EMC² 2009-2010

Frequently Asked Questions

Q1:     What is the EMC²?

A1:     The EMC² is the ELSA Moot Court Competition on the law of the World Trade Organization and is organised by the European Law Student's Association (ELSA) and its global partners. The World Trade Organization (WTO) is the global international organization dealing with the rules of trade between nations. The WTO administers the WTO Agreements, negotiated and signed by the majority of the world's trading nations and ratified in their parliaments. The goal of the WTO Agreements is to help producers of goods and services, exporters, and importers conduct their business without interference from government administration, legislation or disguised barriers to trade. Importantly, the WTO is not a court but an international governmental institution that uses negotiations and diplomacy to settle disputes. Therefore, when disputes are heard in the WTO system, the process is more diplomatic then legalistic in style.

Q2:      What is the structure of the competition?

A2:      The EMC² is divided into two principle rounds: ‘Selection Rounds’ and the ‘Final Oral Round (FOR)’.

The Selection Rounds have the aim of selecting teams for the ‘Final Oral Round (FOR) are divided into two forms:

i)    The Oral Rounds (ELSA and non-ELSA Regional Rounds); and

ii)   The International Written Round.

Rule 2.1.1.2 provides that a team can enter only one Selection Round. ELSA International has allocated countries to specific ELSA and non-ESLA Regional Rounds. To ascertain which round a country will compete in, please see Rule 2.1.4.

A team from a country which is not allocated to either an ELSA or non-ELSA Regional Round, per Rule 2.1.4.7 will be selected through the International Written Round.  

The winners of the each Regional Rounds and International Written Round will then progress to the ‘Final Oral Round. (FOR)’. A limited number of teams compete in the ‘Final Oral Round (FOR)’ and this is released to competitors by ELSA International on the date listed in

Appendix A of the EMC² Rules – Competition Timeline.

Q3:      What is an ELSA National Rounds of the EMC²

ELSA International is the umbrella for the ELSA National Groups  who operate in 40 countries and comprise of some 30,000 law students. The aim of the ELSA National Rounds is to give ELSA National Groups the opportunity to experience the organisation of such an event.

In order to host an ELSA National Group EMC² competition, the local ELSA Network must negotiate with ELSA International. All ELSA National Rounds will take place prior to the ELSA Regional Rounds. The highest ranking team(s) of an ELSA National Round then obtains automatic right to participate in one of the two ELSA Regional Rounds to be held in Leuven, Belgium and Helsinki, Finland in 2010.

Q4:      Is the EMC² limited to universities where ELSA is based?

A4:      The competition is open to teams from all universities or law schools in WTO Member and ObserverStates per Rule 2.1.

Q5:      Do you have to be a law student to participate in the EMC²?

A5:      ELSA International is an organisation operated by law students for law students. Therefore, only ‘law students’ can participate in the EMC².

Q6:      Who is classified as a law student for the EMC² competition?

A6:      Rule 3.1 provides that a person is classified as a ‘law student’ if he/she is ‘enrolled’ in a university law faculty/school or business faculty, accredited under national law, which awards a degree that permits its graduates to enter any legal profession is eligible for team membership. This includes students of undergraduate and masters programmes only. Doctoral students are excluded.

ELSA International deems you an ‘enrolled law student’ if you have not graduated on the close of the Team Registration Deadline on the date listed in

Appendix A of the EMC² Rules – Competition Timeline.

Q7:      Are there any grounds of exclusion or disqualification for Team Membership?

A7:      There are several grounds of exclusion or disqualification and are found under Rule 3.3. The reason for these Rules is that the aim of the Competition is to develop students’ academic and clinical skills that would be of use to them as future international trade lawyers.

For this reason participants must not have been engaged in the practice of law or any other work that gives them a significant advantage. Rule 3.3 specifies the meaning of ‘significant unfair advantage’. Sometimes the work that a ‘law student’ has undertaken does not fit into the exclusion or disqualification criteria. For this reason Rule 3.3.7 a student may apply to for an exemption of some rules. If you are uncertain it is best to contact ELSA International for an interpretation of your specific circumstances.

