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REVIEW REPORT of the 36th Edion of the Telders Internaonal Law Moot Court Compeon 25-27 April 2013, The Hague

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REVIEW REPORT of the 36th Edi�on of the

Telders Interna�onal Law

Moot Court Compe��on

25-27 April 2013, The Hague

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GENERAL

Foreword 2 Members of the Supervisory Board 3 Telders Organizing Office 2013 3 Legacy of Professor Dr. B.M. Telders 4 National Rounds Teams 6 Participating Teams of the Semi-Finals 9 Sponsors Teams 16 International Board of Review 18 Judges of the Semi-Finals 21 Judges of the Final Round 23 Jury for the Best Oralist Award 25 Judge Assistants 26 REVIEWS

Leiden University 28 University of Helsinki 29 University of Utrecht 30 Ivane Javakhishvili Tbilisi State University 31 Ross Galvin, Winner Best Oralist Award 32 Irina Garlasu, Runner-up Best Oralist Award 33 Prof. Steven Freeland, Winner Best Judge Award 35 RESULTS

Awards 39 Awards and Winners of the Telders Competition 2013 40 Final Results 2013 42 Acknowledgements / Sponsors 45

PICTURES Opening Ceremony & Pleadings at the Grotius Centre 24, 25, 26 April 15 Reception at the Municipality of Leiden 26 April 24 Final Day Saturday 27 April, Peace Palace 34

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FOREWORD

by the Chairman of the Supervisory Board of the Telders International Law Moot Court Competition

Thirty six years ago the very first Telders International Law Moot Court Competition was held. Teams from just three universities participated. This year 25 universities were represented, with preliminary rounds held in six countries. At the 36th edition of the Telders Moot Court Competition, the students pleaded The Varsho River Dispute, which involved various complicated issues of international law. This highly interesting case was written by Ms. Yuan Zheng and Mr. Michael Becker, Associate Legal Officers at the International Court of Justice. The Supervisory Board and the Telders Organizing Office wish to express their gratitude to all sponsors which have pledged their support to the Competition in many different ways. The Supervisory Board congratulates the winning teams, and thanks all the talented teams which have taken part in the Competition. The Board would also like to thank all the panellists, members of the International Board of Review as well as the members of the jury who donated their valuable time. They made the Telders Competition 2013 a most enjoyable event! Judge Kenneth Keith Chairman

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SUPERVISORY BOARD OF THE TELDERS INTERNATIONAL LAW MOOT COURT FOUNDATION

H.E. Judge Kenneth Keith, International Court of Justice, Chairman of the Supervisory Board H.E. Judge Abdul Koroma, International Court of Justice H.E. Judge Peter Tomka, International Court of Justice H.E. Judge Abdulqawi Ahmed Yusuf, International Court of Justice Prof. Dr. John Dugard, Leiden University (emeritus), International Court of Justice (ad hoc) Prof. Dr. Nico Schrijver, Leiden University

Prof. Dr. Liesbeth Lijnzaad, Dutch Ministry of Foreign Affairs, Maastricht University

Dr. Sam Muller, Director The Hague Institute for the Internationalisation of Law (HiiL)

Mrs. Hanna Thuránszky, Clifford Chance Mr. Rolf Oosterloo LL.M, MA, MPA, Campus The Hague, Leiden University Ms. Mette Léons, Telders Organizing Office

TELDERS ORGANIZING OFFICE 2013

Ms. Mette Léons (Co-ordinator) Ms. Shirleen Chin Mr. Theo Deligiannakis Ms. Ioana Moraru

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LEGACY OF PROFESSOR DR. B.M. TELDERS (1903-1945)

The Telders International Law Moot Court Competition is named after Professor Benjamin Marius Telders, who first became a professor of international law at Leiden University in 1931. Telders was extremely interested in why and how law operated. He considered international law to be a unique study and challenge, since it was— and in many respects still is— undefined and interwoven with history and politics. Professor Telders was respected for his sharp mind and frequently had the honour to represent his country, The Netherlands, before the Permanent Court of International Justice, predecessor of the International Court of Justice. His interests and activities were not, however, limited to international law. Professor Telders was a man who enjoyed life to the full. He spent his time doing various other activities as playing the piano, editing a literary magazine and leading a political party. These other activities complemented his duties as a professor and a lawyer. His approach to law was a practical one. Problems were meant to be solved, but not in contravention with important legal principles such as the rule of law and civil society. Professor Telders stood and fought for those principles even in the most difficult of times during the Second World War. Even being imprisoned for four and a half years did not break him morally or mentally, but made him more determined. He continued to write about international law, using a small pencil and match sticks. His fellow prisoners had great respect for his ability to put moral guidance and leadership into practice. Professor Telders died in the concentration camp of Bergen-Belsen in April 1945. Two years later, in 1947, former students of Professor Telders founded the Telders Students Society of International Law (Telders Dispuut) in commemoration of their Professor. The first Telders International Law Moot Court Competition was organised in 1977 on the occasion of the 30th anniversary of the Telders Students Society for International Law. Now, 36 years later after the first competition, the Telders Moot Court continues to maintain and live up to the legacy of the learned professor of international law.

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PARTICIPATING TEAMS NATIONAL ROUNDS

England

University of Reading Team coaches: Dr. James A. Green Dr. Robert Barnidge Team members: Ms. Lena Chua Mr. James Yap Mr. Jonathan Yong Ms. Isabell Zubinsha Iskandar Zakaria University College London Team coaches: Mr. Sam Bright Mr. Joseph Markus Team members: Mr. Jia Toh Ms. Isabella Moore Mr. Matthew Hodgson Ms. Sarah Hishan Gray’s Inn Team coach: Ms. Elizabeth Day Team members: Ms. Jennifer Frost Ms. Ylenia Rosso Ms. Naakesha Seth Ms. Katherine Williams

Ireland

Honourable Society of the King’s Inns Team coach: Mr. Michael Cornell Team members: Ms. Louise Troy Mr. Qasim Hussain Mr. Noel Campbell Mr. Seamus O’Coighligh The Netherlands

The Hague University of Applied Sciences Team coach: Dr. Michael Vagias Team members: Ms. Andjela Vuckovic Ms. Svetlana Atanasova Ms. Ralica Ilieva Ms. Laura Limbert

