-class or video presentation, all members must present. The group will be marked down if not all members present.
3. Video link must be uploaded to a publicly-viewable video sharing platform (ex. Youtube, Dropbox, Google drive) and the video link uploaded on Blackboard.
4. A video presentation consists of both images and audio. For this reason, a plain Power Point presentation showing slides even with accompanying voice recording is not considered a video and, hence, not allowed.
a. The total word limit for the group report is 2,000 words (+/- 10% allowed). This word count limit will be strictly enforced. A deduction of 2 marks will be imposed for every 50 words over the word count. Anything over the word count will not be read by your lecturer.
b. The total word count for the report must be clearly written on the cover sheet of the assignment. A paper will not be marked if the word count is not written on the cover sheet and will be required to resubmit.
Lecturer approval of chosen case:
a. You must email your lecturer your list of group members and chosen case by week 4.
b. You must obtain approval by email from your lecturer of your group and chosen case before starting work on it. You must NOT start work on your group assignment until your lecturer approves your group and case. Please note: failure to obtain lecturer approval will result in a failing mark for the entire group for this assignment.
a. All group report submissions must be de done online and run through SafeAssign. No hard copies are to be submitted. Only one group member needs to submit for the whole group.
b. Please fill in the “Group Report cover sheet” (available in Blackboard under “Assignments and Due dates) and attach as a cover sheet to your group report and upload on Blackboard.
c. Each group also must also email to their lecturer a “Peer Evaluation of Individual Participation in Group Assignment” sheet (available in Blackboard under “Assignments and Due dates).
d. Non-submission of either the group report or video presentation link (if a group is doing a video) on Blackboard/SafeAssign (if doing a video presentation) is equivalent to non-submission, which will merit a mark of 0 (zero) for the group assignment.
e. This is a group assignment and is meant to be worked on in groups. Groups of less than 3 and more 5 members will receive a penalty of 10 marks (50%).
f. Reports must be submitted via SafeAssign on Blackboard and show a similarity percentage figure. Any group report that does not show a SafeAssign similarity percentage will not be marked and be required to re-submit.
g. Late submissions will be subject to Holmes Institute policy on student assessment submission and late penalties (please refer to subject outline and Student handbook).
a. The group report must have a minimum of 6 scholarly, academic references, which are appropriate for a Masters Level assignment.
b. Assignments are expected to observe proper referencing in accordance with a generally accepted system of citation (ex, Harvard System; Australian Guide to Legal Citation). A properly referenced assignment showing in-text citation is critical to passing and obtaining a good mark in the group assignment.
a. Plagiarism in any form, shape or manner is unacceptable under any circumstances and will be dealt with according to Institute policy on plagiarism.
b. In general, for written reports, a SafeAssign similarity percentage of 25% or below is acceptable. Regardless of the similarity figure, all group reports must use in-text citation and observe proper referencing rules.
INTERNATIONAL LAW CASES
Note: Below is the list of cases with links on where to obtain summaries or background information. Where possible, groups are expected to refer to the texts of the original cases and conduct additional research. Do not rely merely on the case summaries as it is not possible to write a 2,000 word report based only on case summaries.
1. De Sanchez v. Banco Central De Nicaragua Textbook (August, Mayer & Bixby 6th ed): pp. 63-65
2. Chattin v. United Mexican States Textbook: pp. 93-96
3. Islamic Republic or Iran v. United Sates of America http://www.icj-cij.org/en/case/79
4. Commission of the European Communities v. Federal Republic of Germany Textbook: pp. 51-53
5. Sandline International Inc. v. Papua New Guinea Textbook: pp. 73-76
6. The M/V Saiga Case (Merits) Textbook: pp. 98-103
7. In the matter of the Loewen Group Inc. and Raymond L Loewen vs USA Textbook: pp. 145-147
8. Bumper Development Corp. Ltd. V. Commissioner of Police of the Metropolis and Others
Textbook: pp. 150-153
9. Abbott v. Republic of South Africa Textbook: pp. 163-167
10. Bank of India v. Gobindram Naraindas Sadhwani and Others Textbook: pp. 172-175
11. Jorge Luis Machuca Gonzalez et al. v. Chrysler Corporation et al. Textbook: pp. 177-179
12. Barcelona Traction, Light and Power Co. (Belgium v. Spain) Textbook: pp. 187-189 http://www.icj-cij.org/en/case/50
13. Metro Industries v. Sammi Corp. Textbook: pp. 200-205
14. United States v. Blondek, Tull, Castle, and Lowry Textbook: pp. 225-229
15. Arab Republic of Egypt v. Southern Pacific Properties, Ltd., et al. Textbook: pp. 249-250
16. Brady v. Brown Textbook: pp. 257-262
17. Nissan Motor Mfg. Corp., U.S.A. v. United States Textbook: pp.264-266
18. The Bhopal Case – Charan Lal Sahu v. Union of India Textbook: pp. 277-281
19. Batchelder v. Kawamoto Textbook: pp. 288-290
20. Wilson, Smithett & Cope, Ltd v. Terruzzi Textbook: pp. 315-319
21. Hunt et al. v. Alliance North American Government Income Trust, Inc. et al. Textbook: pp. 344-345
22. Vishipco Line et al. v. Chase Manhattan Bank, N.A. Textbook: pp. 351-354
23. Finance Ministry v. Manifattura Lane Marz Otto, SpA Textbook: pp. 378-379
24. Canada v. Australia – Measures Affecting Importation of Salmon https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds18_e.htm
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