Q8:      What is the composition of a team?

A8:      Per Rule 3.1.1, teams must be composed of a minimum of two (2) ‘law students’ up to a maximum of four (4) ‘law students’.

Q9:      Can the team have a Coach?

A9:      A team per Rule 3.1.2 is permitted to have one Coach and/or an Academic Advisor. In fact, the Academic Supervisors strongly recommend that each team have at minimum a Coach.

Q10:    Who can be a Coach?

A10:    The role of a Coach is reserved for a person who can provide a team with valuable assistance both in regards to researching WTO law and aspects of the Case, but more important the practical aspects of presenting oral argument before an adjudicating panel.

As such, a team coach is generally a WTO or Legal Skills academic, a trade lawyer or a student who has previously competed in the EMC² competition. However, because the WTO is not a court, there are no restrictions as to who can be Coach, except that such a person must abide by the Team Assistance rule.

Q11:    Can teams receive assistance?

A11:    According to Rule 3.4 of the EMC² Rules, the Team Assistance is clearly explained, but briefly you are only permitted to receive assistance on style, form, oral presentation and written presentation. You are not permitted assistance on the substance, except to have questions posed to you. Therefore, you are permitted to have WTO/International Trade Law experts ask you questions, but not give you the answers.

In addition outside assistance may direct you to specific research resources, although this will be rare because of the guidance the Case Author has provided. Essentially ELSA believes this is an issue of good faith by all involved.

Q12:    Are there any pre-registration requirements?

A12:    There are no pre-registration requirements, however as the EMC² is only open to one team per faculty, you should secure your Law School acknowledgement or approval before registering.

If an ELSA Group is present in your Law School, then you should also contact them as they might be organising an Oral (Selection) Round to choose teams to enter the Competition. You may also check with ELSA International.

Q13:    How do I register for an Oral Regional Round?

A13:   You must register using the online Team Registration Form located at the “Competition – Registration” section of the official EMC² website.

Q14:    How do I register for the International Written Round?

A14:    The process is the same as registering for an Oral Round. If your university is located in the state assigned to the International Written Round, please complete the online Team Registration Form.

Q15:    What is the Team Registration Deadline?

A15:    A team must submit an online Team Registration Form by the date listed in Appendix A of the EMC² Rules – Competition Timeline, Monday, 7^th December 2009

           ELSA International will consider a late application between 08^th and 29^th December 2009 (inclusive) for extenuating circumstances. However, such an application must be made in writing to the Vice President Academic Activities (VPAA). The VPAA has the sole discretion whether to accept a late registration request. No late registrations will be considered after 29^th December 2009.

Q16:    What are the Competition Fees for participating in the EMC²?

A16:    There are three kinds of Competition Fees, the first two you must pay to compete to enter via a Selection Round and the third one you are only required to pay if your team progresses to the ‘Final Oral Round (FOR)’.

1)      ELSA Registration Fee – this amount is paid direct to ELSA International (see the “Competition – Fee Information” section of the official EMC² Website for details of inclusions and payment instructions) and must be paid at the time of submitting an online Team Registration Form. 

The Registration Fee varies depending on which Selection Round you choose to register for and covers ELSA International’s cost to administer the EMC² competition globally:

Ø   Rule 4.1.1.1 - ELSA Regional Round - 250 Euros;

Ø   Rule 4.1.1.3 - Non-ELSA Regional Round – 300 Euros &

Ø   Rule 4.1.1.5 - International Written Round - 400 Euros.

   2)     Regional Round Participation Fee – this amount is paid direct to the respective Regional Round Organiser (RRO) (see the “Competition – Fee Information” section of the official EMC² Website for complete details of inclusions and payment instructions).

Regional Round Participation Fee:

The Participation Fee varies depending on the specific Regional Round and must be paid at the time of submitting an online Team Registration Form.

