Suggestions for writing research papers for assessment

**read this before submitting a research outline or research paper

in CP 50040 International Mineral Law and Policy (Distance Learning)**

[1] This note does not change any of the assessment policies or procedures of CEPMLP or Dundee
University. This document is just ideas from John Southalan to help students in writing their
research papers (and getting good marks) for CP50040. This is just one method of research &
writing. People have different styles and you do not need to follow this in order to get a good mark.
But I hope it helps. The areas covered below are these:
Introduction ......................................................................................................................... 1
Research............................................................................................................................... 1
Research outline ................................................................................................................... 3
Note-taking .......................................................................................................................... 4
Writing ................................................................................................................................. 5
Plagiarism............................................................................................................................. 8
Assessment ........................................................................................................................ 11
Bibliography ....................................................................................................................... 12

[2] Any references cited in this document are included in the bibliography at the end. Sometimes the
URLs I accessed may no longer be current, but an internet search should be find the relevant
material. If you cannot obtain any document, freely online or through Dundee’s databases, please
contact me and I would be happy to assist where I can.

Introduction

[3] Writing a Masters-level research paper is not easy. Like any activity you do or enjoy, this will get
better the more you practice and learn about how to do that activity: cooking, sport, art, card games,
music…and writing. If you do any of these rarely and quickly, you should not expect to do them
well.

Research

[4] In preparing a research outline, you should first be guided by your own interest and knowledge.
That will give you a general idea of an area or areas for a possible research paper, but you must
supplement your own knowledge by researching and reading what else is available on those areas.

(a) General search options are useful in locating more material, like an internet search,
Wikipedia etc. But do not cite these searches in your final paper submitted for assessment!
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(b) The MyDundee intranet for this module has a regularly updated list of ‘Useful materials on
mining law & policy’ which identifies many recent reports and guides with comprehensive
material and analysis on mining law and policy. As at October 2019, this includes: Addison
& Roe 2018, Andrews & o'rs 2018, Bourassa 2018, Brown & o'rs 2018, Bryan & Hofmann
2008, Burnett & Bret 2017, Cameron & Stanley 2017, CCSI 2016, Cosbey & Ramdoo 2018,
Cosbey & o'rs 2016, De Schryver & Johnson 2011, Devlin 2018, Fritz & o'rs 2018,
Gankhuyag & Gregoire 2018, ICMM 2015, IGF 2013, MAC 2019, MMSD 2002, Mudd
2009, NRGI 2014, NRGI 2015, OECD 2017, OECD 2016, Paget & o'rs 2017, Pitman &
o'rs 2018, Potts & o'rs 2018, Readhead 2018a, Readhead 2018b, RMF 2018, Stanley & o'rs
2018, Stevens & o'rs 2013, UN 2015, UNECA 2011, World Bank ud.

(c) Use your access to the electronic databases (which are available to any student enrolled in
Dundee: https://www.dundee.ac.uk/library/resources/accesstoelectronicresources/ ) to
obtain peer-reviewed materials on the subject.

(d) If you don’t know of any sources or materials on the area you want to research, use
Dundee’s ‘Library Search’ to search across many databases: https://dundee-
primo.hosted.exlibrisgroup.com/primo-explore/search?vid=dun&sortby=rank . This
searches across many information sources, including electronic journals, library catalogues
and also some external websites. Some journal databases may not be included in this
'grouping' searching, so if you have no success you may also want to search these databases
individually like Heinonline (links to this and others in following URL for CEPMLP
students).

(e) There is also a more detailed reference guide prepared for CEPMLP students, called Energy,
Petroleum and Mineral Law and Policy: Journal and legal databases. This has suggestions and links
to useful databases, and is here:
http://libguides.dundee.ac.uk/c.php?g=307699&p=2087477

(f) For legal materials, a quicker way is often through Dundee’s Solcara's Legal Search Professional
which you can access here https://uod.solcaralegalsearch.com/Applogin.aspx

(g) Examine some of the freely available mining and law databases, which have material about
specific minerals, countries, and issues. These change over time, and so an internet search
will help identify the latest collations.

[5] In many of the databases identified above, it will be useful to search for some key words to identify
material relevant to your topic. For example, if you are wanting to write about taxation laws and
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approaches to mining activities in Zambia, you might search for three key words: “Zambia mining
taxation”. This should locate some material of interest.

[6] When you have identified a relevant document (eg. an article, a court decision, a government
report) you can use that to locate other material. What references are cited within that document,
and what have other materials said about this document? Also, when you find any document, it can
be useful to ‘text search’ within that document for particular words or subjects you are researching.

