Magazine of The European Law Students’ Association
No.51 · I-2012
SYNERGY
magazine
The Lanzarote Convention
10th Anniversary of EMC2
Institutional Study Visits
Stopping Sexual Violence Against Children, p.11
The ELSA Moot Court Competition on WTO Law, p.16
Providing exchange and opportunities for practical learning, p.38
Studies Abroad:
How do you picture your future? p. 29
EUROPEAN LAW LLM AT KENT Study European Law within the world-class research environment of the UK’s European university.
The European LLM at Kent covers a broad range of subjects • European Union law • European comparative law • European political governance European law is taught from both technical and broader socio-political perspectives, complementing the Law School’s association with critical and interdisciplinary scholarship. Kent Law School was placed 6th among UK law schools in the latest Research Assessment Exercise (2008) and hosts the Kent Centre for European and Comparative Law, which offers a varied programme of guest lectures, seminars and conferences for students. The campus is located in the beautiful historic cathedral city of Canterbury, one hour from Central London and less than two hours away from Brussels and Paris.
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Find out more about the LLM in European Law and our other international LLM and research degrees at www.kent.ac.uk/ law/postgraduate
About ELSA The European Law Students’ Association, ELSA, is an international, independent, nonpolitical and non-profit-making organisation comprised and run by and for law students and young lawyers. Founded in 1981 by law students from Austria, Hungary, Poland and West Germany, ELSA is today the world’s largest independent law students’ association. Our Philosophy
Synergy ELSA International in Brussels, Belgium, produces Synergy. The articles are contributions from students, young and experienced lawyers as well as academics. The articles are edited at the discretion of the Editors. Please do not hesitate to visit Synergy Online: www.elsa.org/membersmagazine Contributions
Vision A just world in which there is respect for human dignity and cultural diversity. Purpose To contribute to legal education, to foster mutual understanding and to promote social responsibility of law students and young lawyers. Means To provide opportunities for law students and young lawyers to learn about other cultures and legal systems in a spirit of critical dialogue and scientific co-operation. To assist law students and young lawyers to be internationally minded and professionally skilled. To encourage law students and young lawyers to act for the good of society.
Synergy is published twice a year for ELSA’s members in
Our Network
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ELSA is a unique and growing Network of 32,000 law students and young lawyers from close to 300 universities in 42 countries across Europe. ELSA currently has members and observers in: Albania, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kazakhstan, Latvia, Lithuania, Luxembourg, Malta, Montenegro, The Netherlands, Norway, Poland, Portugal, Republic of Macedonia, Romania, Russian Federation, Serbia, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine and United Kingdom. Furthermore, ELSA cooperates with other student organisations across the world, for instance IPSF, ALSA in Asia, ILSA in Israel, ALSA in Australia and ILSA in North America. ELSA’s Members
ELSA’s members are internationally minded individuals who have interest for foreign legal systems and practices. Through our activities such as seminars, conferences, law schools, moot court competitions, essay competitions, legal research and the Student Trainee Exchange Programme, our members acquire a broader cultural understanding and legal expertise. Our Special Status
ELSA has gained a special status with several international institutions through its activities and commitment within the international community. In 2000, ELSA was granted Participatory Status with the Council of Europe. Furthermore, ELSA has Consultative Status with several United Nations bodies; in 1997 ELSA obtained Special Consultative Status with UN ECOSOC and UNCITRAL, in 1994 ELSA was granted Consultative Status in Category C in UNESCO. ELSA also has recently obtained Observatory Status with WIPO. In addition, ELSA co-operates with all the European Institutions.
42 countries in Europe. Would you like to contribute with articles or pictures for the Magazine? Please contact ELSA International for further information and guidelines. Advertising Would you like to advertise your courses, services, company or products, please do not hesitate to contact ELSA International in Brussels. Rates are available upon request from:
Editor Kaisa Kimmel ELSA International Phone: +32 2 646 26 26 Fax: + 32 2 646 29 23 E-mail: elsa@elsa.org Website: www.elsa.org
Corporate Partner of ELSA
Human Rights Partner of ELSA CMS_LawTax_CMYK_over100.eps
English Language Partner of ELSA
Auditing Partner of ELSA
LL.M. Partners of ELSA
Marraine & Patron
Marketing & IT Partner of ELSA
Maud de Boer-Buquicchio (Marraine of ELSA) The Deputy Secretary General of the Council of Europe.
Media Partner of ELSA
Chang-fa Lo (Patron of ELSA) Professor of Law, National Taiwan University College of Law. Director, Asian Center for WTO and International Health Law and Policy of NTU College of Law
SYNERGY magazine
European Commission
This project has been funded with support from the European Union. This publication reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein.