Portugal

Universidade Católica Portuguesa - Escola de Lisboa Team coach: Ms. Patrícia Fragoso Martins Team members: Ms. Ana Luísa Rocha Bernardino Ms. Inês Alpande Loureiro

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Romania

West University of Timisoara Team coach: Ms. Sorina Mîşlea Team members: Ms. Anda Avram Ms. Bianca Bara Mr. Mihail Andreca Mr. Denis Kurunczi

Ukraine

Academy of Advocacy of Ukraine Team coaches: Ms. Natalia Kelsh

Mr. Karapetyan Aleksandr Team members: Ms. Olga Sosiura Mr. Arthur Orvat Ms. Julia Shuber Mr. Andrew Pilipenko Taras Shevchenko National University of Kyiv Team coach: Mr. Anton Korynevych Team members: Ms. Olga Kyryliuk

Ms. Iuliia Korsun Ms. Vladyslava Levakina Ms. Gayday Nataliya

The National University of Kyiv-Mohyla Academy Team coach: Ms. Olha Asadcha Team members: Ms. Halyna Vlasenko Ms. Olena Serpukhovitina Ms. Anastasiia Zaichenko

Ms. Nika Rassadina Kyiv International University Team coaches: Mr. Dmytro Donenko

Mr. Iegor Sierov Team members: Ms. Ivanna Tychkivska Mr. Mark Prykhodko Mr. Oleksandr Terpai

Mr. Oleksandr Kurochkin Ostroh Academy National University Team coaches: Ms. Tetiana Khomych

Mrs. Dina Baisan Team members: Ms. Iuliia Veina Mr. Andrii Konopko Ms. Iryna Hutnik Mr. Iurii Vatsyk National University ‘Odessa Academy of Law’ Team coaches: Mr. Dmytro Koval

Ms. Vicoriia Pysmenna Team members: Ms. Natalia Bogachenko Ms. Anastasiia Murzanovska Ms. Ilina Ruslana

GMW advocatenwishes

all participants a challenging experience!

Scheveningseweg 52, 2517 KW The HagueP.O. Box 85563, 2508 CG The Hague

t +31 (0)70 3615048, f +31 (0)70 3615400, www.gmw.nl, www.legalexpatdesk.nl

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PARTICIPATING TEAMS SEMI-FINALS Austria Vienna University Team coaches: Ms. Jane A. Hofbauer Mr. Markus Beham Team members: Mr. Stefan Woda

Ms. Cansel Öztürk Ms. Sheila Mangachi Ms. Antonia Lehne

Belarus International University “Mitso” Team coach: Prof. Andrei Kozik Team members: Ms. Dziana Pranichnikava Ms. Natallia Krukouskaya Bulgaria Sofia University “St. Kliment Ohridski” Team coach: Mr. Valeri Valeriev Petkov Team members: Ms. Elina Vladimirova Lilova

Mr. Hristo Mihaylov Mihaylov Ms. Lyudmila Plamenova Petkova Ms. Miglena Deyanova Grozeva

Denmark University of Southern Denmark Team coaches: Ms. Kristina Siig

Mr. Bugge Daniel Team members: Ms. Freja Lisette Florentz

Ms. Depheny Frost Rahman Ms. Pernille Fromholt Olesen Ms. Lonnie Helena Petersen

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Estonia University of Tartu Team coaches: Ms. Katre Luhamaa Ms. Kairi Kaldoja Team members: Mr. Lauri Kriisa

Ms. Birgit Aasa Ms. Maarja Pild Ms. Kärt Raud

Finland University of Helsinki Team coaches: Mr. Ukri Soirila Ms. Eliška Pírková Team members: Ms. Anne Hyartt

Mr. Tero Kivinen Mr. Vesa Kyyrönen Mr. Paavo Teittinen

France Université Catholique de Lille - Faculté Liberté de Droit Team coaches: Mr. Giuseppe-Matteo Vaccaro-Incisa

Mr. Thomas Vigier Team members: Ms. Anne Jakubowski

Ms. Agnés Hugues Ms. Charlotte Bernard Mr. Marc Boulier

Georgia Ivane Javakhishvili Tbilisi State University Team coach: Ms. Marita Kutchava Team members: Ms. Ketevan Shushanashvili

Ms. Nino Gotsireli Ms. Mariam Titberidze Mr. Onisime Tskhomelidze

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Germany Universität zu Köln Team coaches: Ms. Katherine Simpson Ms. Lisa Hammelrath Team members: Ms. Sarah Friedrich

Ms. Mimi Kim Ms. Anne Roth

Ms. Claudia Muller Greece Democritus University of Thrace Team coach: Mr. Efthimios Papastavridis Team members: Ms. Danai Beka Ms. Evgenia Tsioutra Ms. Maria Oproglidou Ms. Sonia Saranti Ireland The Law Society of Ireland Team coach: Ms. Eva Massa Team members: Ms. Sarah Farrelly Ms. Aisling Byrne Mr. Simon Walsh Mr. Keith Doyle Italy University of Padua Team coaches: Mr. Giulio Alvaro Cortesi

Ms. Margaux Thiery Team members: Ms. Xheni Zeneli Mr. Patrick Rode Mr. Pablo Garnica

Mr. Giacomo Gasparotti

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Latvia Riga Graduate School of Law Team coach: Ms. Ieva Miluna Team members: Mr. Dimitriy Piskunov

Ms. Ketevan Vardosanidze Ms. Luīze Mantiņa Mr. Rolands Žīgurs

Leiden Leiden University Team coaches: Dr. Erik V. Koppe Ms. Andrea Varga Team members: Mr. Amin Benaissa Mr. Ross Galvin Ms. Emmy Heijmans Ms. Tríona Jacob The Netherlands I Utrecht University Team coach: Dr. Otto Spijkers Team members: Ms. Elise Fresen

Ms. Simona Onicel Ms. Svenja Kraaij Ms. Violette Moons

The Netherlands II University of Groningen Team coaches: Ms. B. Toebes Dr. A. de Hoogh Team members: Ms. Irina Munoz Ibarra Mr. Sebastian Bechtel Mr. Vincent Beyer Mr. Jamie Brown