Ø   ELSA Regional Round Leuven – EUR€ to be adviced

Ø   ELSA Regional Round Helsinki - EUR€ to be advised

Ø   Latin America Regional Round – USD$ to be advised

Ø   North America Regional Round – CAD$ to be advised

Ø   Asia Regional Round – USD$1700.00

Ø   Pacific Regional Round – AUD$1850.00

   3)     Final Oral Round Participation Fee – this amount is paid direct to the International Organising Secretariat (IOS) COLADIC-RD (see the “Competition – Fee Information” section of the official EMC² Website for details of inclusions and payment instructions). Only the Teams which will qualify for the Final Oral Round (to qualify the Team must participate in one of the Selection Rounds as described above in Answers 2 and 3 above) must pay the FOR Participation Fee.

Final Oral Round Participation Fee:

Ø   Team Member and Coach Participation Fee
– USD$ to be advised

Ø   Additional Person Participation Fee
– USD$ to be advised

Q17:    When do I have to pay my Competition Fees?

A17:    The Team Registration Fee and the Regional Round Participation Fee, though there can be some exceptions hence you should consult the respective RRO (Regional Round Organiser), are both due by Monday, 7^th December 2009.

For teams progressing to the ‘Final Oral Round’ in Santo Domingo, the IOS will issue an invoice on the date listed in

Appendix A of the EMC² Rules – Competition Timeline, Monday, 19^th April 2010, provided it has received the Team Confirmation Form by Friday, 16^th April 2010.

The FOR Participation Fee and Additional Person Participation Fee are due on Monday 10^th May 2010. If the said Invoice is not paid in full to the IOS by the due date, a team will not be permitted to attend or compete in the ‘Final Oral Round’.

Q18:    How can I find financial support for participating in the EMC²?

A18:    There are many sources that a team can apply to for funding. The following are some suggestions based on the 2009-2010 Case topic of intellectual property and customs transit issues. However we strongly encourage teams to seek the assistance of the Marketing Officer/Fundraising Officer within your Law Faculty:

Ø   Benefactors of the LawSchool;

Ø   Local law firms engaged in international trade law and/or intellectual property law and/or customs law;

Ø   Agencies within your government that handle international trade (please note that in your country these agencies may be referred to by different names) for grants:

i)       Agency dealing with international trade negotiations (e.g. Department of Foreign Affairs and Trade; Director General of Trade Commission; US Trade Representative etc.;

ii)      Agency dealing with international trade law agreements (e.g. Attorney General Department of International Law, US Justice Department etc.)

iii)     Agency dealing with intellectual property rights (e.g IP Australia, European Patents Office; US Patents and Trademarks Office etc.)

iv)     Agency dealing with customs (Australian Customs, US Customs etc.);

v)      Agency dealing with the regulation of pharmaceuticals and herbal remedies (e.g. TGA, FDA etc).

vi)     Agency dealing with tertiary education that provides educational grants.

Ø    Local pharmaceutical and herbal remedy companies interested in intellectual property issues.

Ø    Local cosmetic/toiletries companies which include herbal ingredients in their products;

Ø    Freight Forwarding companies involved in the clearance of goods through customs;

Ø    Local Airlines for travel sponsorship; and

Ø    Local Chamber of Commerce or industry groups that may be able to provide grants.

Q19:    What kind of financial assistance does ELSA International offer the teams?

A19:    Please note that ELSA International is a student ‘member’ organisation, organsied and run by students on a voluntary basis and therefore is not in the position to assist teams by waiving either the ELSA Team Registration Fee, or the Regional Round Participation Fee, or assisting with fundraising.

Q20:    What are the key dates of the competition?

Ø   Deadline for the organisation of an ELSA National Rounds - Monday, 5^th October 2009.

Ø   Registration Deadline for all teams is 1200 hours Central European Time - Monday, 7^th December 2009.

Ø   Deadline for electronically dispatching Written Submissions documents is 1700 hours (local time in each jurisdiction) - Friday, 29^th January 2010.

Ø   ELSA Regional Rounds and non-ELSA Regional Rounds – Sunday, 1^st March to Sunday, 4^th April 2010

Ø   Date of the Final Oral Round in Santo Domingo, Dominican Republic – Monday, 24^th to Sunday, 30^th May 2010

Q21:    Where can I find the necessary information to compete in the EMC²?