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Editor’s letter Dear Reader,
Kaisa Kimmel Vice President Marketing ELSA International
The next issue of Synergy Magazine will already be edited by my successor, supported by another International Board of ELSA. The upcoming year in ELSA will be one of strategic planning and new projects for our Association. You can read about planning in ELSA in the first pages of this magazine.
This 51 st edition of Synergy is dedicated to the theme "Studies Abroad: Improving our skills through international education". This theme is featured in a special section starting on page 29. There you can find articles about the benefits of studying in an LL.M. programme and of improving your professional skills through international courses. In the sphere of international Human Rights education, the Council of Europe HELP programme provides a comprehensive source of information and practical training on Human Rights.
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From page 11 onward, the Marraine of ELSA, the Deputy Secretary General of the Council of Europe, Maud de Boer-Buquicchio, addresses the crucial issue of Children's rights. The flagship project of ELSA, the ELSA Moot Court Competition on WTO Law, celebrates its 10 th anniversary this year. Read about the history and supporters of the competition in the section starting on page 16. It has been an honour to work with the ELSA Network and with our Partners on producing Synergy - a unique channel of communication between our members, officers and supporters. I want to thank everyone who contributed with articles, pictures and ideas as well as my greatest supporters in this work: my fellow board members.
Kaisa Kimmel
SYNERGY magazine
Contents
10th Anniversary of EMC2 The ELSA Moot Court Competition, p.16
Editor's Letter
4
Strategic Planning in ELSA
6
Project Planning
9
The Lanzarote Convention: Stopping Sexual Violence Against Children
11
Legal Research and Children's Rights
13
ELSA EX YU Conference on the Rights of the Child
14
EMC2 A Decade of EMC2 16 Partner of EMC2: ALTIUS
18
Partners of EMC2: The European Lotteries & La Franรงaise des Jeux
20
New Development in STEP
22
Traineeship in Croatia
24
STEP Employers 2010/2011
25
Events Calendar
26
Studies Abroad
Studies Abroad LLM at Queen Mary School of Law, p.30
Human Rights Education The Council of Europe HELP Programme, p. 34
Improving Our Skills Through International Education
29
LLM at Queen Mary School of Law
30
China Law School with CBL International
32
LLM in Law and Technology
33
Human Rights Education for Legal Professionals: The Council of Europe
34
Membership of ELSA Azerbaijan
37
Institutional Study Visits in ELSA
38
ELSA Reading: Institutional Study Visit
41
Delegation: United Nations Human Rights Committee
42
Delegation: International Trademark Association
45
Summer Law School: Make Law Better!
46
Summer Law School: Energy and Environmental Law
48
Membership of ELSA France
50
Strategic Planning
Strategic Planning in ELSA
"The art of the general – made concrete" Strategic planning is a process used by organisations to define the direction of the association by allocating its financial and human resources to achieve common goals, based on its surroundings and current state, to get to a desired position. To understand the benefits of strategic planning for an association such as ELSA, one therefore needs to know the history of the organisation.
ELSA celebrated its 30th anniversary last year, which means that we have been around for quite some time now: since Niousha Nademi 1981. However, the association has not alPresident ELSA International ways looked like it does today and the strategies we use today are not only very different, but the way of implementation also differs. We have gotten where we are as a consequence of many years of positive progression. The work we have done throughout the years has always been based on the same values; we have always wanted to work towards an increase in internationality and to improve legal education and understanding between law students. However, it was not until 1992 that the famous Philosophy Statement of ELSA, consisting of our Vision, our Purpose and our Means was officially adopted. At this point the Network did not really reflect upon the full value of this great milestone. The role of the Philosophy Statement extended beyond the point of view that the association had a “slogan�, or even something that inspired us or gave us an identity. Beside all of this the Philosophy Statement was something that had a great significance for all kinds of long-term planning that was made after this point. Examining the planning phases in ELSA throughout the following years it was obvious that the Two-Year-Tactical-Plan was a step in the right direction. However, it was not vast enough to actually be something that one could implement and evaluate over a longer period before having to start over in a new cycle of planning. 6
The ELSA Philosophy Statement Vision: "A just world in which there is respect for human dignity and cultural diversity." Purpose:
"To contribute to legal education, to foster mutual understanding and to promote social responsibility of law students and young lawyers."
Means: "Providing opportunities for law students and young lawyers to learn about other cultures and legal systems in a spirit of critical dialogue and scientific co-operation." "Assisting law students and young lawyers to be internationally minded and professionally skilled." "Encouraging law students and young lawyers to act for the good of society." In 2008 a new kind of plan, a five-year Strategic Plan was adopted by the ELSA Network that was aimed at focusing the efforts of all National and Local Groups in the Network on five specific goals for a certain period of time. What was so special about this plan was that the goals which were decided by the Network were
Strategic Planning
also confirmed by an extensive Market Research. This full-fledged Market Research was conducted in the year 2007 among 9,000 law students and ELSA members across Europe. The Market Research was aimed at evaluating the state of our Association. Tough it rather confirmed assumptions than brought completely new information, it made all the efforts put into the planning worth the while. The Market Research gave weight and justification to the projects and activities of ELSA. Furthermore, it confirmend that what the whole Network was committed to for the upcoming 5 years was just right according to our members and potential members.