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Norway University of Oslo Team coaches: Ms. Joanna Nicholson Mr. Nobuo Hayashi Team members: Ms. Kari-Johanne Iversen Ms. Alexandra Greenlees Ms. Meglena Antonova Ms. Vilde Heggen Poland University of Wroclaw Team coaches: Prof. Dr. Hab. Artur Kozłowski Ms. Dobrosława Budzianowska Team members: Ms. Dagmara Bujak Ms. Kamila Siejka Ms. Dominika Urbaniak Mr. Patryk Kubsik Portugal Universidade Nova de Lisboa Team coach: Mr. João Barreiros Team members: Ms. Maria Gorjão Henriques Ms. Mafalda Matias Ms. Marta Gonçalves Mr. Jorge Morales Romania University of Bucharest, Faculty of Law Team coach: Mr. Radu Mihai Serbanescu Team members: Ms. Iuliana-Raluca Luca Ms. Irina Garlasu Ms. Maria-Madalina Popirtaru Mr. Dragos Florin Manea

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Scotland University of Edinburgh Team coach: Mr. Stephen Neff Mr. Usman Waheed Team members: Ms. Charlotte Lelong Mr. Andrew Choat Mr. Kevin Timlin Mr. David Arutiunian Serbia University of Novi Sad, Faculty of Law Team coach: Mr. Relja Radović Team members: Ms. Jelena Zelenbaba

Ms. Jelena Malešević Mr. Miloš Aleksić Mr. Stefan Radojčić

Switzerland University of St. Gallen Team coaches: Ms. Christa I. Stünzi Team members: Mr. Robin Kleiner

Ms. Isabelle Maurer

Turkey Istanbul University Team coaches: Prof. Ibrahim Kaya Team members: Mr. Yunus Ciloglu

Ms. Aysegul Sifaver Ms. Ece Ozsu Mr. Gozde Safak Emek

Wales Bangor University Team coaches: Ms. Evelyne Schmid Team members: Mr. Damian Etone Mr. Cathal Desmond William McCabe Mr. Andrew Graham Jones Mr. Adam Steven Gulliver

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THE TELDERS ORGANIZING OFFICE WOULD LIKE TO EXPRESS ITS GRATITUDE TO THE FOLLOWING ORGANISATIONS FOR SPONSORING THE TEAMS OF Austria Arbitration Austria Austrian Foreign Ministry Bkp Brauneis Klauser Prändl RA CHSH Cerha Hempel Spiegelfeld Hlawati RA DLA Piper Freshfields Galla & Herget Heid Schiefer RA KWR Karasek Wietrzyk RA Österreichische Nationalbank RA Dr. Öhlböck Saxinger, Chalupsky & Partner Willheim Müller Zöchbauer Frauenberger Belarus International University “MITSO” Federation of Trade Unions of Belarus Bulgaria Sofia University “St. Kliment Ohridski” Denmark Knud Højgaards Fond Estonia University of Tartu Law Firm Borenius Finland Roschier, Attorneys Ltd. Germany Georgia Ivane Javakhishvili Tbilisi State University Greece Onassis Foundation Italy The Scuola Galileiana di Studi Superiori

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Norway Norwegian Centre for Human Rights Romania University of Bucharest, Faculty of Law Ţuca Zbârcea & Asociaţii

Scotland The University of Edinburgh Serbia Government of the Autonomous Province of Vojvodina Bar Association of Vojvodina Turkey Istanbul University Alumni Association Yüksel Karkin Küçük Law Firm Wales Bangor Law School Bangor Law Society and individual sponsors (see Bangor Law School website)

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INTERNATIONAL BOARD OF REVIEW The International Board of Review (IBOR) was composed of a panel of international experts trained in (international) law. The task of the IBOR was to assess the written memorials of the participating teams.

Austria Prof. Ursula Kriebaum, Institut für Europarecht, Internationales

Recht und Rechtsvergleichung, Abteilung für Völkerrecht und Internationale Beziehungen, Universität Wien

Dr. Stephan Wittich, Institut für Europarecht, Internationales Recht und Rechtsvergleichung, Abteilung für Völkerrecht und Internationale Beziehungen, Universität Wien

Bulgaria Mr. Nikolay Ilchev, Sofia University Mr. Oleg Temnikov, Sofia University England Dr. Katja Samuel, Reading University

Ms. Irina Sergeeva, University College London Estonia Dr. René Värk, Associate Professor of International Law, University

of Tartu Mr. Erki Kodar, University of Tartu Finland Mr. Kristian Wohlström, University of Helsinki, Faculty of Law Ms. Katja Creutz, Doctoral Candidate, M.Soc.Sci, LL.M., Erik

Castrén Institute, University of Helsinki

France Prof. Makane M. Mbengue, Associate Professor of International Law, University of Geneva

Prof. Matteo M. Winkler, Contract Professor of International Law,

Bocconi University, Italy Georgia Ms. Mariam Vashakidze, Ivane Javakhishvili Tbilisi State University Ms. Tamar Gongadze, Ivane Javakhishvili Tbilisi State University Germany Regents Professor Mortimer Sellers, nominated by University of

Köln Esq. Laura Burrows, nominated by University of Köln Prof. Morad Eghbal, nominated by University of Köln Prof. Dr. James Maxeiner, nominated by University of Köln

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Greece Dr. Ilias Plakokefalos , nominated by the Democritus University of Thrace

Mr. Miltiadis Sarigiannidis, Assistant Professor of International Law, Democritus University of Thrace

Ireland Dr. Zeldine O’Brien, Law Library, Four Courts, Dublin Italy Prof. Andrea Gattini, University of Padua

Dott.sa. Alessandra Brunello

Latvia Mr. Maris Lejnieks, Lecturer, nominated by Riga Graduate School of

Law The Netherlands Prof. Kees Roelofsen, Utrecht University Dr. Cedric Ryngaert, Utrecht University

Dr. Machiko Kanetake, University of Amsterdam

Norway Mr. Simon O’Connor, Legal Adviser, Norwegian Red Cross Ms. Cecilie Hellestveit, LL.M., Senior Advisor, International Law

and Policy Institute (ILPI) Poland Prof. Barbara Mielnik, University of Wroclaw Romania Ms. Daniela-Anca Deteşeanu, Assistant Professor, University of