[7] Include much academic, peer-reviewed material. Ensure your research (and your resultant
paper) uses many peer-reviewed sources. Materials from elsewhere can be very useful and
important, eg. government documents, NGO reports, company materials, non-mainstream media,
industry publications. However, there is often no way of ensuring their accuracy. So, if you want
to rely on these other materials, you should bolster it with peer-reviewed material, credible media,
and ensure a wide search of the relevant area(s). For example, if you are quoting one side’s view on
something (eg. industry or community), I’d expect you to also be familiar with how others view it
and to have formed some view of the objective situation and explain that in your paper.

[8] Use publicly available material, which includes material behind a 'pay wall' (eg. journal databases
available through your Dundee membership). Only in exceptional circumstances1 is there any
justification for citing non-public material (eg. material you have access to through your own work
or contacts, but is not public) in a research paper for a university course. The problem with such
references is these cannot be verified, so are not appropriate for this type of academic writing and
research. Therefore, do not cite the DL material (because that is not public). If there is a particular
point or phrase in the DL text, about which you cannot find any relevant public material, contact
me and I will try to help with some appropriate academic references.

Research outline

[9] A research outline cannot be prepared without having done considerable research in the area to:
(1) understand what else is written/available, and (2) identify exactly what you propose to examine.

[10] A research outline should contain the following elements.

(a) An abstract in full prose (ie. correct spelling and grammar).

(b) The headings and sub-headings proposed within the paper, and in relation to each of these:
i) the proposed % of the final paper which will be in that section;

1 eg. if there were original data from your field-work or experiments, but that is not the course for a research paper for this
module.
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ii) one-two sentences, indicating the main points/issues to be addressed in that section
(in full prose, ie. correct spelling and grammar);
iii) dot-points giving further details of any important points/materials which have not
already been explained; and
iv) indicate the proposed references relevant to the dot points.

[11] Limit your topic/focus with reference to other material. A research paper will need to examine
a specific question or topic, but you only have a limited amount of words for that and also show
the relevant analysis (which is necessary to get a good mark). You will obviously know much more
around the topic, and it can be useful to show you are aware of that in justifying the particular
aspect you are examining. That is very appropriate, but loses much of its strength and validity if
you do not identify or reference the broader issues to show your familiarity and informed decision
not to engage with those issues. You do not need to have this fully cited and written up at the stage
of a research outline, although you will have read a lot and it will inform your abstract and be
reflected in your eventual writing. For example, in your final paper, you might say something like:
‘There is a debate about X [footnote several academic papers, with a one sentence summary of each] but the
important issue I focus on here is Y’. Or: ‘Various parties consider Z [footnote materials which do say
that] but it seems that ...’. It is not sufficient to say only ‘there is debate about X’, or ‘various parties
consider Z’ without referencing anything supporting that statement. This can read as if you are
hoping or speculating about what you say but have not actually checked. It is not an academic way
of writing.

[12] Your research topic needs to be related to law and mining because that is what this module is about.
I realise not everyone has a legal background, but there is no need for a paper to comprise only
detailed legal analysis (indeed I would caution against doing that unless you are familiar with the
particular laws and concepts you are dealing with). It is entirely appropriate, for instance, to engage
with, and use, non-legal disciplines in analysing laws or legal developments.

Note-taking

[13] Everyone has their own preferences and styles as to what works for them. Here is what I do, some
of which may be useful.

(a) Ensure you keep record full and accurate citation of any material you read during research.
This helps you easily use this later if you need to cite it (eg. for referencing).

(b) Where there are useful quotes, include these in your notes but make sure you clearly
indicate these as a quote (including page/para number from which it came). For everything
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else, you should just paraphrase/summarise in your notes. This will help you avoid
‘inadvertent’ plagiarism.

(c) Where you think of an additional point/response to what you have read, write that in your
notes so you don’t forget it. But ensure your notes differentiate your thoughts from that
author's (eg. write your thoughts in italics, [square brackets] or whatever).

(d) Type up your notes, including page numbers. Obviously this is tedious but it has three
uses. First, if you later remember you had some notes on something, you can ‘text search’
your notes and find these more quickly. Second, where there are quotes or ideas you want
to subsequently include in your final paper, these can be more easily drawn from your
typed notes. Third (and most important) it will ensure the notes are available to you for any
future work/writing because, when this particular paper is finished, you will likely forget
the broader details of what you have read and your notes. Maintaining these notes will help
your future work and writing, which is very useful if you are going to do other papers (or a
thesis) at CEPMLP. It will mean less work for them!

