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Jessup 2014: The Case Concerning the Malachi Gap


by Joe Terrenzio Jessup Competition Director 20


the globe. Nowhere else are students able to challenge themselves against their peers from half the countries in the world with the chance to ultimately argue in front of judges from the International Court of Justice. This year’s Case Concerning the Malachi Gap addressed the con- flict between maritime development and the environment, salvage of underwater cultural heritage, and extraterritorial criminal jurisdiction on the high seas. The 2014 Competition was a huge success, with one of the largest and most diverse groups of participants ever.


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The unifying theme of the 2014 Competition was the high seas. The first question considered States’ rights in the seabed and water column, the legal and practical challenges that come hand in hand with maritime development, and the po- tentially devastating environmental consequenc- es development can cause. The second question considered the important role cultural heritage maintains in the identities of States. Particularly with artifacts lost at sea, the conflicts between salvors, finder States, and States with cultural connections to lost artifacts can be difficult to navigate.


The final two questions considered potentially criminal actions where either no State or mul- tiple States seemingly have claims to jurisdiction and the enforcement of that jurisdiction through arrest and prosecution. Especially on the high


fter 55 years, the Philip C. Jessup In- ternational Law Moot Court Competi- tion continues to provide unequalled opportunities for students around


seas, these questions remain unclear even with multiple treaties attempting to set out the legal framework. As ever expanding technological ad- vances allow further exploration and exploitation of resources at sea and as global commerce con- tinues to increase traffic on the high seas, these issues will only become more important for the next generation of lawyers.


Qualifying Rounds


A record 623 teams in 89 jurisdictions registered for the 2014 Competition. Qualifying Competi- tions were held in a record 65 jurisdictions around the world, and 114 Participating Teams from 83 countries competed for the chance to raise the Jessup Cup, with an additional ten teams pres- ent as Exhibition Teams.


The 2014 Competition saw the first ever Qualify- ing Rounds in Jamaica, Iran, and Estonia. It also saw the largest Qualifying Round in Thailand, the first Japanese Qualifying Round conducted in English, and the first ever participating team from Bhutan. I hope these new students enjoyed the competition and will return again next year. ILSA was pleased to have them and hopes to continue expanding in these and other areas.


ILSA thanks those who worked to build and sup- port the new teams and competitions from the ground up. These achievements would not be possible without dedicated volunteers. I hope that these competitions continue to develop in the years to come for the benefit of the entire Jessup community.


ILSA Quarterly » volume 22 » issue 4 » May 2014


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