Bucharest Scotland Dr. Edward Goodwin, nominated by University of Edinburgh

Mr. Dr. Bjarni Már Magnússon, Reykjavik University

Serbia Ms. Sanja Dragić, Attorney at Law Mr. Andrej Kalmar, University of Novi Sad, Faculty of Law Switzerland Ms. Hanna Vera Bodenmann, B.A HSG Law& Economics, Certificat

de Droit Transnational Université de Genève Ms. Fabienne Streit, MA HSG International Affairs and Public

Governance, dipl. Wipad

Turkey Prof. Dr. Yucel Acer, Istanbul University Dr. Cemalettin Karadas, Istanbul University Wales Mr. Rohit Roy, Cardiff University, School of Law

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JUDGES SEMI-FINALS The Judges who participated in the International Semi-Finals are highly qualified and well-trained professionals and academics of international law. The Judges work for various international courts and tribunals, international organisations, law firms, and academic institutions. Dr. Philipp Ambach, International Criminal Court Ms. Michaella Andrianasolo, Special Tribunal for Lebanon Prof. Elisabeth Back Impallomeni, University of Padua Mr. Tewelde Bahta, University of Amsterdam Mr. Jan Bangert, Böckli Bodmer & Partner Mr. Michael Becker, Associate Legal Officer, International Court of Justice Mr. E.E. van Bemmelen van Gent, Bynkershoek Institute/The Hague University of Applied Sciences Ms. Anja Blank, Researcher, University of Helsinki Major Rieneke Buisman, Legal Advisor Ministry of Defence, Royal Netherlands Airforce Dr. Andrea Carcano, Lecturer, UNICRI, Turin Ms. Axelle Cartier, LL.M. (adv.), Excalibur Almaz Ltd., Joint Aviation Authorities – Training Organisation Ms. Barbara Concolino, Iran-United States Claims Tribunal Dr. Vincent Correia, Université Montesquieu-Bordeaux 4 Ms. Anne Coulon, Lawyer Ms. Daniëlla Dam-de Jong, PhD Candidate, Grotius Centre for International Legal Studies Ms. Elena Deliran, GMW Advocaten, Dutch Section of International Commission of Jurists Mr. M.K. Eshragh, Organisation for the Prohibition of Chemical Weapons Professor Dr. Countess Ingrid Detter de Lupis Frankopan, St. Antony’s College Oxford and Barristers’ Chambers Prof. Steven Freeland, University of Western Sydney Prof. Richard Gaskins, Brandeis University, Massachusetts, USA Prof. Andrea Gattini, University of Padova Ms. Catherine H. Gibson, Iran-United States Claims Tribunal

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Mr. Matthew Gillett, The International Criminal Tribunal for the Former Yugoslavia Dr. Suzanne Guèvremont, Researcher Ms. Catherine Harwood, PhD Candidate, Grotius Centre for International Legal Studies Ms. Esther Hauser, Bezirksgericht Zürich (District Court of Zürich) Prof. Maria del Angel Iglesias, UNIR, International University Dr. Moritz Jesse, Assistant Professor, Europa Institute, Leiden University Ms. Sun Kim, The International Criminal Tribunal for Former Yugoslavia Prof. Vladimír Kopal, Faculty of Law, West Bohemian University Pilsen Prof. Pētur Dam Leifsson, Faculty of Law, University of Iceland Prof. Liesbeth Lijnzaad, Dutch Ministry of Foreign Affairs, Maastricht University Dr. Martha Mejia-Kaiser, Co-Chair Manfred Lachs Space Law Moot Court Committee, IISL Mr. Marko Divac Öberg, The International Criminal Tribunal for the Former Yugoslavia Ms. Fraukje Panis, Lawyer at GMW Advocaten Dr. Hossein Piran, Iran-United States Claims Tribunal Mr. Joseph Powderly, Assistant Professor Grotius Centre for International Legal Studies Mr. Nicholas Procopenko, Capita Fiduciary S.A., Luxembourg Dr. Sohrab Rabiee, Iran-United States Claims Tribunal Ms. Magdalena Rząca, PhD Candidate Cardinal Stefan Wyszynski University, Associate in APT & RIGTH Attorneys-at-Law Prof. Kees Roelofsen, Utrecht University Mr. Daniel J. Russell, Legal Consultant Mr. Pubudu Sachithanandan, International Criminal Court Mr. Dan Saxon, Leiden University College Ms. Fanny Schaus, United Nations, Office of Legal Affairs/Treaty Section Dr. Doreen Scholz, Federal Ministry of Defence Germany Mr. Johan Statius Muller, Democrats Abroad-Netherlands Ms. Rafaela Steffen Goncalves da Rosa, Tilburg University Mr. Marc Steiner, Federal Administrative Court, Switzerland

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Ms. Charlotte Thijssen, SGI Aviation Ms. Anna Trocka, PhD Candidate and Lecturer at Cardinal Stefan Wyszynski University in Warsaw, Managing Partner in APT&RIGTH Attorneys-at-Law Dr. Michael Vagias, The Hague University of Applied Sciences Mr. Lazar Vrbaski, ILFC, Amsterdam Mr. Piet Willems, The Hague University of Applied Sciences Mr. William Worster, The Hague University of Applied Sciences Prof. Mia Wouters, University of Ghent, judge to the European Nuclear Energy Tribunal in Paris under the OECD's Nuclear Energy Agency, off Counsel LVP Law Mr. Ruben Zandvliet, Meijers PhD-Fellow, Leiden University Ms. Yuan Zheng, Associate Legal Officer International Court of Justice Ms. Laura Zuydgeest, Lawyer at GMW Advocaten

JUDGES OF THE FINAL ROUND

H.E. Judge Kenneth Keith (President) International Court of Justice

H.E. Judge John Dugard International Court of Justice (ad hoc ) H.E. Judge Willibrord Davids Former Chief Justice of the Dutch Supreme

Court

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JURY FOR THE BEST ORALIST AWARD The winner and runner-up of the Best Oralist Award were determined by the Judges of the Semi-Finals and the following members of the Jury: Mr. Ndiep Abunaw, Alumnus Leiden University Ms. Aiste Dumbryte, LL.M. Advanced Public International Law student, Leiden University Mr. Janos Ferencz, Law Student, The Hague University of Applied Sciences Ms. Jessica Joly He’Bert, International Criminal Court Miss Valeria Iliadou, Lawyer Ms. Pauline Malek, Strategic Advisor, Regent Ingredients Ms. S. Nivedita, LL.M. Advanced Public International Law student, Leiden University Ms. Karina Romay, LL.M. Public International Law student Leiden University Ms. Alana van Rookhuizen, Legal Assistant, SRK Rechtsbijstand Ms. Ann Marie Spiteri, LL.M. Adv. Public International Law student, Leiden University Mr. Nathan Steffen, International Criminal Court Ms. Valery Joanne Super, International Criminal Court Mr. Jacopo Terrosi, International Criminal Court Ms. Aurora Viergever, LL.M. Adv. Air & Space Law student, Leiden University Ms. Lesley-Ann Zakoor, International Criminal Court

