Argumentative Brief Guidelines & Template

Directions: An argumentative brief is used to express a point of view on an international legal issue of importance to you. The argumentative brief should be exactly 5 pages, double-spaced with one-inch margins, with additional pages allowed for your endnotes, and should be uploaded to Canvas. You may use any citation style. 

Paragraphs should be 2-7 sentences. Use the active, not the passive voice. Write every heading as a sentence. That way, you can skim through your writing and assess whether there is a logical flow and consistency to your argument.  

Objective vs. Persuasive Writing

Persuasion is getting someone to do what you want them to do. It can take many forms: for example, the use of force, authority, paying or bribing someone, extortion, playing on someone’s sympathies (crying), or convincing someone that what you want them to do meets their needs. For this exercise, we’re going to focus on the last method, since the others are generally frowned upon in a courtroom.

In objective writing, you present information in a neutral way with the goal of informing and predicting. You discuss both the strengths and weaknesses of an argument and make a prediction, based on that analysis, as to the expected outcome.

In persuasive writing, you present information with the goal of informing and persuading. You aim to convince a specific audience that your side is best and, therefore, you present information in the light most favorable to your client. Although you may still acknowledge both sides of the argument, you work to distinguish or minimize the significance of counterarguments. Persuasive vs. Objective Writing (Links to an external site.) (Georgetown University Law Center, Persuasive Writing, 2019, 1)

In your Case Briefs assignment, you practiced objective writing, using the IRAC (issue, reason, analysis, conclusion) method. Persuasive writing can take many forms, and there are many variations of the IRAC method, but I find the CREAC (conclusion, rule, explanation of rule, analysis, conclusion) method a useful way to structure persuasive legal writing. CREAC is simply a form of deductive reasoning.

Constructing a Legal Argument

STEP 1: Choose an international legal issue of importance to you. Start with a question. Then think about how you would answer that question. Is there a question or topic that you read about or we discussed this semester that interests you? You may want to look back through the weekly discussion boards for inspiration. You can also check out blogs that offer analysis on current events and legal issues. Some examples include: EJIL: Talk! (Links to an external site.), Just Security (Links to an external site.), Legal Form (Links to an external site.), Opinio Juris (Links to an external site.), and Lawfare (Links to an external site.). Legal scholars and institutions are also active on Twitter.

Some examples might be: Was the United States’ use of force against Syria in 2017 a violation of international law? Can terrorism be committed by a state, or only a nonstate actor? Is targeting civilians ever justified (legal) in international law? Is China guilty of genocide against the Uyghurs? A search of The New York Times will also yield many international legal controversies.

STEP 2: Decide who your audience will be. To whom will you argue your case? Are you arguing the case before an international court, like the International Court of Justice or International Criminal Court? Or, are you going to make your argument to a national court? Maybe you want to write your argumentative brief for the World Trade Organization’s dispute settlement mechanism. One of the most important aspects of persuasive writing is knowing one’s audience. For example, imagine you’re applying for a job. What qualities/skills can you offer an employer? Now, think about the specific employer to whom you’re applying. What needs do they have? Given these needs, can you think of more attributes that you have that might help you get the job? How does thinking about an employer’s needs help you to identify more of your own strengths or to stress particular attributes that you bring to a job?

STEP 3: Research your topic. What rules of law apply to your topic? Look for primary sources (treaties, custom, statutes, case law) and secondary sources (writings, such as books and journal articles, that interpret the law). International institutions (the United Nations, ICJ (Links to an external site.), ICC (Links to an external site.), WTO (Links to an external site.), European Court of Human Rights (Links to an external site.), Inter-American Court of Human Rights (Links to an external site.), etc.) all list court decisions, dispute settlements, etc. on their websites. 

STEP 4: Write your persuasive brief using the CREAC method.

Here is an example of CREAC using a well-known syllogism:

“All humans are mortal” is the R (rule); “Socrates is a human” is the A (application of rule to facts); and “Therefore, Socrates is mortal” is the C (conclusion). This example omits the E (explanation) step, but demonstrates that if you accept both the rule and application of the rule as true, the conclusion must also be true.

Template: CREAC

Question: What international law question are you answering?

Audience: To whom are you making your case?

Conclusion: 1 paragraph

Start by stating your conclusion. You may (but do not have to) start with “In this essay, I will argue that…” and then, “I will provide (insert number) reasons in support of this conclusion.”  

Rules: 2 or more rules (Each rule should be written as a single sentence.)

Use section headings, and make each new Rule a section heading. This is the “evidence” to support your claim/conclusion. What laws are applicable to your issue?

Take, for example the question from our recent discussion board: Was the United States’ use of force against Syria in 2017 legal? If you argue it was, what evidence can you provide? Article 2.4 of the UN Charter outlaws aggression (the use of force) against a state. Was Syria a sovereign state? How do you define sovereignty? Although Syria meets the definition of sovereignty outlined in the 1933 Montevideo Convention, the Responsibility to Protect principle argues that sovereignty should be defined as responsibility, and a state that commits genocide, war crimes, or crimes against humanity against its own people essentially forfeits its sovereignty. At the same time, Article 2.7 of the UN Charter says that the UN should not intervene in matters that are ”essentially within the domestic jurisdiction of any State.” What does “domestic jurisdiction” mean? We learned that one of the five principles of jurisdiction – universal jurisdiction – allows any state to try certain crimes (such as genocide) within their national courts. How does this relate (if it does) to the question of humanitarian intervention?

Explanation of the Rules: 1 paragraph for each Rule

Under each Rule heading, explain what the rule means in a single paragraph. Use cases to explain how rules operate in practice. Show how courts use the rule in practice. Choose cases that help illustrate how the rule operates and adds to an understanding of the rule. Include all necessary information and no unnecessary information.

Analysis / Application of the Rule to Facts: 2-4 paragraphs

How do the rules apply to your conclusion (i.e., to the claim that you have made)? There are many different interpretive approaches to international law. So, this is where you can be creative and make your case. You can include as many paragraphs as you like in this section (2-4 is a good guideline), but each new thought should be a new paragraph.