Writing

[14] Focus on relevant material. Think carefully and plan what it is you want your reader to
understand in order to follow the key points and analysis throughout your paper. Do not include
material which is unnecessary to your later analysis. Large extracts of direct text (rather than a 1-2
sentence summary of the main points and then referencing the material), are rarely needed. If you
include a large quote or extensive detail - which is not subsequently needed nor used in your later
argument – consider why you are including it and making the audience read all that? With every
paper, the author (ie. you) will have done much more reading and thinking than is actually relevant
to the final thesis. One guide before writing any sentence: if you don’t need it for your argument
then don’t distract the reader with it.

[15] Don’t assume knowledge. If you are going to talk about some topic or subject, make sure you
have first explained the basics to the reader. Do not write about (eg.) ‘the project’, or use some
acronym if you need the reader to know information (which is only explained later in the paper) to
understand what it is you are currently talking about. This is difficult because you know all this
information, but you must also think of the reader and ensure you are introducing ideas in a logical
order.

[16] Persuade your reader. Good writing is an exercise in advocacy – explaining and persuading the
reader as to your argument. It is not an exercise in showing what you have learnt. I do not pretend
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Suggestions for researching and writing papers for assessment 6 of 13
that I am good at this. I find writing difficult and I sometimes get papers from students who can
write and persuade much better than I can. These papers are a joy to read. But I also sometimes
get papers where the logic does not follow, points are just asserted, and the author has not carefully
considered their arguments and presentation. Do not misunderstand me - I am not saying I need
to agree with your argument. That is never a relevant criteria of assessment. What a good paper will
do, however, is academically justify the argument.

[17] Do not get attached to your notes! Write your paper’s text from the notes not with the notes.

[18] Find and cite the relevant law. This is a Masters’ level law course. When you are summarising or
explaining laws which are relevant to your argument you should go to the original source, not
someone else’s summary of that law.

[19] Reference properly.

(a) There are different referencing styles (eg. Harvard, Blue Book etc). I do not care which
style you use (and you will not lose marks) as you long as you are consistent and provide
the necessary information so any reader could easily find the document you are referring to.

(b) What is distracting (and will lose marks) is where the referencing is inconsistent, suggesting
you have either just ‘cut and pasted’ the references from different sources, or have not
proof-read the paper to correct any errors.

(c) It is insufficient to have only an author and an internet reference. That information has as
much weight as a piece of paper you find randomly on the street which might have
something written on it. Perhaps it could be used to say ‘there is some view that X, Y, Z’ but
you should make no greater reliance on it than that. You should always identify author,
publisher, year. And if those items are not known, you should consider how much reliance
you want to place on that material (which, I suggest, should be none!).

[20] Maintain objectivity. This helps persuade the reader as to the logic of your argument. By using
emotive adjectives, it can distract from the force of what you are saying. If you consider something
alarming, immoral or similar, then explain why that is by reference to the actual facts/events/issues
not your emotional response to them. Personally, I do not think emotive language is useful in
academic writing (it may be different if you are writing an opinion piece for a newspaper) which
should keep to an objective style.

[21] Use automatic updating in word-processors for cross referencing. Many papers, in their
footnoting, often refer to an ‘above’ number, and in fact the above number is not the reference
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Suggestions for researching and writing papers for assessment 7 of 13
they meant. Presumably this is because it was in an earlier draft but changed during the editing. All
modern word-processing programs have a way that you can insert a field/link to another part of
the document (eg. a page number, footnote number, or suchlike) and that will update as you
change. Learn how to use these.

[22] Present your material in a way that makes it easiest to read. A contents section is always
useful. If you have large URLs for references, these do not need to be included in every footnote,
but include them once in the bibliography.

[23] Proofread your work. Even better – get someone else to proofread it. A document with multiple,
easy mistakes which the reader can see, makes the reader worry that there are mistakes in other
parts the reader cannot see. The reader then starts to think you may have errors in your analysis
and summary of the materials.

[24] Ensure correct grammar. I do not deduct marks for single oversights. However, sometimes
incorrect grammar can significantly change the meaning, which forces the reader to re-read several
times to understand what was probably meant. The following joke makes the point.

Let’s eat grandma! Let’s eat, grandma! Commas save lives.

[25] Drafts and re-writing. After you have written the first draft, consider the following.

(a) Print entire first draft and read.

(b) With a word-processer, do a word count of each section and compare that against your
earlier outline for what you proposed would be appropriate percentages for that section.
Of course, you do not need to keep to that earlier plan, because you will have read and
learnt more since then. However it can still be a useful guide. If you have an early section
‘history of mining law in country X’, which you intended as a brief background, and this is
now 50% of your paper, that is a warning sign! A good academic paper will have the
majority of its length in the analysis.