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JUDGE ASSISTANTS The following Law Students acted as Time Keepers and Judge Assistants during the court sessions of the international Semi-Finals: Ms. Myriam Andraos, International Criminal Tribunal for the Former Yugoslavia Ms. Fatou Kine Ba, International Criminal Court Ms. Veronika Bendulova, The Hague University of Applied Sciences Ms. Rieneke Boterenbrood, The Hague University of Applied Sciences Mr. Vlad Chiruta, The Hague University of Applied Sciences Ms. Ralitsa Ivanova, The Hague University of Applied Sciences Ms. Sylvia Katrandzhieva, The Hague University of Applied Sciences Ms. Diipa Khosla, International Criminal Court Mr. Stefan Merisanu, The Hague University of Applied Sciences Ms. Antoana Nedyalkova, The Hague University of Applied Sciences Mr. Daniel Ogunbote, Nigerian Law School Ms. Raluca Popescu, The Hague University of Applied Sciences Ms. Alina Pricopi, The Hague University of Applied Sciences Ms. Liatile Putsoa, International Criminal Court Ms. Katharina Quint, The Hague University of Applied Sciences Ms. Raluca Răcăşan, Utrecht University Ms. Simona Valkova, The Hague University of Applied Sciences

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REVIEWS

LEIDEN UNIVERSITY

Winning Team of the Final Round, Winner of the Max Huber Award for Best Overall Score, and the Award for Best Oral Argumentation for the Respondent

Participating in the 2013 Telders International Law Moot Court Competition was a truly amazing experience. The preparation started early, with the application process beginning in September. Our team was comprised of four students from the LL.M. Public International Law; Amin Benaissa, Ross Galvin, Emmy Heijmans, and Triona Jacob. The team was introduced in October, and after receiving the compromis, research was soon underway. Under the supervision and guidance of our wonderful coaches Dr. Erik Koppe and Andrea Varga, we spent many hours drafting and redrafting our written submissions. In the days approaching the deadline, as the pressure built, the library became our second home. On 21st January, with the written memorials behind us, we all breathed with a sigh of relief. After a short break, warnings from previous participants came flooding back as preparation for the oral proceedings began. The first practice was a daunting experience, but with the help of our coaches we gradually improved, and were eventually deemed fit to face the guest judges. Over the next few weeks, our confidence and knowledge of the case grew. The preparation ended with a dress rehearsal before our entire class with this helping us overcome our nerves. We were finally ready for the competition. The competition began with dinner in the Peace Palace where we got to meet the other teams. Everyone was extremely friendly and there was a great atmosphere between competitors. After the first day, we were relieved to have one round behind us, but by day two we were sad that it was coming to an end. On Friday evening the results of the competition were announced in the Leiden City Hall. The suspension built as the top ten teams were counted down. As they got closer to announcing the finalists, we feared we hadn’t made it. We were ecstatic when it was eventually announced that our Respondent team came second and our Applicants would be in the final. We arrived at the Peace Palace for the big final on a beautiful sunny morning. It was an honour to plead before the respected judges in a full Academy Hall against our esteemed colleagues from the University of Helsinki. After the pleadings, the judges deliberated whilst all the participants took to the steps of the ICJ for a group photo. When the judges returned, they spoke for 15 nerve wracking minutes before finally announcing that we had won! It was a wonderful feeling to see that all the months of hard work had paid off. We were delighted to receive the Max Huber award for the Best Overall Team too as well as Best Oral Argument for the Respondent with Ross receiving the Best Individual Oralist award. It truly was a fantastic team achievement. Overall it was a fantastic experience and one that we would highly recommend to all contemplating entry. It is truly invaluable as you get practical experience, meet many students from different countries and you get to work with a wonderful group of people on your team. We all found it a privilege to work with each other throughout and will certainly cherish the memories from all those countless hours locked away together practicing. Lastly, we would like to thank our fantastic coaches, guest judges and all who helped us throughout the whole process, and the Telders Organizing Office for making it all possible.

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UNIVERSITY OF HELSINKI

Finalist Team and Winner of the Carnegie Foundation Award for Best Memorial for the Respondent

”International moot court competitions are very time consuming and it will need your full attention” was the mantra said to us all before the competition. And it turned out to be the truth. However, in the beginning we all started, as probably everyone does, exited and with high spirits and fully unaware about the upcoming year. We never expected to be the finalist team when we started the competition in October. During the autumn we met once a week and reported on our research results. Our reports weren’t always that thorough but we got to know each other and the good team spirit started to form. We divided the questions so that everyone had one submission to write for both parties. As Christmas drew closer it became evident that we actually need to start doing something real – like writing memorials. Our first deadline for memorials was the day before Christmas, which made the competition feel more concrete and exciting. In January everyone was really focused and for the last week we worked basically around the clock. Some extra stress was caused by the fact that the printing house managed to print the memorials falsely twice, however we were able to send the third print just in time. All the hard work paid off and we were satisfied with the final versions of our memorials, and even happier to be rewarded the Best Memorial Award for the Respondent. And then it was time to prepare for the orals. We did take a few weeks off to take some distance from the small chamber which had become our home in the last week before the memorial deadline. We redivided the tasks so that each member of the team dealt with two submissions from one side of the dispute. The beginning of our oral rehearsals was similar to our written phase. We got started a little slowly but towards the oral competition we stepped up and the mock judges gave us the hard time that we needed. By the time we travelled to Hague our team spirit was excellent and we didn’t even let our small 1-bedroom apartment bother us. It was nice to see that the organizing committee had done their part well and everyone was very helpful. The actual oral rounds were exciting and fun and after the first day we were confident and happy with our performance. After the second day – which we felt wasn’t quite as successful as the first one – we headed to the town hall of Leiden together with everyone else. We were very eager to hear the results. It was certainly an amazing feeling to hear that our team as a Respondent had made it to the final! The morning of the final started just like the other competition mornings, by listening to Bee Gee’s Tragedy and Shakira’s Waka Waka, among others. The final itself was a wonderful experience that we are likely to never forget. We felt that it was a good battle and we would like to congratulate Leiden once again. We are happy that we took part in Telders. It definitely taught us a lot, more than any other course at law school. It demanded a lot of work but was also a lot of fun and we made many new friends. The challenge for the competition is to maintain an even level of judges who are familiar with public international law. This is crucial for the competition to be fair for all the participants. All in all we would like to conclude that it was a great privilege to take part in this competition with such great teams. The Telders experience is certainly something that we can recommend to all law students. Sincerely, Tero Kivinen, Vesa Kyyrönen, Paavo Teittinen and Anne Hyartt Team Finland