A21:    All the necessary information can be obtained from the official

  EMC² Website which contains the 2009-2010 documentation:

Ø   The 2009-2010 EMC² Case

Ø   The 2009-2010 EMC² Rules

Ø   The 2009-2010 EMC² Rules - Appendix A – Competition Timeline

Ø   The 2009-2010 EMC² Rules - Appendix B – Example of Written Submission Cover

Ø   The 2009-2010 EMC² Rules -Appendix C – Official Interpretations

Ø   The 2009-2010 EMC² - Tips-4-Teams Oral Pleading Sessions

Ø   The 2009-2010 EMC² - Oral Pleading Sessions Score Sheets

Ø   The 2009-2010 EMC² - Tips-4-Teams Written Submissions

Ø   The 2009-2010 EMC² - Marking Guidelines Written Submissions

Ø   The 2009-2010 EMC² - Written Submission Score Sheets

Ø   Links to ‘previous Editions’ Cases, Clarifications and Bench Memorandums

Ø   Links to previous EMC² winning Complainant and Respondent Written Submissions.

In addition, registered teams will regularly receive information on the latest developments of the EMC² from ELSA International, however it is the responsibility of every team to monitor the official EMC² Website for updates which will be posted at

‘Information – News’ as required.

Q22.    During the preparation, what should a new team pay attention to? What is the most-common problem for newly-participating teams?

A22.    The most common problem for all mooting teams is that they think there is a magical answer to the Case. The Case has been designed so that some issues will be in the Complainant’s favour and some issues in the Respondent's favour. There is no clear winner or answers to the Case’s legal issues. 

The idea of the moot competition is firstly to identify the correct issues and secondly to apply the best oral and written argument in favour of the particular side. Therefore, this means that competitors should not discount any suggestion that has been raised until it has been thoroughly tested. This is done by two methods; first competitors should research the issue and second orally argue the point to ascertain if the argument is logical and addresses the requisite element of the Agreement article in question.
Sometimes teams do not discover that the issue is not worth addressing until they have are orally presented their arguments. Unfortunately due to the time frame involved in any moot preparation, usually the Written Submissions need to be submitted well before a team has time to orally test its arguments. So the Academic Supervisors strongly recommend that the team members meet weekly not only to discuss new research, but also test that research by orally presenting arguments to members of the team and if possible a coach and/or Academic Advisor. 

Competitors should not be afraid to change their arguments after they have submitted their Written Submissions, in fact the best teams do this.

Please note that the Written Submissions are not utilised in the actual oral pleading sessions and this is because the Academic Supervisos know there is some eight (8) plus weeks between dispatching the Written Submissions and actual oral pleadings in the Regional Rounds (and then another eight (8) plus weeks until the Final Oral Round). Often teams develop and refine their arguments and this is something which is greatly encouraged from a ‘clinical education’ perspective. However, competitors should be aware that the Written Submission count for 30% of the Overall mark and the oral pleadings for 70% of the Overall mark in order to progress through the competition. This is the same system applied for the Final Oral Round (FOR).

So the best advice we can offer is that team members should read, re-read and re-read the Case, then do exactly the same with all the Resources documents that the Case Author has provided as well as the Clarifications to the Case, which will be issued as per the Appendix A – Competition Timeline.

Q23:    What shall I do if I have a question about the case?

A23:    Please do not hesitate to contact ELSA International or your region’s Academic Supervisor or specific Regional Round Organiser whenever you have a question about the Case. Do not try to interpret what is said in the Case when you have doubts, even if it seems a simple yes or no question, please ask it!  Deadline for posing Clarification Requests on the Case, as per Appendix A – Competition Timeline, is Monday, 30th November 2009.

Q24:    Is there any difference in the approach or legal reasoning in solving the problem?

A24.    There is no difference in the approach or legal reasoning to solving the EMC² problem. What we want to stress however (and this is mentioned in the Tips-4-Team Oral Selection Round document), is that competitors should have an understanding of the WTO Dispute Settlement processes for Panels and the Appellate Body.

