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Eco, Social and Legal Justice

Defending the Guilty Quote and IHL

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I’m writing an essay for Legal Ethics on the ethical obligations of lawyers when their client admits to them their guilt. In the process of my research I came across this fantastic quote from Babara Babcock back in 1983.

From lawyers of impeccable professional integrity to those with whom we might be embarrassed to share a profession, all reiterate that innocence or guilt is of no real concern in their daily work. In their trial stories, they usually say nothing at all about the subject. On the general issue, they say it is far easier to defend the guilty because the defense lawyer always wins. If the defendant is acquitted, the lawyer has worked a minor miracle; if convicted, the correct result was reached. Most defense lawyers have reached a state of reasonable doubt in their own minds by the time of trial. Those rare trials of a defendant whom the lawyer truly believes to be innocent, as compared to one about whom she has a reasonable doubt, are grueling and frightening experiences, in which the usual will to win is elevated to a desperate desire to succeed.

I don’t think I have what it takes to be a criminal defense lawyer, yet I’m really hoping to do work in international humanitarian law at the Special Court for Sierra Leone for example. Why do I find it intuitively easier to think about defending alleged war criminals than I do domestic criminals? Maybe it’s because it’s not likely that an acquittal means they’ll be off committing war crimes again? Maybe I’m less inclined to trust post-conflict justice without a thorough defence? I haven’t thought it through so I’m not quite sure.

It’s an interesting question - is “International Legal Ethics” different from domestic legal ethics? I’d be interested in reading about that.

Popularity: 12% [?]

Why do the ELSA WTO Moot?

Me Working on WTO MootAs you may have already known, my moot team recently came back from Adelaide after competing in the South East Asia Pacific round of the ELSA WTO Moot. Since last November we have been working extremely hard on our submissions. Many late nights were spent in the library, many bad dinners were eaten, some of the team even welcomed in the new year from the fifth floor of the law building. Even after our writtens were handed in we continued to practice our oral submissions and refine our arguments.

At Adelaide we enjoyed the Oaks Plaza in Glen Elg and all its beautiful facilities, in between further work on our oral submissions - some hastily printed out at the last moment. Ultimately though we narrowly missed out on moving through to the next round. We came away with best written submissions for the complainant, respondent and overall. We also went into the Grand Final ranked first, but in the end the team from Wellington went away with the victory.

So why work for over three months straight, holed up in the library with three other self-confessed ‘law nerdlings’ on very technical, non-sexy WTO trade law - apart from a uni-paid for trip to beautiful Glen Elg?

Learning the Law
Well, it teaches you the law. After completing the ELSA WTO Moot my knowledge of WTO trade law has exponentially improved. Not only the narrow area of telecommunication covered by the problem, but even a more general understanding of WTO dispute settlement and overarching concepts such as national treatment, market access and ‘likeness’. While some of the team never want to see a WTO dispute again, I’m excited at what I’ll be able to do with this knowledge in the future.

Learning Skills
Taking part in the Moot will hone your writing, presentation and administration skills. I learnt quite a bit about working in a team, cutting down on a word count, ‘dinner diplomacy’, cutting out excess words, oral presentation, cutting words, and general research/organisational skills. Not to mention putting all this in the context of an extremely tight deadline!

Experiencing the Law
Apart from straight-up learning, the Moot also made me feel a little bit of what it would be like to actually be working in WTO law. Having to know the facts intimately, and how the legal issues would play out, really made me feel personally invested in how things were going. Debating with the team as we disagreed about particular arguments we were running added to this realism.

Meeting the Team
One of the absolute best things about doing the Moot for me was spending time with ‘Odawg’, ‘Jrae’ and ‘Email Elimy’. We had an insane time preparing our submissions and an awesome time in Adelaide. I don’t know if I’d see the Moot as quite as worth it as I do now if it wasn’t for the great atmosphere the team had. Not to mention getting to know our great coaches Andrew and Tania, who went far beyond the call of duty in helping us out.

Meeting People
Finally, the Moot gave me an awesome opportunity to meet some really interesting people. Eminent trade lawyers, academic experts, barristers and WTO appellate body staff - I was amazed at the range of people I met, all of whom were willing and open to share how they got to where they were.

So all in all I would highly recommend you take part in the WTO Moot if you get the opportunity. Especially if you know some crazy cats that you’ll be doing it with! Even if you don’t get to Geneva you’ll have a smashing time and if worse comes to worse, as much as I hate the phrase, “it does look good on your resume”. So maybe, Jessup here I come?

Popularity: 12% [?]

Advice I wish I was told in First Year University

It’s February and uni is about to being. After being disappointed or elated by your VCE ENTER results, the reality is probably now only sinking in.

I’m now in my 5th year of an Arts/Law degree at Melbourne University and looking back there are some things that I wish someone had told me when I was just starting out. So what follows are Seven Tips for First Years. They are probably most relevant for Arts students, which I guess includes all the new Melbourne Modellers, but are also applicable for any broad undergraduate degree, and some are just about uni life generally.

Read the rest of this entry »

Popularity: 22% [?]

WTO Law Moot - Break from blogging

Fantastic news! I was recently accepted into the University of Melbourne 2008 WTO Moot Court team! What that means is that we’ve been given a hypothetical problem based around GATS and international trade law and we’ve got to do some written and oral submissions in January and March respectively.

What is also means is that for the next few weeks blogging is not the highest priority so expect less long posts and probably the same amount of miniposts. I’m throwing around some ideas about a post on WTO law so we’ll see what happens.

In the meantime I’ll leave you with a quote I found a few days ago which I found very inspiring:

The law perverted! And along with it all the collective forces of the nation! The law, I say, not only turned aside from its proper end, but made to pursue a directly contrary end! The law become the instrument, instead of the restrainer, of all kinds of cupidity! The law itself perpetrating the very iniquity that it is its function to punish! Certainly, if this is so, it is a serious matter, to which I should be allowed to call the attention of my fellow citizens. (Frédéric Bastiat, 1848)

(ps. If you’d like to write a guest post just email me)

Popularity: 22% [?]

Starbucks Challenge: Ringwood, Eastland

Following my more negative Starbucks post I’m happy to report back from my recent attempt to purchase Fairtrade at Starbucks. My wife and I were shopping in Eastland (in Ringwood which is an outer-east suburb) and decided to try our luck at Starbucks - we had just enough on the giftcard they gave us to get one coffee.

And what a pleasant surprise! The staff actually seemed to know what blend of their coffee was Fairtrade, they were actually nice about getting it for me, didn’t fill the cup to the absolute brim like the last time. It was actually enjoyable to order and receive the coffee - unlike my experience at the corner of Swanson and Burke where they basically shouted me down and threw a cup of coffee at me (after me having to explain that their Fairtrade coffee was in fact brewing right behind them).

Of course the actual coffee wasn’t anything special - it was drip filtered, so no latté or mocha or anything. But I was happy enough with the service to fill in a customer suggestion form.

Let us know if you have any reports back, and don’t forget to fill in the suggestion form when you do go!

Popularity: 11% [?]

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