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UTRECHT UNIVERSITY

Winner of the Carnegie Foundation Award for Best Memorial for the Applicant

Utrecht University made a great comeback at the Telders International Law Moot Court Competition of 2013. After not participating for several years, this year we had the opportunity to represent Utrecht University in the competition. We really enjoyed this wonderful experience, which was a very demanding task and certainly time consuming, but above all very educational. While we all wanted to learn from this experience, we knew, and were reminded of, the most important part of the competition: it has to be fun! And fun it was! We had a great team. While we had to be serious in our research and when practicing for our oral pleadings, we really made time for our breaks in order to relax and get to know each other. These times of laughing and relaxing made our team and our commitment to the task even stronger. But on the other hand, it was hard to get to work again after these fun breaks, and sometimes the writing of the Memorial had to wait until we could stop laughing again. Twice a week we spent the whole day in the library to do research and write the Memorials. By spending all those days in the library, researching, writing, rewriting, and doing research again, we really learned a lot. With tens of new versions of the Memorials, it improved every time. The feedback we received from the other team members, the coach Otto Spijkers and the other professors at Utrecht University was very important and helpful to improve our work. And this learning process, which took over 6 months, was really worth all the effort. We never expected or even hoped that our team would win the Award for best Memorial for the Applicant. We would have never won this award if we would not have had the great interaction and exchange of ideas and argumentation with Elise Fresen and Simona Onicel, the respondents of Utrecht University. By getting familiar with their arguments and finding a way to tackle the arguments of the respondent, we improved our memorial. Above all, this whole competition was the greatest experience of our Master Studies. Violette Moons and Svenja Kraaij

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IVANE JAVAKHISHVILI TBILISI STATE UNIVERSITY

Winner of the Best Applicant Oral Argumentation Award and Winner of the Telders Award for Outstanding Team Effort

In September 2012, the next team from Georgia was selected to participate in the Telders International Law Moot Court Competition. The Team was comprised of four students from the Tbilisi State University bachelor program in law: Nino Gotsireli and Mariam Titberidze representing arguments for the Applicant, Ketevan Shushanashvili, and Onisime Tskhomelidze representing Respondent’s position. Although most of us had experience with moot court competitions, it was the beginning of an exciting learning experience. Since all of us also had to attend regular classes and had exams in our bachelor program, drafting the memorials was a challenging and time-consuming task. After the memorials had been submitted, we started preparing for the oral rounds. The closer it got to the competition, the more exciting the preparation stage became. In the final weeks, we had team-meetings several times per week. We practiced our speeches. We wanted to be ready for questions the judges could ask us at the competition, therefore all the time we were thinking of all possible questions to ask each other. After sleepless nights, our knowledge and training had finally to be expressed before the International Court of Justice. We had to compete with perfectly prepared teams from Finland-University of Helsinki, Austria-Vienna University, Norway-University of Oslo and Germany-University of Koln. In the end, our efforts were rewarded by receiving good overall scores. We received Top 9 and 10 places in the overall Applicant and Respondent Rankings and the Awards for the Best Oral Argumentation on behalf of the Applicant the and Outstanding Team Effort. All in all, our team has learned a lot from the Telders International Law Moot Court Competition. It was great experience for us. We developed our skills, knowledge and enjoyed spending time with our future colleagues. We would like to express our most sincere gratitude to the Telders Organizing Office for making this experience possible for us and their great work capacity, judges and Leiden University for unforgettable experience. Our congratulations to the winner team and all the teams for their very good job.

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ROSS GALVIN, LEIDEN UNIVERSITY

Winner Best Oralist Award Trying to sum up my thoughts about the Telders Moot Court Competition 2013 in one page is a rather difficult task. Quite simply, it was the best experience of my Masters programme. In Leiden, the students of the LL.M programme in Public International Law apply around September for 4 spots on the team. After a round of applications and interviews, my team of Emmy Heijmans, Triona Jacob and Amin Benaissa was formed under the tutelage of Dr. Erik Koppe and Andrea Varga. We got on from the very beginning with our research beginning immediately after the case problem of the famous River Varsho was released. We researched, analysed, discussed and drafted our written memorial for the best part of 4 months. During this period, we would meet once or twice a week to discuss our progress and to debate our legal arguments. With the memorial deadline fast approaching in January, we locked ourselves in to a class room for something like 70 hours over 7 days!!! It was pretty intense, but after numerous redrafts and corrections, we finally arrived with our finished written memorials. The relief and excitement was incredible. 4 months of research had finally been condensed into one single document. We then took some time off to write our Masters thesis and enjoy some well-earned rest. We reconvened in February to begin with the oral preparation. Straight away, we were thrown in at the deep end with our coaches being meticulous about our style and presentation. The first pleading that involved questions from the bench really showed us just how much more research and knowledge was needed. We practiced on average 3 times per week. Gradually, we became competent enough to take on the guest judges, which was a nice change of pace due to the differing questions of people not so heavily entrenched in the case. We also did many video sessions so we could really tease out the little ‘uhms’ and ‘ehhh’s. Our final practice was before our entire class, which really put us on our toes, but we knew we were finally ready. The competition itself was very enjoyable. Emmy and I pleaded against Ireland and Norway in the Semi-Finals. The judges were varied from tough to kind and our opponents put up a great contest. The tension on the Friday afternoon when announcing the top 10 teams was unbearable. It had got to the final 3 on both the applicant and the respondent and neither of our teams had been called. We thought we had lost it. Until, we were called as 2nd respondent and 1st applicant. What relief. Emmy and I would plead the final round in the Peace Palace against Finland. It was one of the greatest feelings I’ve experienced. We briefly enjoyed the festivities for the night before heading home to prepare for the final. The final round was pleaded before a full house in the Academy Building before 3 esteemed judges. We pleaded our hearts out and when the judges reconvened with the result, the 15 minute speech given leading up to the announcement seemed like an eternity. I still can’t believe that they picked us. We had won. The feeling was one of pure elation. Simply incredible. We won 3 more awards, including Best Overall Team, Best Oral Argument for the Respondent, and I was fortunate enough and honoured to receive the Best Oralist Award. All of our hard work had truly paid off. I’d like to tell anyone considering entering the Telders Competition to do it if you get the chance. It was a life changing experience. I want to thank my invaluable coaches, Erik and Andrea, who without all their effort and attention to detail, none of this would have been possible. Finally, to my wonderful team mates, Emmy for your support, wisdom, friendship and happy personality, you were a pleasure to work with. Also to Triona and Amin, who were formidable opponents, pushing myself and Emmy to our max every week (evidenced by their Best Oral Argument for the Respondent Award and Triona’s 4th place finish in the Oralist Rankings). Without their

