U.S.(Thomas) v.
Ecuador 
U.S.(Thomas) v.
Ecuador We will be using the scenario created by J. Martin Rochester called the Great Tuna Boat Chase and Massacre. We will be using this case in the usual format used for international mock trials before the International Court of Justice in PLS 317 at Bradley. Only some of the information/rules from the original author will be used.
The arguments are to be presented by the parties before the International Court of Justice on May 2. At that time, the Court will be asked to decide whether the merits of the U.S. claim on behalf of Thomas in the U.S. (Thomas) v. Ecuador case should be upheld or denied. On the basis of the arguments presented to the Court by the applicant and the respondent, and in accordance with the basic canons of international law, the Court will deliver its opinion in the case on May 4.
Tasks And Organization
Counsel for the United States
The task of the Counsel for United States will be to build their case for the desired decisions and awards from the ICJ. You are asking the ICJ to decide and declare that Ecuador violated several international laws. The court should thus grant your desired actions: release of the crew, reparations for property loss and personal injury, and restitution for improper confinement. To support your cases you must precisely lay out what Ecuadorian actions constitute violates of what specific international laws.
Layout out to the court what the existing applicable law and legal obligations and demonstrate how the desired declarations flow from these laws. You can strengthen your case by anticipating the counter-arguments from Ecuador.
The team will elect a chief counsel who has primary responsibility for organizing the team and has primary responsibility for the final copy of the written brief. The team will organize itself and distribute the work load equitably among the group and the responsibilities communicated to the instructor.
Counsel for Ecuador
The job of the Counsel for Ecuador is to build their case for the desired declarations from the ICJ, namely that it actions in the sinking and or capture of the tuna fleet, incarceration of individuals, and confiscations of property were all consistent with applicable international law.
Layout out to the court what the existing applicable law and legal obligations and demonstrate how the desired declarations flow from these laws. You can strengthen your case by anticipating the counter-arguments from United States.
The team will elect a chief Counsel for Ecuador who has primary responsibility for organizing the team and has primary responsibility for the final copy of the written brief. The team will organize itself and distribute the work load equitably among the group and the responsibilities communicated to the instructor. The team must pay careful attention to the ICJ rules.
International Court of Justice
The judges of ICJ's Chamber must render a decision in this case. You need to respond to the requested declarations, but you may also issue additional orders and/or declarations in your judgment. Do not assume that the two parties to the case have identified all applicable or, or have interpreted in properly.
Read the general directions carefully. Your fist required act is to settle on hearing procedures which will be announced on April 27.
After considering the memorials the two groups, judges of the ICJ Chamber will conduct a hearing on May 2. Using ICJ rules as much as possible, the hearing should provide for each side to present its major points, respond to the other side, and answer questions from the court. You will get the best response to your questions if they are presented to the teams a few days prior to the formal hearing, this is especially true for topics not covered in the memorials .
After the formal hearing the judges of the ICJ must meet and arrive at a majority decision. This carefully substantiated decision (along with any dissenting opinions) will be presented in class on May 2. Plan on absolutely no more than 20 minutes for a presentation. The written decision, in both paper and electronic form, is due on May 5
The court will elect a chief judge who shall preside over all meetings/hearings and ensure court members carry out their functions. Primary responsibility for guiding the court to the proper decision.
The chamber will organize itself always mindful of the ICJ rules. Some of the tasks the must be completed include: developing the rules for the hearing, researching the appropriate laws, communication with other parties, drafting opinions, and documents, chairing the hearing, questioning the participants during the hearing, etc. Work load will be equitably distributed among the group and the responsibilities communicated to the instructor.
The Situation
Additional Links
Case Generated Documents
Court Instructions to Counsel and Hearing Rules Court Questions
Return to PLS 317 Home Page
Larry Aspin aspin at bradley.edu
Dept of Political Science
Bradley University