(c) 'Edit. Edit. Edit. There is no such thing as good writing - just good rewriting.': Zillman &
Roth 2008.

(d) DO NOT GET ATTACHED TO YOUR FIRST DRAFT.

(e) If you had to write a summary of each paragraph, what would it be? Ensure the paper
flows – make it a story, not a collection of points.

(f) A good book for improving your writing is Clark 2018.

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Plagiarism

[26] You can read the detailed information from Dundee University about plagiarism separately from
this note. When submitting a paper, you are required to promise you have not plagiarised. To not
do so can have implications for your study at CEPMLP. Even more seriously for practising lawyers
(or those who plan to): university plagiarism can limit your ability to practice law (eg. Evans 2012,
Joy & McMunigal 2011, Webb 2009).

[27] The basic concept is this: write your own material and, where you are using others’ ideas or analysis,
then you should indicate that. It is, of course, often important to refer to (or use) another writer’s
summary or analysis. Nearly all academic writing does this, and it is appropriate, provided it is
properly referenced. This can be through a direct quote or through para-phrasing and, after each,
referencing the relevant material.

[28] It may help to consider some examples. These does not cover every aspect of plagiarism but
reinforces some basic concepts. Imagine you have the following extracts which you have identified
during your research (the following text is a direct extract from p25 of Katz-Lavigne 2017).

Why did some African countries decide to renegotiate their mining contracts in the period beginning in 2000?
Recent renegotiation announcements and related reports provide evidence for several explanatory factors.
At the international level, the norm of improved resource revenue governance through the twin pillars of
transparency and accountability, which has developed global reach, has steered recent developments on the
continent. This is a crucial development that, as Besada and Martin (2015) have argued, referencing
Campbell, constitutes the development of a new, “fourth generation” of mining codes. The first three generations
of codes included significant measures towards the liberalisation of mineral extraction. From 1990 to 2000,
30 countries put new mining legislation in place; many of the reforms involved Washington Consensus-type
policies such as the reduction of regulation, the liberalisation of social and labour policies, and structures for
ownership and taxation more favourable to the private sector (Besada and Martin, 2015).
While the three original generations of mining codes revolved around liberalisation measures and the retreat
of the state, there has been a shift in the discourse surrounding the governance of natural resource revenues,
and their contribution to economic development. This shift has been characterised by the implementation of a
variety of “new private, voluntary, and transnational initiatives” developed with the objective of fostering
transparency in the extractive industries (Besada and Martin, 2015, 4). The EITI, a voluntary initiative
created in 2003 that requires countries to fulfil stringent reporting requirements of their natural resource
revenues before they are granted compliant status, is an example of the diffusion of this new norm. In SSA
there are 24 countries engaging with the EITI process, including 18 compliant, six candidate, and one
suspended country (EITI website, 2016).

[29] The following two examples, if written in a student’s research paper, would both be acceptable
ways of using this material, and would have no problems with plagiarism.

It is considered that ‘At the international level, the norm of improved resource revenue governance ... which
has developed global reach, has steered recent developments on the [African] continent’.2

2 Katz-Lavigne 2017, 25.

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Resource revenue governance, at the international level, has two main aspects: transparency and
accountability.3

[30] Sometimes, you will want to use more analysis or material from another paper, because this may
provide a useful background for something you are then going to discuss in your writing. Again,
that can be easily done without raising concerns about plagiarism, by making it clear that your
writing is a summary of another’s work, perhaps like this.

Katz-Lavigne, in examining why countries renegotiate mining contracts, identified three important points:
(1) international norms of improved resource revenue governance – comprising transparency and
accountability – have influenced developments in Africa, (2) earlier emphasis on ‘liberalisation’ in
regulating mining has given way to a contemporary focus on what mining contributes to economic
development, and (3) there are increasing voluntary initiatives.4

[31] However, the following examples are not acceptable and would result in me reporting the
submitted paper for investigation for plagiarism.

(a) Example one:

At the international level, the norm of improved resource revenue governance through the twin pillars
of transparency and accountability, which has developed global reach, has steered recent developments
on the continent.
If this were simply included, with no reference, it suggests it is the author’s own work
which it is not because the sentence is an unreferenced quote straight from the Katz-
Lavigne article.

(b) Example two:

Internationally, there is a norm of improved resource revenue governance which, through two pillars of
transparency and accountability, has a global reach, and has steered recent developments in Africa.
Again, if unreferenced, this is a problem. Although it is not exactly a quote, it is simply
paraphrasing Katz-Lavigne and presenting it as the author’s own work.

