in-conjunction with the

Institute for International Trade
The University of Adelaide

presents the

2010

PACIFIC REGIONAL ROUND

of the

on the Law of the

WORLD TRADE ORGANIZATION

24 - 27 MARCH 2010

ADELAIDE, AUSTRALIA

INTRODUCTION

The European Law Student’s Association (ELSA) has been involved in Moot Court Competitions for a number of years in its Member Countries. In 2002, ELSA established the ELSA Moot Court Competition (EMC²) (on the law of the World Trade Organization (WTO).

Established in 1995, the WTO which is based on the old GATT Agreement creates a system for efficiently regulating international trade. ELSA’s aim for the competition is to encourage further developments on the subject matter in the curriculum of academic institutions globally and for law students to contribute to the ongoing discussion about globalisation in the context of the WTO Agreements.

ABOUT THE 2010 EMC² COMPETITION

For 2010, ELSA has announced that four (4) oral non-ELSA regional rounds will be conducted: Pacific; Asia; Latin America and North America. These Regional Rounds will serve as the entry mechanism for teams coming from universities with law and/or business faculties/schools, that are accredited under national law and which award degrees permitting graduates to enter the legal profession as per Rule 3.1 of the EMC² Rules.

The 2010 EMC² Case involves a hypothetical dispute regarding measures aimed at protecting and enforcing intellectual property rights. The case requires participants to analyse the consistency of certain intellectual property related provisions and certain enforcement provisions with the WTO agreements. The case raises further legal issues regarding the relationship between the WTO, free trade agreements and general principles of international law.

For a complete set of the EMC² documentation, please click on the following links:

• The 2010 EMC² Case
• Clarifications to the 2009 EMC² Case
(details to be posted on ELSA website on Monday, 14th December 2009 per the Appendix A – Competition Timeline)
• Rules
• Appendix A – Competition Timeline
• Appendix B – Example of Written Submission Cover
• Electronic Team Registration Form
• Tips-4-Teams Oral Pleadings
• Marking Guidelines for Oral Pleadings
• Oral Pleadings Score Sheets
• Tips-4-Teams Written Submissions
• Marking Guidelines for Written Submissions
• Written Submissions Score Sheets
• Example of Best Complainant Written Submission
• Example of Best Respondent Written Submission
• Selection Rounds
• Final Oral Round
(details to be posted on ELSA website on Monday, 1st March 2010 per the Appendix A – Competition Timeline)
• Team Confirmation Form
(form to be posted on ELSA website on Monday, 1st March 2010 per the Appendix A – Competition Timeline)

ABOUT THE 2010 EMC² PACIFIC REGIONAL ROUND (PRR) COMPETITION

Pacific Regional Round Organiser

ELSA’s International has re-appointed former WTO Deputy Director-General (1999-2002), Mr Andrew Stoler and the Institute for International Trade – The University of Adelaide as the Regional Round Administrator and Organiser of the Pacific non-ELSA Regional Round (the PRR), for the sixth consecutive year.

Universities located in the following WTO Member and Observer States have been geo-politically attributed by ELSA International to the PRR: Australia, Fiji, New Zealand, Papua New Guinea, Samoa, Solomon Islands, Tonga and Vanuatu.

Pacific Regional Round Organiser Team - Contact Details

Ms Marie Gutsche
EMC² Pacific Regional Round Co-ordinator
Institute for International Trade -The University of Adelaide
Level 6
10 Pulteney Street
Adelaide SA 5005
AUSTRALIA
Ph: +61 8303 6900
Fax: +61 8303 6948
Email: marie.gutsche@adelaide.edu.au

Mrs Letizia Raschella-Sergi
EMC² Asia-Pacific Academic Supervisor
Institute for International Trade -The University of Adelaide
Level 6
10 Pulteney Street
Adelaide SA 5005
AUSTRALIA
Ph: +61 8303 6900
Fax: +61 8303 6948
Mobile: +61 408 165 400
Email: letizia.raschella-sergi@adelaide.edu.au

PRR Participants

Pursuant to Rule 3.1 of the Rules only one team per university law faculty/school or business faculty/school hailing from WTO Member and Observer States geo-politically attributed to the PRR. Each team may consist of a minimum of two (2) and maximum of four (4) law students who are either studying for an undergraduate or postgraduate law degree.