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competition, we might not have placed so highly. Lastly, to Mette, the TOO and our opponents for a truly wonderful competition, thank you for the memories. They will certainly remain for the longest of times.

IRINA GARLASU, UNIVERSITY OF BUCHAREST

Runner-up Best Oralist Award The 2013 Telders International Law Moot Court Competition has definitely been one of the most beautiful experiences I have had as a law student and it has been a great privilege for me to represent the University of Bucharest. It all started with the selection our University organized for composing the Telders team. I remember being very excited when I found out I got accepted as part of the team. Our coach and my team mates are some of the best people I have ever met. Alongside them I perfected my public speaking and English skills and also understood how important team work really is. We used to train at least twice a week and we grew to be so much more than just colleagues. We became very good friends. I was agent for the Applicant, representing the Kingdom of Battenland, and pleaded on the environmental issues. I must say I was quite fond of the subject from the very beginning. However, little did I know, I would transform this into a passion. After reading all possible articles on matters such as sustainable development or hydraulic fracturing I gained a whole new perspective on this subject. I truly believed in my cause. Needless to say, my team mates also experienced the exact same feelings. After winning the national round we started preparing intensely for The Hague international rounds which were indeed quite challenging. Our arrival in The Hague at the Welcome Dinner was very enjoyable. I was impressed by the relaxed and friendly atmosphere. We became friends with a lot of the other participants by the end of the competition. I must say one of the things I enjoyed best and which utterly impressed me was benefitting from such an incredible panel of judges. During the matches they constantly challenged us, making us push our limits and strive to overachieve ourselves. We definitely knew those minutes when we were pleading represented all the hard work we had put up with in the past six months, and so, we had to make them well worth it. When receiving the award, I remember my name was called out and I did not really know how to react. Eventually, I got up from my seat, received my diploma and my prize and when I returned to my place I really acknowledged what had just happened. It is a true honor for me to be the winner of the Runner-Up Best Oralist Award. I am glad to have been considered as such and would very much like to thank my team mates: Miss Madalina Popirtaru, Miss Raluca Luca, and Mr. Dragos Manea, our excellent judges, the Telders Organizing Office, the University of Bucharest and last but not least, our fantastic coach, Mr. Radu Serbanescu who believed so much in us and who made this all possible. Thank you! �

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PROF. STEVEN FREELAND

Winner of the Best Judge Award From 25-27 April 2013, I had the great pleasure of participating as one of the Judges of the 36th Telders International Law Moot Court Competition, the final of which was held at the Peace Palace at The Hague. This was my 9th year of judging in this Competition – though, compared to some other Judges who have gladly returned year after year, I am still a relative ‘beginner’. As always, the Telders experience this year was wonderful. This was not only due to the amazing hospitality and (usually – though not so much this year) pleasant weather that The Hague traditionally offers each year for the Competition. The Telders Competition is a highly prestigious and widely supported event. The standard of the student presentations is second to none and, as I mentioned at the time, is getting better every year as the students become ever more skilful in dealing with difficult areas of international law. I know that all of the Judges feel privileged to be involved in the Competition and to witness first-hand the great expertise, courtesy and diligence displayed by all participants. The 2013 Competition involved oral pleadings by 25 teams from Universities in 22 European countries, each arguing the legal position in a complex and interesting fictional case, The Varsho River Dispute between two fictional countries, Battenland and Alamaguay. The fact that so many Universities, and their students, are prepared to devote the very considerable time, resources and energy towards participation, clearly indicates how highly regarded the Telders tradition is throughout Europe. From the moment I arrived for the Judges’ welcome dinner on the Wednesday night, we were all treated to wonderful hospitality. This remained the case throughout the Competition. It is always a pleasure to participate in such a well-organised and friendly atmosphere – something that was clearly felt and greatly appreciated by all Judges, as well as the participating students. Nothing was too much trouble for Mette and her amazing team in the Telders Organising Office – thank you. Not only were the students from a diverse range of countries – the Judges themselves came from all parts of the world – including most of the mainland European countries, UK, Iceland, USA, Argentina, Australia and Canada. Moreover, the Judges came with a vast array of experience – they included (real) Judges, Lawyers, Industry Legal Officers, officials in various UN and IGO bodies, University academics and other professionals. All of this added further to the richness of the whole experience, not only for the students, but also for all of the Judges. It was, for example, a wonderful experience for all concerned to be involved in a moot between teams from Romania and Greece, with Judges being an Australian University Academic, a Swiss Judge (a real one!), and the Chief Legal Assistant to the President of the International Criminal Court. This mix of culture, experience and legal training contributed to very stimulating discussions both during and after the formal mooting competition. It was also interesting to see the different styles of mooting among the various teams. As someone who has largely worked and practiced in common law jurisdictions, it was particularly stimulating for me to observe the advocacy skills of students who are, in the main, educated in a civil law system. At times the moots may have seemed somewhat ‘adversarial’ in nature, but all of the students were able to adapt very well to the different procedural nuances of the Judges involved. Despite some differences in approach, it was wonderful to see how seamlessly students and Judges alike from differing legal systems could find a commonality of legal language, logic, argumentation and, above all, communication in a court-like situation. Such is the magic of international law!

