MOOT COURT ASSOCIATION, NLIU BHOPAL

MOOT PREPARATION – PIL MOOTS

Prepared by Mr. Naman Gowda

1. BASICS
a. First step is to understand the basic foundations of international law i.e., the
sources of rules of international law. These are enshrined in Article 38 of the
Statute of the International Court of Justice and has been widely accepted as the
definitive sources of international law. The whole of article 38 must be at your
fingertips.
b. To obtain a deeper understanding of the sources of international law (you don’t
have an option, you have to), refer to either of the following books: - Malcolm
Shaw’s International Law or Akehurst’s Modern International Law. Both these
books are easily available online.
c. Second step is to understand the basic foundations of international responsibility
i.e., the Articles on Responsibility of States for Internationally Wrongfully Acts
(ARSIWA). Everyone is advised to get a solid understanding of the following
chapters of the ARSIWA –
i. Part I Chapter I (General principles).
ii. Part I Chapter II (Attribution of conduct to a State).
iii. Part I Chapter V (Circumstances precluding wrongfulness).
iv. Part III Chapter I (Invocation of the Responsibility of a State).
v. Part III Chapter II (Countermeasures).
The Draft Articles on State Responsibility contain commentaries on these
chapters. Please read all of them. It is advisable to read the relevant parts of James
Crawford’s General Part on State Responsibility, which is easily available online.
d. Third step – Paragraph 19 – All the conventions and treaties mentioned in
paragraph 19 of the problem.
i. UN Charter – Chapters I, IV, V, VII and XIV.
ii. Statute of the ICJ – Articles 36, 38, and 40.
iii. Vienna Convention on the Law of Treaties – Article 26 to 33.
e. Fourth Step is to understand the basics of the two themes underlying the problem
i.e., responsibility for disposal of hazardous wastes and unilateral economic
sanctions. Multiple books and articles by renowned scholars are available which
 will help you obtain a very basic understanding of the themes. These articles and
books can also be cited as sources of law in the memorial as some of them fall
under the ambit of “highly qualified publicists”.

2. FACTS: -
a. The usual list of dates and events is mandatory.
b. You must know the problem in and out.
c. Divide the facts into smaller parts. This will eventually become your summary of
facts but it also helps you understand the facts completely and pick up small facts
that might be pivotal to an argument.
d. Small facts are mentioned in isolation throughout the problem which can
completely change an argument. Therefore, read the problem everyday as you
might pick up a new fact that can help your argument or interpret the facts in a
different and suitable manner.
e. Having said that, some facts may not have any significance to the case and is
usually a red herring. Try to identify red herrings within the problem.
f. ARBIT – the provisions of the ARBIT are like that of any other Bilateral
Investment Treaties. Such treaties have led to multiple investor – state arbitrations
where tribunals have rendered awards. These awards contain different
interpretations of various provisions similar to that of the ARBIT. To understand
the implications of these provisions and how they are to be interpreted, refer to
these awards.
3. MEMORIAL: -
a. The ideal way to approach an issue is to look at the different rules involved. The
best way to sequence the arguments thereafter is: -
i. Treaty rule.
ii. Custom rule.
iii. General Principles, if any of the above are applicable.
b. Each argument will have to be structured in the Issue, Rule, Analysis and
Conclusion (IRAC) format. An example argument would be: - The inherent right
of self defence is recognized under article 51 of the UN Charter. Every state has
the right of self – defence in case an armed attack occurs. Ever since the 2001
Terrorist Attack in the United States, multiple UNGA and UNSC Resolutions
 evince an expansive interpretation of article 51 to include the right of anticipatory
self – defence. This is furthered by the lack of reaction of the international
community to the air – strikes carried out by the Israeli Air Force on the al – Kibar
Nuclear Facility in Syria, which was still under construction. On August 8, 2019,
Y state had amassed multiple troops at its border and was also mobilizing its Air
Force, as confirmed by the satellite imagery obtained by X. In light of this
information, X state lawfully exercised its right of anticipatory self – defence and
deployed its Air Force to bomb particular facilities in Y to prevent any armed
attack against its state.
c. Discerning state practice is a good way to understand the law pertaining to a
particular subject. As stated above, the lack of reaction to the al – Kibar attack can
be viewed as an acceptance of States of a new right of anticipatory self – defence,
which can be exercised to prevent an armed attack from taking place. Similarly,
incidents from the past and the reaction of the international community thereafter
can be used to understand the status of the law pertaining to that subject. It is
advisable to include state practice in every argument.
d. The cases of the ICJ contain the most authoritative interpretations of the different
aspects of the law pertaining to the themes. Read the entire judgement and when
relevant, the separate/dissenting opinions of other judges.
e. Start drafting your arguments simultaneously with your research. The draft will
have to be changed multiple times as new research may reveal different
approaches or may completely obliterate the argument.
f. Start making your frills simultaneously.
4. ORAL ROUNDS: -
a. Make your speech after the submission of the memorial.
b. It should not be a reading of your memo.
c. Practice your speech with each other. Your teammate is your best judge.
d. Your speech structure may be completely obliterated by the judge. Be ready for
that. Have the shortest possible versions of each argument ready.
5. MISCELLEANEOUS: -
a. ILC Material, if available for the subject matter, is a very good source to
understand the law pertaining to the subject matter. Eg: - ARSIWA,
Transboundary Harm, Fragmentation Report.
b. At times, the judgement of a district Court of a country may contain an
authoritative exposition of the law pertaining to a subject. Do not dismiss such
cases merely because they are not judgements of international courts or tribunals.
You will come across a variety of tribunals during your research. It is up to you to
determine relevance of each tribunal.
c. Make timelines and try to stick to them.
d. By the end of the drafting stage you must know the problem in and out. This
means facts and their paragraph numbers.