In addition, this WTO Dispute Settlement process IS NOT A COURT, but an ad hoc inter-governmental tribunal. That is, it is more diplomatic then legalistic in its processes and approach. Furthermore when a case goes to a WTO Panel, the three Panellists are drawn from the ranks of trade diplomats, economists and sometimes trade lawyers. Therefore, the process is much more relaxed and inquisitorial as opposed to adversarial.

Q24.    In the Jessup, teams from developed countries are often equipped with abundant of books and references, thus, possess huge chances to win the case over the teams from developing countries. Does this happen in this Moot?

A24.    This EMC² competition is not like the Jessup or any other mooting competition. In order to argue the EMC² legal issues, competitors must use the facts of the Case, highlight missing fact that could be relevant, understand how the multilateral trading system works and understand the relevance of Article 3.2 of the Dispute Settlement Agreement (DSU) regarding how to interpret the WTO Agreements.

For an excellent explanation of Article 3.2, please review the 2006-2007 Case Bench Memorandum which explains the interpretation tools utilised by WTO Panels and the Appellate Body.

Unlike the Jessup competition, the Academic Supervisors discourage competitors from reading too many articles.

Q25.    Are there any basic resources available?

A25:    The Case Author, Professor Bryan Mercurio, has provided an Indicative List of References, found at the end of the Case. The Academic Supervisors strongly recommend that competitors commence with these resources before venturing into additional articles and books. If teams only look at these documents but analyse them in-depth so they have a thorough understanding of the content and how the multilateral trading system works, they will do very well.

An additional source of references can usually be found in the footnote of primary articles suggested by the Case Author. If competitors do wish to read additional articles, they should be selective so that the articles are on point with the issues and come from a WTO law and economic policy perspective. Remember that WTO law is based on economic principles and the dispute settlement system’s primary objective is to keep international trade flowing!

Q26.    Do we need to use additional research when writing the Written Submissions?

A26.    Many EMC² Written Submission Panellists have advised the Academic Supervisors that the teams that do well are those that have kept to the basic documents recommended by the Case Author. Teams that have used additional materials have often missed the legal and/or policy point(s). Once again this point is stressed in both the Tips-4-Team Oral Selection Round as well as Tips-4-Teams Written Submissions.

The best strategies that competitors can utilise to prepare for either the Written Submissions or the Oral Pleadings are:

Ø   Read the WTO Dispute Settlement Understanding (DSU) Agreement at least three times;

Ø   Read the relevant Panel and Appellate Body Reports as listed by the Case Author;

Ø   Read the recommended articles as listed by the Case Author;

Ø   Review past winning Written Submissions, especially the 2006-2007 Complainant and Respondent documents.

Q27.    Do we need to use additional research when writing the Written Submissions?

A27.    Every year Panellist at the ‘Final Oral Round’ comment that some teams did not have a copy of the fundamental WTO Agreements. Therefore all competitors should have at minimum: 

Ø   World Trade Organization, The Legal Texts: The Results of the

Uruguay Round of Multilateral Trade Negotiations published by Cambridge University Press.

There are no special books which you 'must have' for the moot competition, but the following are suggestions which provide basic legal interpretation to the agreements these can all be obtained via the online

WTO Bookshop or Amazon.com.uk. The WTO Bookshop site is very good to see what new books have been published on the WTO.

We suggest that you check out the WTO Glossary for definitions and an explanation of terms used in the multilateral trading system or purchases/access the following text:

Ø   Dictionary of Trade Policy Terms by Walter Goode – Cambridge University Press (4^th edition 2003 or 5^th edition 2007) ISBN 0521538254

Ø   World Trade Law: Text, materials and Commentary – by Simon Lester and Bryan Mercurio with Arwel Davies and Kara Leitner – Hart Publishing – 2008 – ISBN 978-1-84113-660-8

Ø   The Law and Policy of the World Trade Organization (2^nd edn) - by Professor Peter Van den Bossche - Cambridge University Press – 2008 - ISBN 978-0-521-72759-4 (Paperback)

*Please note that you can purchase the above text books at www.amazon.com.uk for a reduced price.