However law students who are studying for a PhD or SJD and/or are admitted to practice law in any jurisdiction are not eligible to participate in the EMC² competition.

PRR Team Registration Process

Students interested in participating in the PRR must formulate a team and complete the electronic Team Registration Form by Monday, 7th December 2009.

Late Registration is at the discretion of ELSA International and the PRR Organiser.

PRR Registration Fee

Pursuant to Rule 4.1 of the EMC² Rules, the Competition Fees for the PRR teams shall consist of two parts: ELSA Registration Fee and PRR Participation Fee.

1) ELSA Registration Fee

• 2010 EMC² non-refundable Registration Fee – Euro 300 per team - due by Monday, 7th December 2009; and

  * The Registration Fee must be transferred directly to ELSA International as per the instructions on the Competition Fee Information document.

2) PRR Participation Fee

• 2010 PRR Participation Fee – AUD $1,850.00 per team - is due by Monday, 7th December 2009;

  * An invoice will be sent out to each registered team from the Pacific Regional Round Co-ordinator by Friday 11 December 2009. (This is a University of Adelaide Accounting requirement). Please contact the PRR Co-ordinator for any queries.

The Registration Fee Includes:

• Entry into the Pacific Regional Round for up to four (4) Registered Team Members and one Team Coach or Academic Advisor
• Welcome Ceremony on 24th March (includes hor’derves and drinks)
• Awards Ceremony on 27th March (includes dinner and drinks)
• WTO Law experts acting as Panellists; and
• Australian GST

The Registration Fee Does Not Include:

• Airfares/travel arrangements to Adelaide
• Accommodation in Adelaide (please see Accommodation section below)
• Transfers between Adelaide Airport and your accommodation; and
• Meals and beverages not specified

Cancellations

Cancellations must be communicated in writing (via mail, fax or email) to ELSA International and the Pacific Regional Round Co-ordinator.

As per Rule 4.1.1.3, ELSA International Registration Fee is non-refundable. However, per Rule 4.1.1.4 the Pacific Regional Round Organiser has the discretion to refund a Participation Fee upon application in writing by a Registered Team.

Cancellations received four weeks prior to the event will be refunded in full, less 25% administration costs. No Registration Fee refunds will be made after Wednesday, 24th February 2010 other than in exceptional circumstances and at the discretion of the PRR Administrator, Mr. Andrew Stoler.

Special PRR Termination Clause

Per Clauses 5.1 to 5.6 of the Agreement between ELSA International and IIT, if less than six (6) teams have registered for the Pacific Regional Round by the close of the Team Registration Deadline on Monday, 7th December 2009, the oral regional will be converted, by authorisation of the ELSA Vice President of Academic Activities, to the Pacific Regional ‘Written’ Round.

Per Clause 1.3.6 of the Agreement between ELSA International and IIT, teams participating in the Pacific Regional ‘Written’ Round will be refunded the Participation Fee, less AUD$300.00 per team to cover the administration costs expended in the organisation of securing of arrangements for the Pacific Regional Round.

Please note that the Pacific Regional Round for 2008-2009 was converted to a ‘Written’ Round. The highest ranking team of that ‘Written’ Round, the University of Melbourne Team 002, went on to be the overall Winner of the EMC² competition in Taipei, Taiwan. This is the second time that the University of Melbourne have won the overall event in the 7 years of the EMC².

Congratulations to the University of Melbourne’s team on their brilliant win!!

