Masters Research Questions and Legal Writing

slide1. Masters Research Questions and Legal Writing Cecilia M. Bailliet<br>
slide2. Doctrinal Research and Normative analysis: Examine and Explain Critical reasoning based around autoritative texts.

Law as a closed system composed of two primary sources: Legislation/treaties and cases

Legal science answers the question what ought to be?
Should the death penalty be imposed?
When is war justified?
Should we allow positive discrimination?

Research Question should begin with «Whether» not «How»<br>
slide3. Lex Lata: The Law as it is Look at normative clarity v. vagueness, gaps, inconsistencies within legislation/treaties/cases

Identify counter-arguments to holdings and dicta in cases, comparative law, or academic articles.<br>
slide4. De Lege Ferenda: What the Law should be Emerging law- soft law seeks to evolve into customary international law in human rights, as developed by opinio juris, not state practice- NGOs bring cases to international and national courts, committees, forums to promote «crystallization» of a norm.

Careful- emerging law is not hard law!
State clearly whether your paper will address lex lata or de lege ferenda.<br>
slide5. Identify an Issue Academic articles in journals, WESTLAW Classic (World Journals)/Hein Online/SSRN/Google Scholar databases, and books- Conduct a literature review!

Map out the state of academic debate- What is missing, what question should be answered next? What are the gaps?

Media reports/ Financial Times, New York Times, Wall Street Journal, Le Monde, Le Figaro, El Pais, The Economist, The Independent, Foreign Affairs, Foreign Policy- Identify Contradictory Narratives!
Academic Blogs-Blogs: EJIL Talk! ASIL, International Law Reporter, IntlLawGrrls, Opinio Juris, Lawfare, TWAILR, Volkerrechtsblog, JustSecurity
Think tanks e.g. the South Centre, CSIS<br>
slide7. Finding issues Theory development-”democratization”, ”fragmentation of international law”, etc. Relation between international system and national system
Output of International institutions- UNCT Office, OHCHR, UNHCR, WTO, WHO, AU, OAS, EU, Shanghai Cooperation, Asian Development Bank, OIC-Check Websites, press releases, policy papers
New law-soft law development- right to a healthy environment or treaties, right to development
New Cases
Discussions with professors<br>
slide8. Classic Approaches to International Law applied to new issues Haataja, Samuli. "Cyber Operations and Collective Countermeasures under International Law." Journal of Conflict and Security Law 25.1 (2020): 33-51.
Mayer, Benoit. "Climate assessment as an emerging obligation under customary international law." International & Comparative Law Quarterly 68.2 (2019): 271-308.
Matusiak-Frącczak, Magdalena. "Terrorism Exception to State Immunity: An Emerging Customary Norm of International Law?." Sovereign Immunity Under Pressure. Springer, Cham, 2022. 297-334.
Moynihan, Harriet. "The application of international law to state cyberattacks: Sovereignty and non-intervention." (2019).
Shrinkhal, Rashwet. "“Indigenous sovereignty” and right to self-determination in international law: a critical appraisal." AlterNative: An International Journal of Indigenous Peoples 17.1 (2021): 71-82.
Dobson, Natalie L. Extraterritoriality and Climate Change Jurisdiction: Exploring EU Climate Protection Under International Law. Bloomsbury Publishing, 2021.
Buchan, Russell, and Nicholas Tsagourias. "Hacking international organizations: The role of privileges, immunities, good faith and the principle of State sovereignty." International Review of the Red Cross (2022): 1-28.<br>
slide9. Originality Develop new method
Conduct new empirical research- cases, statistical data, etc.
Be cross-disciplinary- Law & IR, Law & Anthropology, Law & Economics
Address a new jurisdiction
Provide new interpretation for material
Examine unexplored area
Show linkages, gaps, conflict between different regimes<br>
slide11. International investment law in support of the right to development? Ole Kristian Fauchald Leiden Journal of International Law (2021), 34, pp. 181–201 The article explores how international investment law, understood as international investment agreements (IIAs) and their associated dispute settlement mechanisms, can support the right to development. It does so by analysing how rules regarding protection and flow of foreign direct investment have and can contribute to realizing the right to development and help achieve sustainable development goals.<br>
slide12. A Sea of Trade and Sea of Fish: Piracy and Protecgtion in the Western Indian Ocean, Jatin Dua, Journal of East African Studies (2013) The first part locates the development of a «sea of trade» and the centrality of economies of protection within this maritime world. The second part of the argument emphasizes a «sea of fish» and the development of a licensing and rent-seeking regime off the coast of Somalia, from the 1970’s onwards. The emergence of maritime piracy is located within these shifting currents and visions of the sea.<br>
slide13. Sources Primary Sources:

Jurisprudence (cases) from International Committees, Tribunals, regional courts, national courts (Comparative study is possible- cross regimes)
Treaties, legislation

Secondary Sources:

Travaux preparatoires, commentaries
Academic articles in journals and books, legal encyclopedias and dictionaries
Output of UN rapporteurs, Working Groups, Committees- check their websites
NGO reports (do not write like an NGO!!!!)
Consult Hein Online/Westlaw/SSRN/Google Scholar databases<br>
slide15. Comparative Legal Research Cross Jurisdictions to compare laws of different legal systems- explain what the law is and suggest future legal development.
Common v. civil law
Sharia law v. civil law
EU Law v. WTO Law
UN Committee on Economic, Social and Cultural Rights v. UN Human Rights Commitee- comparison of views addressing women’s rights
Inter American Court of Human Rights v. European Court of Human Rights cases involving displaced persons
Compare 2 or more different national or international systems<br>
slide16. Non-doctrinal research Use empirical data, qualitative or quantitative data to answer a research question regarding a problem which may be policy or law reform based
Inter-disciplinary research used to show how the law works in the real world- legal analysis, statistical inference, economic modelling
Address influence or interaction of other systems (economics, politics, etc.) with law<br>
slide17. Method Legal or Multidisciplinary?
Qualitative or quantitative?
Comparative?
Documentary analysis- Treaties, leg.
Observation

Case studies

Interviews- Judges, lawyers, NGOs, victims

Apply to The Norwegian National Research Ethics Committees<br>
slide18. Cryer A. Natural Law
B. Legal Positivism
C. Modern Approaches
Liberalism
Cosmopolitanism
Constitutionalism
New Governance
Idealist
D. Critical Approaches
Marxism
Feminism
Queer Theory
Postcolonial Theory, TWAIL
Critical Theory
G. Law and International Relations
Liberalism, Realism, Constructivism
H. Law and Economics
I. Law and Sociology
J. Law and History
K. Law and Geography
L. Law and Literature<br>
slide19. Critical ReadingMonash University Guidehttps://www.monash.edu/learnhq/write-like-a-pro/annotated-assessment-samples/law/law-legal-essay Questioning the content helps analyse the evidence and reasoning in the text:
What is the main point or argument?
Does the text connect to a specific agenda or themes beyond it (e.g. a broader debate, issue or a political viewpoint)?
What explanations or supporting evidence are drawn on? Do they seem adequate and completely relevant?
Is all the factual information correct as far as you know?
Is there any evidence of deliberate bias?
Does any idea/information interest, confuse or intrigue you?<br>
slide20. Critical ReadingMonash University Guide Questioning the author will help you analyse how the author’s perspective influences the text 
What is the author's main theme or point?
What assumptions is the author making in the text? Is the author assuming anything that is not mentioned in the text?
What points does the author focus on and why? Are any important points omitted?
Is there a particular philosophy that influences the author’s view?
What theoretical perspective has the author taken (e.g. which other writers do they cite most often or most approvingly)?
Are there any additional clues about the author's attitude or stance (e.g. have a look at their position/qualifications, country of origin, the text's date of publication or publisher, the type of text and consider if any of this detail explains their stance or view)?<br>
slide21. Using sources in researchMonash University You may use a primary or secondary resource to:
to support your argument with evidence
to demonstrate a range of issues and opinions
Identify gaps in literature
Discuss arguments and counter-arguments