Q28.    Should teams use electronic libraries?

A28.    There are many different electronic libraries available. However, the Academic Supervisors recommend that first team members should review the resources stated in the Indicative List of References provided by the Case Author.

Secondly, teams should utilise the resources found on the WTO’s own website www.wto.org, especially the electronic Analytical Index. In the opinion of the Academic Supervisors, using other electronic resources should only take place after the first two have been thoroughly exhausted.

Q29.    In the Jessup, the Case is presented before ICJ with a specific proceeding etiquette. How do the EMC² teams present its case before a Panel?

A29.    The EMC² Case is presented in front of a WTO Panel. There is very little similarity with domestic court proceedings or any other proceedings from international tribunals, such as the International Court of Justice. For all the information on the WTO process, please read the Tips-4-Team Oral Pleading Sessions document.

ELSA has produced a training video of the EMC² Oral Pleading Sessions. The Academic Supervisors, strongly recommend that all registered teams view this video for an excellent example of how the EMC² moot court competition proceedings operate.

In terms of preparing for the oral component read the WTO website on the Dispute Settlement Process. From this site competitors can take an interactive course as well as watch a video on a Panel dispute. 

Q30:    How long is an Oral Pleading Session?

A30:    Under normal circumstances an Oral Pleading Session lasts between one and a half to two hours. However, this depends on the number of questions asked by the Panel and how a team performs during the session.

The Panel is instructed by the Academic Supervisors that deliberations during the Preliminary Rounds of either the Regional Rounds or Final Oral Round should not take more than 15 to 20 minutes, where are the Semi-Finals may take up to 1 hour. There is no limit on the deliberation period of the Grand Final Panels.

Q31:    Can teams attend the Oral Pleading Sessions of other teams during the both the Regional Rounds and the ‘Final Oral Round’?

A31:    Per Rule 7.14 this is strictly forbidden Preliminary Rounds of either the Regional Rounds or the ‘Final Oral Round’. The only people permitted into an Oral Pleading Session are the two competing teams, their Coaches and/or Academic Advisors, their supporters, members of the Panel, the Timekeepers and other guests approved by the Academic Supervisor(s).

Teams who do not progress to the Semi Finals are permitted to attend either sessions. Guests of the Semi Finalists are only permitted to attend their own team’s Oral Pleading Session. This rule applies for both the Regional Rounds and ‘Final Oral Round’

The Grand Final is open to all guests at both the Regional Rounds and ‘Final Oral Round’.

Q32:    Where will the EMC² take place in Santo Domingo?

A32:    The Oral Pleadings will take place in a venue in Santo Domingo, Dominican Republic, booked by the ‘International Organising Secretariat’. All details will be posted on the “Final Oral Round” section of the official EMC² Website, on Monday, 1^st March 2010. 

Q33:    Where will the teams be staying in Santo Domingo? Do we need to arrange for our own accommodation, transfer, meals etc. ?

A33:    The ‘International Organising Secretariat’ - COLADIC-RD, will arrange accommodation, meals, the academic and social program for the “Final Oral Round’ participants (Competitors, Coaches, Academic Advisors, Panellist, Academic Supervisors and ELSA International).

Q34:    Do teams have to pay any extra fees beside the FOR Participation Fees in Santo Domingo?

A34:    Individuals will be responsible for any expenses incurred that are not included in the ‘Final Oral Round’ Participation Fee. All details will be posted on the “Final Oral Round” section of the official EMC² Website, on Monday, 1^st March 2010.

Q35:    Can non-participants attend the ‘Final Oral Round’?

A35:    Everyone is welcome to attend the ‘Final Oral Round’ as a guest. However since places are limited, teams must request ‘Additional Persons’ reservations with the ‘International Organising Secretariat’ at the time of submitting the Team Confirmation Form on Friday, 16^th April 2010.

Please be aware that reservations are subject to availability and that an ‘Additional Persons Fee’ will apply (see the ‘

Competition – Fee Information’ section of the official EMC² Website for details of inclusions and payment instructions).