"The Philosophy Statement was something that had a great significance for all kinds of longterm planning that was made in ELSA after 1992." Strategic planning is used by all bigger companies, organisations and states and is a necessary part of ensuring that the organic development of an association does not stagnate. Strategic planning contributes to development even after its initial phase and makes sure that SYNERGY magazine
development does not result in a sinus wave causing setbacks in the growth. All of this is what makes strategic planning so important. We need to map out the course of ELSA: Where are we now? Where do we want to go? Where do we want to be in 2013? Where do we want to be in 2018? Where do we want to be in 20 years? With different kinds of goals set up with different time spans we are paving the way for sustainable and positive development on all levels of our Network. It makes me amazingly happy to see that this kind of planning has been steadily increasing in the ELSA Network. Earlier on we have experienced elements of a negative trend where the fear of committing to something more than ones term in office has made longterm planning difficult and a plan to engage ones successors has been looked upon with scepticism. When it comes to strategic planning we must, apart from knowing where we want to be also know where we are coming from. Evaluation is the key factor to success here; to know what has happened 7
Strategic Planning in the past, to be able to learn from the mistakes made and focus on ones strengths. Regardless of whether it is a general strategy or a plan for a specific project, we have learned that the success rate increases with proper planning and preparation. The coordination of this comes down to the two key elements; the management of financial and human resources. This is something that has been proven time after time, and by following a stricter timeline things fall into place more easily.
also become better at searching for guidance with these kinds of issues from other sources than our own Association. We have reached out to other NGOs that we cooperate with, to our alumni associations, to institutions and to companies as well as our International Trainers Pool consisting of a range of different professionals to always try to be on the front edge. Strategic planning is about constant assessment of our surroundings and using all available aids including even those outside of the Association in order to stay productive and innovative.
"Regardless of whether it is a general strategy or a plan for a specific project, we have learned that the success rate increases with proper planning and preparation."
All of this makes me pleased as a member of ELSA. However, that is not where it ends. The work done by our predecessors when it comes to developing and building up the current plan is very impressive, as well as steering the Association in this direction. It also makes me satisfied with the Network; not only because it is working according to the Strategic Plan and constantly with a critical overview evaluating its progress.
What is very satisfying to realize is that regardless of the results ELSA oďŹƒcers never lie idle. Our oďŹƒcers are always hungry for more and they always want to learn more. In short we have been open to influences from our surroundings. With the years we have
All of us in the International Board are happy and honoured to work at this stage of strategic planning in our Network and our Association and to overlook the professional continuation and the optimistic outlook it has brought to ELSA.
Development of an Organisation Growth Strategic Planning
Downfall
Time
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Project Planning
Project Planning
Planning: Projects And Life Through participation in the organisation of ELSA projects active members can gain planning skills which carry them forward in life. By giving the process more thought and structure, results are even better.
Steve Jobs once said: “You can’t connect the dots looking forward; you can only connect them looking backwards. So Zosya Stankovskaya Vice President for you have to trust that the dots will someSeminars & Conferences how connect in your future. You have to ELSA International trust in something – your god, destiny, life, karma, whatever. This approach has never let me down, and it has made all the difference in my life.” How do you understand these words?
can improve it. There is a number of techniques that will help you to do this, but two of the most helpful might be: SWOT Analysis: This is a formal analysis of your group's strengths and weaknesses, and of the opportunities and threats that you face. Competitiveness Analysis: This helps you to spot project competitiveness, to think how to make it more attractive and unique, to think about the needs of target groups etc.