How does this source contribute to my argument?
Do I agree or disagree with the author’s argument?<br>
slide22. BrainstormingMonash University On 13 September 2007 the General Assembly of the United Nations adopted the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Critically evaluate the capacity of the UNDRIP to promote the interests of Indigenous peoples in South America.<br>
slide23. BrainstormingMonash University Who was involved in drafting the UNDRIP?
Why did they create it? What were they hoping to achieve?
Which South American countries or groups of indigenous peoples should I focus on?
What are their 'interests'? What are some of the main challenges that they face?
What does the text of the UNDRIP say?
Which parts of it might help indigenous groups to promote their own interests? Why and how?
What flaws or weaknesses does the document have?<br>
slide24. Mindmapping Research design<br>
slide25. Research Design Descriptive- explain law as it is (physics, social sciences)
Explanatory- explain why the law is like this (cause and effect) (Physics, social sciences)
Interpretation (Literary and Cultural Sciences)
Exploratory- identify preliminary information to define a problem and suggest a hypothesis
Prescriptive voice- Law- consider arguments about a rule and its consequences- legal system offers framework to decide whether an argument should be adopted (Law calls for accountability for ICL violations, and gender participation in peace negotiations- dilemmas with amnesties and peace)<br>
slide26. Research Question Should be analytical, not descriptive.
Identify the direction, content, and scope or limiting words.
For example, “Critically analyse the extent to which SC Resolution 2493 strengthens the right of women to participate in peace processes.”
Direction Words: Critically analyse.
Content Words: SC Resolution 2493; women’s right to participate in peace processes
Scope/Limiting Words: the extent to which, protect.
You should be able to state your RQ in one sentence.<br>
slide27. IRAC Problem solving Identify the legal issues in the fact scenario i.e. what laws may have been breached, who is potentially liable and for what offence
Identify and explain the law/rules that apply to those legal issues you’ve identified, including case law and/or legislation
Apply the law to the facts in the scenario
Provide a conclusion on each legal issue.<br>
slide28. Make an Outline! Introduction in which you give some background of the problem and a clear statement of your Research Question and roadmap for the paper
Status quo -- what is the existing law and why is it a problem
Critical Analysis of criteria to answer RQ, Here you may have sub-headings for each criteria. There should be a red thread connecting the criteria of analysis to the RQ and following the roadmap. Critique holdings of cases, discuss secondary literature
Conclusion- can propose reforms<br>
slide29. Outline I. Introduction- thesis statement- the argument to be proven WHAT IS THE POINT, which issues will you discuss, what will you not discuss. Show that the topic is important. Identify Research Question. Give roadmap.
2. Background- History, definitions, legal concepts, criteria for analysis, context, broader application
3., 4. & 5. Analysis Body. Use section titles. Place concluding sentences or paragraphs at the end of each chapter creating a red thread discussion and leading to the next section
6. Conclusion- Respond to thesis statement, referring back to key findings in the body. Suggest reform, new law, further research, etc.