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Indeed, this is increasingly necessary and appropriate in the context of the growing number of international legal tribunals, which comprise Judges from all legal systems of the world and whose rules of evidence and procedure represent an ‘amalgam’ of different concepts from each system. The expertise that the students develop in preparing for, and participating in, the Competition augurs well for the ongoing development of an international legal bar, as well as for the next generation of international Judges. In this regard, international moots such as the Telders Competition, particularly where the students are exposed to Judges and other teams from a variety of legal systems and jurisdictions, provide budding international lawyers with excellent training and experience that will be essential for them to deal with the inevitable legal challenges of the 21st Century. The Competition is a wonderful way to educate young lawyers to work effectively in a globalising legal environment and to cope with the convergence of legal principles. The performance of all the teams was exemplary, particularly when one realises that, for many of them, the language of the Competition (English) is not their first language. Not only did this not seem to present any significant problems, but it was obvious that the students had been very well trained by their respective Faculty Advisors to properly address the sometimes demanding rules of court etiquette, some of which might be quite different from those that exist in their home jurisdiction. It was also an honour for the students to have such a distinguished panel of Judges for the final of the Competition – Judge Keith (permanent Judge of the International Court of Justice), Judge Dugard (ad hoc Judge of the International Court of Justice), and Judge Davids (former Chief Justice at the Dutch Supreme Court), and for the final of the Competition to be held at the grounds of the Peace Palace. The presence and active contribution of these esteemed Judges added greatly to the prestige of the occasion and provided a further opportunity for the students to learn from the whole experience. Another outstanding feature of the Competition was the spirit in which it was conducted. There have been occasions in other mooting competitions where the urge to ‘win’ has sometimes been overwhelming. The Telders Competition is different – naturally every team was determined to give its best, but it was apparent that the most important aspect of the Competition for the students was that they had the honour of playing a part in this most prestigious event. Every team was extremely gracious and accepted the sometimes difficult questions asked of them by the Judges in a good spirit and with due respect, and it appeared that many new cross-jurisdictional friendships were forged among the competitors. Of course, outside of the formal moots, the various social events associated with the Competition were interesting and allowed everyone involved to exchange views, discuss the finer points of law, learn about each other’s countries and just have some fun!

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I know that I speak for all of the Judges in saying that it was a great honour and pleasure to be involved in this Competition. I am sure that each of the Judges would be delighted to be involved again in the future. May I take this opportunity, on behalf of the Judges, to wish all of the participating students every success in their future studies and careers, and to thank the Telders Supervisory Board, the sponsors of the Competition, all of those people in the Telders Organizing Office and everyone else associated with this wonderful event. Steven Freeland Professor of International Law, University of Western Sydney, Australia Marie Curie Visiting Professor, iCourts Centre of Excellence for International Courts, University of Copenhagen, Denmark

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AWARDS

The teams and individual students competing in the Competition may win several awards. The teams advancing to the Finals are those with the highest total score - the score for the memorials and for the pleadings - for the Applicant State, on the one hand, and for the Respondent State, on the other hand. The winning team takes the Telders Trophy back home. The President of the Final Bench, H.E. Judge Keith, presented the Telders Trophy to the winning team of the Final Round of the Telders Competition 2013. The Embassy of Switzerland in The Hague sponsors the Max Huber Award for the Highest Overall Score. The highest overall score is awarded to the team who has the highest score of both the Applicant and Respondent sides. The Max Huber Award 2013 was presented by Mr. Jan Skalski, Legal Advisor of the Swiss Embassy in The Hague The Carnegie Foundation Awards are presented to the teams which have written the Best Memorial for the Applicant and the Best Memorial for the Respondent. The Awards were presented by Ms. Ingrid Kost, representative of the Carnegie Foundation. The Awards for the Best Oral Argumentation on behalf of the Applicant and on behalf of the Respondent were presented by the Case Authors, Ms. Yuan Zheng and Mr. Michael Becker, Associate Legal Officers at the International Court of Justice. One student is named the Best Oralist, an award for the best presentation of the oral pleadings. The Jury of the Best Oralist also nominates a runner-up. Both Best Oralist Awards were presented by the president of the Jury, Ms. S Nivedita who is an Advanced LL.M. student at Leiden University. The Telders Award for Outstanding Team Effort was presented by presented by Mr. Franke Eleveld, Chairman of the Prof. Mr B.M. Telders Society for International Law. This Award was initiated by the cooperation between the Telders Organizing Office and the Telders Society and awarded the first time in 2006. The Best Judge Award was spontaneously created by students in 2003 to the best Judge of the Semi-Finals. The Best Judge Award 2013 was presented by student representative Ms. Sarah Friedrich.

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AWARDS AND WINNERS OF THE TELDERS COMPETITION 2013

Winner of the Final Round LEIDEN UNIVERSITY

Finalist Team

UNIVERSITY OF HELSINKI

The Max Huber Award for Best Overall Score LEIDEN UNIVERSITY

The Carnegie Foundation Award for Best Memorial for the Applicant

UTRECHT UNIVERSITY

The Carnegie Foundation Award for Best Memorial for the Respondent UNIVERSITY OF HELSINKI

The Award for the Best Oral Argumentation for the Applicant

IVANE JAVAKHISHVILI TBILISI STATE UNIVERSITY

The Award for the Best Oral Argumentation for the Respondent LEIDEN UNIVERSITY

The Best Oralist Award

MR. ROSS GALVIN, LEIDEN UNIVERSITY

The Runner-Up Best Oralist Award MS. IRINA GARLASU, UNIVERSITY OF BUCHAREST

The Telders Award for Outstanding Team Effort IVANE JAVAKHISHVILI TBILISI STATE UNIVERSITY

Best Judge Award PROF. STEVEN FREELAND

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Page 24: of the 36th Edion of the Telders Internaonal Law Moot ...teldersmoot.com/wp-content/uploads/2015/12/REVIEW-REPORT-2013.… · of the 36th Edion of the Telders Internaonal Law Moot

Acknowledgements The 36th Edition of the Telders International Law Moot Court Competition would not have been possible without the kind support and assistance of the following sponsors:

Van Vollenhoven Foundation