(c) Example three:

Internationally, improved resource revenue governance is important in that it constitutes the
development of a new, “fourth generation” of mining codes.5
This is a problem because, although it cites the Besada & Martin paper, it has again
paraphrased Katz-Lavigne’s analysis but it is presented as the author’s own work.

(d) Example four:

Internationally, improved resource revenue governance involves transparency and accountability.
Historically there was much emphasis on the liberalisation of mineral extraction (eg. reducing
regulation, making ownership and taxation more favourable to the private sector) but more recent

3 Katz-Lavigne 2017, 25.

4 Katz-Lavigne 2017, 25.
5 Besada & Martin, 2015. ‘Mining codes in Africa: Emergence of a fourth generation?’ Cambridge Review of International Affairs,

28(2).
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emphasis has been on the contribution of mining to economic development. This shift seen various
voluntary initiatives including the EITI process6.
This problem in this last example is insufficient referencing. Only the third sentence is
indicated as referenced to Katz-Lavigne. The earlier two sentences in this paragraph are
presented as the author’s own work, which they are not because they are simply
paraphrasing Katz-Lavigne.

[32] Be aware that TurnItIn, and google, are now very good at identifying where material is similar. You
have the opportunity to submit a draft paper for checking. You should do that and examine every
point identified as similar to ensure it is correctly referenced.

[33] Avoiding problems with plagiarism starts with your earlier note-taking and research.

(a) When writing any notes which you might then use to help your eventual paper, if you copy
anything directly, include that in quotation marks in your notes (and make a note of the
document, and specific page number, from which you copied it).

(b) Sometimes, another author has said the point exactly that you want to use, and it is entirely
appropriate to use those words. Because your notes show it is a quote, you will be able to
indicate that correctly in your paper for assessment (and reference it properly from the
information in your notes).

(c) The danger is where you have written things in your notes, which are direct text from
somewhere else, but you have not indicated that in your notes. Sometimes, you may forget
when you come to write your final paper and you will include things from your notes
thinking it is your own ideas or text. However that will cause problems with plagiarism if
you have not acknowledged that as someone else’s work.

[34] A final suggestion. You will never get marked down for over-referencing but you will for under-
referencing (and it can even lead to concerns about plagiarism in the worst cases). My own style is
that what I say or think is of little importance to the reader and any assertions or statements should
be justified/referenced/explained, even if it is ‘setting the scene’. Where I can ‘ease off’ on
referencing is where I have earlier established the building blocks (through proper referencing) and
am now turning to my own analysis.

6 Katz-Lavigne 2017, 25.

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Assessment

[35] If you are interested in a good mark, then you should examine how your work will be marked and
ensure you do everything you can to get top marks in relation to each of these criteria. Students
who do not proof-read and submit papers with errors, incorrect (or absent) referencing, and poor
presentation/structure are just ‘throwing away’ easy marks. The following are the current
assessment criteria which I use in marking a research outline and research paper.

CP50040 Research Outline Marking Guide

Abstract -/3 marks coherent? identifies question/proposal? enables legal analysis to
occur?
Headings/sub-headings -/1 mark logical sections to engage with the topic explained in abstract? identify
proposed percentages of final paper?
Main points -/1 mark coherent? identifies main concept for that section?
Dot points -/1 mark identifies the points & references which will substantiate the main
point?
References -/3 marks comprehensive for the topic? primary & secondary materials?
consistent & show necessary information?
TOTAL -/10 marks

CEPMLP Research Paper Marking Guide

Item Mark Max Description
Structure 10 Organisation of the paper which should enable the question under
consideration to be answered in a logical and orderly manner.
Analysis 20 The ability of the candidate to use "the tools of the trade" whether
in law or economics (or whatever) to develop the points contained in
the structure to address the question.
Use of information/sources 20 The extent to which the candidate has collected information
relevant to the question.
Originality 20 The extent to which the candidate has used their own ideas rather
than simply repeated the lecturer or depended upon a small number
of sources.
Relevance 10 The extent to which the student has focussed upon answering the
original coursework/ research paper remit and delivered a clear
appropriately focussed framework of work/ discussion/ conclusions
which contribute to our understanding of the subject matter.
Presentation 5 The physical presentation of the paper - typing, layout etc.
Language/style 5 The correct use of English/ grammar in the paper and adherence
to a neutral, academic style of written language.
Referencing 10 The ability of the candidate to use references in an approved
manner and in a way which supports the arguments and data
contained within the paper.
TOTAL 0 100

John Southalan
4 October 2019
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