Both the Introduction and Conclusion are very important to committees- they are the first and last impressions and guide the reader as to the purpose of the thesis.<br>
slide30. Use the Navigation Pane on Word The Navigation pane in Word lets you quickly search or navigate through your document.
To show the Navigation pane in Word, click the “View” tab in the Ribbon.
For all document views other than “Read Mode,” then check the “Navigation Pane” checkbox in the “Show” button group.
If using “Read Mode,” then select the “Navigation Pane” choice from the “View” tab’s drop-down menu, instead.
By default, the Navigation pane appears at the left side of the application window.<br>
slide32. Narrative Roadmap in the IntroductionUniversity of Indiana Library Guide "The section that follows [this introduction] sets the stage by recounting two scenarios from the Indiana University Robert H. McKinney School of Law, with discussion of the knowledge and implementation of accessibility features in online instructional materials. The next section provides an overview of various impairments and their effects on a user's experience of the online environment. Next is a review of the laws relevant to accessibility with attention to their potential application to online instruction, along with standards used to guide accessibility compliance. The article then explores the concept of universal design and its guiding principles, followed by a discussion of how to use the universal design principles to organize and better understand accessibility standards and practices. The final section briefly summarizes the discussion and encourages law librarians and professors to become knowledgeable and skilled in universal design for online materials to benefit all their students."<br>
slide33. Construct an Argument “A Masters candidate is supposed to be constructing an argument. That requires that things be done in the right order (which is determined by the subject of the thesis) and the avoidance of detours and repetitions. The identification of arguments and their coherent development are the key characteristics of a work worthy of a Masters.”<br>
slide34. Topic: Legitimacy of International Human Rights Committee/Court output Critique the analysis in the view or decision
Interpret the decision- is it expanding or narrowing the scope of the right?
Is there an ideological bias within the analysis?
Process- Examine the use of evidence, expert opinion
Process- Does the victim or witness receive sufficient opportunity to make statements?
Does the decision support the objective behind the establishment of the Court? Does the decision resolve the problem?<br>
slide35. Topic: Effectiveness of International or Domestic Enforcement Mechanisms Measure state compliance with views, decisions, and judgments, effect of judgment (for example, did rate of rape/murder decline after high profile prosecutions?)
Statistics, What type of decisions are enforced: orders for monetary compensation? Prosecution and incarceration of those responsible for violations? Issuance of public apology? Construction of a memorial? Provision of psychological and medical support to victims or their families?<br>
slide36. Good Writing Clarity
Lucidity
Organization
Analysis- Use a rational tone (you are not an NGO, journalist)
Be concrete in expression, not abstract or convoluted
Enlightenment- explain through simple language and argument
Find your voice, use your own style, know yourself, apply your strengths, reduce your weaknesses
Rewrite, rewrite, rewrite- cut, cut, cut<br>
slide37. Google Translate & Plagiarism Always footnote your source when using Google Translate.
Failure to cite the source will be considered plagiarism
We will translate back your sections and locate the original source<br>
slide38. Good Writing Do not be descriptive, do not write a survey, use analysis. You may conduct survey or overview of cases in the beginning to gain comprehension of the arena, but you then need to process the data in order to arrive at conclusions.
Do not write about too many issues. Limit the discussion to one main issue- three criteria, elements, or arguments illuminating this issue. You can mention further sub- issues in footnotes. Use concept mapping.<br>
slide39. Check Conduct solid research-(primary sources first- cases, treaties- make your own analysis first, then read articles) books, articles, legislation, treatises, legislative history, commentaries, internet, interviews. Check sources, identify bias. Depth and breadth
Write complete footnote, do not wait until later to fill in.
Avoid cut and paste, avoid patchwork paraphrasing, take critical notes to develop your own voice
You should have Flow in your paper, ensure transition between sections<br>
slide40. Use narrative or parenthetical citation when summarizing a source:https://academicguides.waldenu.edu/writingcenter/evidence/citations/summaries Universities are continually looking at ways to better support international student populations, and so student support has become a focus for many researchers. Song and Petracchi (2015) studied international students in higher education, specifically focusing on how to best support international students in social work programs. International students often have difficulties due to a lack of financial, emotional, and social support (Song & Petracchi, 2015). Social work students have better outcomes when they were paired in a mentor–mentee relationship with a retired social worker (Song & Petracchi, 2015). Song and Petrachi’s survey results from 31 participants showed that the international social work students were overwhelmingly interested in participating in a mentor–mentee relationship, and thus such a program is recommended.<br>
slide41. Practice Writing Short Case Summaries
Book Reviews
Blogs
Shorter articles in journals, newspapers
There is no such thing as: «I am in my reading period.» You should always be writing. Take notes while you read, keep an academic journal, keep pen next to your bed or write on your phone notepad
Read in English: The Economist, academic journals, Use active voice, not passive voice, clear language
Writer’s Block- read an article-this will prompt thought processes. There is always a dialogue between the author and the reader! A new «conversation» may spark ideas!<br>
slide43. Introduction (definition) The field of human rights addresses the protection of the individual from repression by the state. (thesis statement) Although the international human rights system has emancipated many vulnerable persons and groups, there is a need to examine whether it would be beneficial to pursue improved enforcement mechanisms at the national level. (issues/criteria) Specifically, this study will evaluate the rates of reform of national legislation, payment of compensation to victims, and national prosecution of offenders. (road map)<br>
slide44. Body Lead sentence should introduce the topic-main idea of chapter supporting the thesis (focus on one issue)
Second sentence should clarify or define terms
Discussion should support thesis statement or refute claim
Conclusion sentence resolving discussion in each chapter
Have balance in discussion of issues
Transition sentence from one section to another<br>
slide45. Sentences Topic sentence: Access to legal aid is of fundamental importance to refugees.
Clarification sentence: Lawyers assist refugees in formulating their claims, presenting supporting evidence, and refuting contrary findings presented by the state.
Supporting sentence: According to a report by the Lawyer’s Committee for Human Rights, 75% of asylum seekers who received legal aid were able to suspend their deportation while their claim was on appeal.<br>
slide46. Cases & Quotations Refer to context of case, if the case is important.
Place supporting cases in footnotes. Make sure you are updated as to the latest cases.
Quotations belong at the beginning of sections, not the end
Keep quotations short<br>
slide47. Proof Read!!!!!!! English: Subject, verb, object.
Avoid run on sentences
Use spell check, grammar<br>
slide48. Address both sides of an argument Anticipate objections to your argument and confront them. Admit weakness of your position and address weakness of counterposition.
However, although, yet . . .
At the same time, do not be ambivalent about the issue, take a position. Do not be vague. End the discussion before moving on to next issue.<br>
slide49. Footnotes Give sources- Who besides you said this?
Additional general information
Raise additional issues
Address objections to your discussion
Elaborate argument
Use one style- Bluebook, Oxford, etc.
Write the complete footnote at once, you will never remember which book or page later on!<br>
slide50. Conclusion The international human rights system has mangaged to protect indigenous people’s land rights. Nevertheless, improved implementation of the UN Declaration on Indigenous Rights requires additional efforts in the areas of education, health, and the environment.
Address policy implications<br>
slide51. Check List! Make time plan, Keep deadlines! Do not procrastinate!
Break thesis into smaller parts to manage deadlines.
Maintain schedule
Seek criticism regularly- present to study groups
Deliver to advisor
Proofread and Edit- Read aloud- can you identify your own voice?
Edit to eliminate repetitive material or argumentation
Check for unintentional plagiarism<br>