Winners of the 7th Edition of the EMC² 2008-2009
(from left to right) The University of Melbourne Team 002: Ms Erica Leaney, Mr Rudi Kruse (Team Captain),
Ms Laura Bellamy, Mr Christopher Tran, Mr Morten Rydningen (ELSA International Vice President Academic
Activities 2008-2009) and Professor Chang-fa Lo (Executive Director of the Asian Centre for WTO and International
Health Law and Policy (ACWH) and host of the 7th Edition of the EMC² in Taipei, Taiwan – 19th to 24th May 2009.

Pacific Regional ‘Written’ Round Teams and Panellist
(from left to right) Winner - University of Melbourne Team 002: Dr Andrew Mitchell (Coach), Dr Tania Voon
(Academic Advisor), Ms Erica Leaney, Ms Laura Bellamy, Mr Rudi Kruse (Team 002 Capitan), Mr Christopher Tran,
Written Submission Panellists: Emeritus Professor Mary Hiscock (Bond University) and Professor Meredith Lewis
(University of Victoria, Wellington), Runner-up University of Otago Team 022: Mr Andrew Tringhan, Ms Anna Jacobs,
Ms Grace Brown (Team 022 Capitan), Ms Hannah McDonald, Dr Tracey Epps (Coach and Academic Advisor) and
Asia-Pacific Academic Supervisor: Mrs Letizia Raschella-Sergi.

PRR Team Identification and Anonymity

Per Rule 3.6 ELSA International will per the Appendix A – Competition Timeline on Friday, 19th December 2009 (via email to the nominated Team Contact Person) confirm payment of the Team Registration Fee. In addition, ELSA International will issue each Registered Team with its EMC² Team Number.

From Monday, 7th December 2009 a Registered Team must use its Team Number as the only form of identification when communicating with either the Pacific Regional Round Co-ordinator or the Asia-Pacific Academic Supervisor.

Importance of EMC² Written Submissions

Although the EMC² is primarily an oral competition, the scores allocated for the Complainant and Respondent Written Submission scores, per Rules 6.9.10 and 7.4.2.2 will be utilised in the Preliminary Rounds of the PRR. Teams proceeding to the FOR will have their Written Submissions remarked as per Rules 6.9.11, 6.9.12 and 7.4.3.2.

ELSA’s decision to use a combination of oral and written scores is two fold. Firstly, in the WTO Dispute Settlement System, Written Submissions for many ‘third-party’ Complainant Members is the only form of communicating their specific interests. Secondly, ELSA’s educational objectives for the EMC² include creating a moot court competition that replicates, as closely as possible, the actual WTO Dispute Settlement process. Therefore, student’s who intend to pursue a career in International Trade Law need to develop their written skills in order to produce concise and persuasive written briefs. Participation in the production of the EMC² Written Submissions is considered to be an invaluable experience for students.

Role of Written Submissions in the EMC² Oral Pleadings

Notwithstanding that the Written Submissions form part of the overall scoring system, the documents ARE NOT exchanged between the Complainant Team and the Respondent Team for any EMC² Oral Pleading Session.

ELSA’s decision to withhold exchange of the Written Submissions is based on a recommendation from previous EMC² “Panellist” who identified that many Teams had extensively developed their arguments (and in some cases even finally identified the correct issues) from the time of dispatch to attending either a regional round or the Final Oral Round.

Dispatch of PRR Written Submissions

In addition PRR Teams must follow Rule 6.8 when dispatching the electronic copies of their Written Submission documents:

Each Registered Team must dispatch one (1) electronic copy of each Written Submission (i.e. Complainant and Respondent). The copies must be transmitted by email to the ELSA International by the deadline per Rules 6.8.1 and 6.8.5 that is, by 1700 hours (5.00 pm) local time (for each jurisdiction) on Friday, 29th January 2010.

Oral Pleading Sessions

The 2010 EMC² official Tips-4-Teams Oral Pleading Sessions details the actual moot process. All participants should access this document and familiarise themselves with the procedures contained therein.

Proposed PRR Programme

PRR Panellists (Judges)

The oral rounds will be judged by WTO Law and/or International Trade Law experts from the respective WTO Member and Observer states geo-politically attributed to the Pacific Regional Round. All “Panellists” will be nominated and selected by the EMC² Asia-Pacific Academic Supervisor and PRR Administrator per Rule 1.1.8.8.

The Written Submissions for the Pacific Regional Round will also be judged by a pool of WTO Law and/or International Trade Law specialists nominated by the EMC² Asia-Pacific Academic Supervisor as per Rule 1.1.8.8.

PRR Awards

• Winning Team
• Runner-up Team
• Best Orator Preliminary Rounds*
• Best Orator Grand Final
• Best Overall Written Submissions
• Best Complainant Written Submission
• Best Respondent Written Submission
  
  * To be eligible per Rule 8.1.6.2 an orator must plead both as Complainant and as Respondent in the Preliminary Rounds.

EMC² 2009 FINAL ORAL ROUND (TAIPEI)

Number of PRR Teams Participating in FOR

• Pursuant to Clause 3.2 of the Agreement between ELSA International and IIT the following teams shall progress to the FOR:

1. If between six (6) and eleven (11) teams register for the Pacific RR – the Winner and Runner-up will progress to the FOR.
2. If between twelve (12) and fifteen (15) teams register for the Pacific RR – the Winner, Runner-up and team placed third at the conclusion of the Preliminary Rounds will progress to the FOR.
3. If sixteen (16) or more teams register for the Pacific RR – the Winner, Runner-up as well as the teams placed third and fourth at the conclusion of the Preliminary Rounds will progress to the FOR.
4. If the Pacific RR is converted to the Pacific Regional ‘Written’ Round as less than six (6) teams register for the event, then only the Winner will progress to the FOR.

As at 17 November 2009 there are “2” Teams registered for the Pacific Regional Round.

Team Confirmation Form

Teams(s) progressing from the Pacific Regional Round (PRR) to the Final Oral Round (FOR) in Santo Domingo, Dominican Republic (Monday, 24th May to Sunday, 30th May 2010), will be required to complete a Team Confirmation Form. The Form will be available on the EMC² website as of Monday, 1st March 2010 and must be returned by email to ELSA International and IIT by Friday, 16th April 2010 as per Appendix A – Competition Timeline.

FOR Participation Fee

A ‘FOR’ Participation Fee shall be paid by all Team Members and the Coach or Academic Advisor to participate in the FOR. This fee will be released on Monday, 1st March 2010 as per the Appendix A – Competition Timeline. Please note that a maximum of five individuals only will be accepted from a Team progressing to the FOR at this rate. The EMC² website contains all necessary details of the FOR program, accommodation and visa information.

ADELAIDE LINKS

South Australian Tourism Commission
University of SA Internet Resources for Tourism
The University of Adelaide

COMPETITION VENUE

Institute for International Trade
The University of Adelaide
Seminar Room
Level 6
10 Pulteney Street
(Corner Pulteney Street and North Terrace)
Adelaide SA 5000
Tel: +61 8 8303 6900

ACCOMMODATION

IIT has secured special accommodation rates with the Quest on King William Apartments. The hotel is in the centre of Adelaide and located within a five minutes’ walking distance or 2 minute bus ride from 10 Pulteney Street.

Please contact the hotel directly before Thursday, 31st December 2009 for reservations and quote the code below to ensure that you receive the special EMC² rates.

Quest on King William
82 King William Street
Adelaide SA 5000
Phone: + 61 8 8217 5000
Fax: + 61 8 8217 5050
Email: questkingwilliam@questapartments.com.au
Web: http://www.questonkingwilliam.com.au/index.site.home.property.11.html

**Please quote 'ELSA Group (UNIADL)' to receive the EMC² special rates.

** If you require additional nights either side of the official competition dates, you will be able to secure the rooms for the same costs, however such rooms are on request on only.

TECHNICAL SUPPORTER

EMC² INTERNATIONAL PARTNER