During my years as an active officer in our Association, ELSA has brought a lot of changes in my life along with valuable life lessons. A great part of what I have learned is Project management which is mainly associated with planning and managing changes in an organisation. Project management methods and tools can be far more widely used than people assume. In the end, our whole life is a big project and the lessons learned at ELSA can be implemented in everyday life: planning who you want to be in 10 years, your education and employment, managing your own business or even such a routine situation as moving into an apartment. The better we are planning, the greater success is waiting for us. You will learn that by planning projects far in advance and looking forward at each step you take, your plans will be fully considered, well-focused, resilient, practical and cost-effective. You will also ensure that you learn from every mistake you make, and reflect this in future planning and decision-making. Achievements come more quickly and efficiently when you have set out a written project plan. There is something about writing your plan out on paper or on your computer that makes your goals for a project more real, understandable and achievable. The first thing to do is to spot what exactly needs to be done. One approach is to examine your current position, and decide how you SYNERGY magazine
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Project Planning A different approach is to use any of a whole range of creativity tools to work out where you can make improvements. Knowing all pluses and minuses is important not only in projects, but also in everyday life. By doing this you know with what you can “play”, what your main benefits are and what is better to avoid. Once you have completed a realistic analysis of your aims and opportunities, the next step is to work out a strategy how to do it. At this stage it is best to spend time generating as many options as possible, even though it is tempting just to grasp the first idea that comes into mind. By taking some time for this you may come up with less obvious but at the same time better solutions. Just as likely, you may improve your best ideas with parts of other ideas. At this point be creative, link the activities or possibilities. You will learn how to find a way in any situation and not to be afraid of making something extraordinary. Once you have explored the options available to you, it is time to decide which one to choose. If you are planning well in advance, you might decide to evaluate all of your options and to carry out detailed planning: costing, risk assessment, etc. for each alternative plan. Two useful tools for selecting the best option are Grid Analysis and Decision Trees. Grid Analysis helps you to decide between different options where you need to consider a number of different factors. Decision Trees help you to think through the likely outcomes of following different courses of action. The next step is to decide precisely what the aim of your plan is, define the overall objective of the project and summarize it in one or two sentences at the top of your project plan. By the time you start detailed planning, you should have a good picture of where you are, what you want to achieve and the range of options. You may have selected the option which will most likely yield the best results. Detailed planning is the process of determining who will do what, when, where, how, why and at what cost. When drawing up the plan, look up techniques such as use of Gantt Charts and Critical Path Analysis which can be immensely helpful in working out priorities, deadlines and the allocation of resources. When writing a project plan, you must be very specific about every detail of the project: lay out hows, whens and whys in a clear, organized format for viewing by every project team member. A good plan will detail the tasks to be carried out, whose responsibility they are, and their priorities and the deadlines. While you are concentrating on the tasks, ensure that you also think about control mechanisms for monitoring performance. These will include such activities as reporting, quality assurance, cost control, etc. needed to spot and correct any deviations from the plan. 10
Identify risks and plan contingencies. This allows you to respond to different situations, to have a plan “B”. It will definitely save you time and the work of the team will not stop because of one problem. Consider transitional arrangements – how will you keep things going if someone will drop out of the team. While thinking about this, you will need to make sure that each task description is so clear, that even if a new person will join a team, he or she will always know how to proceed. Therefore, you learn for life how to ensure continuity of the work even if someone has left your team, resigned or so on. Once you have devised a plan you should evaluate whether it is likely to succeed in each point. This analysis may show that your plan may be unclear, may cost too much or may simply not work. It is much better to find this out earlier than later when you have invested time, money and personal standing in the success of the plan. Evaluating the plan now gives you an opportunity to investigate other options that might be more successful. You should also consider whether each team member likes and knows how to deal with the part of work he is responsible for. ”Thinking Hats” might be an attractive technique to use to get a comprehensive view of your plan and its implications. It provides a context within which you can examine the plan rationally, emotionally, optimistically, pessimistically and creatively. If your analysis shows that the plan will not give sufficient benefit, then re-think the plan. Once you have completed your plan and decided that it will work, it is time to implement it. Your plan will explain how! It should also detail controls that you will use to monitor the execution of the plan. Do not be afraid to make corrections during the implementation if the situation requires it. Remember to keep all team members aware of the process. Once you have achieved a plan, you can close the project. It is best to think of planning as a cycle, not a straight-through process. At this point it is often worth carrying out an evaluation of the project to see whether there are any lessons that you can learn. This should include an evaluation of your project planning to see if it could be improved. If you are going to carry out a lot of similar projects, it may be worth developing and improving an Aide Memoire. This is a list of headings and points to consider during planning. Using it helps you to ensure that you do not forget lessons learned in the past. You may not understand now how important it is to do planning and learn the best from it. Do it for ELSA, for our members, learn through ELSA and in the end you will understand that it was the best thing you have done for yourself. In the future you will see how the dots will connect, how they are making a difference in our life.
Children's Rights
The Council of Europe: The Lanzarote Convention
Stopping Sexual Violence Against Children: You Can Help As Well Scientific research suggests that around 20% of children in Europe might be victims of some form of Maud De Boer-Buquicchio sexual violence. It is estimated that Deputy Secretary General of in 70 to 85% of cases, the offender the Council of Europe is somebody the child knows, trusts, Marraine of ELSA or even loves. Sexual violence against children can take many forms, including sexual abuse (usually involving physical contact), child pornography, child prostitution, use of children in pornographic performances, exposure of children to sexual content, solicitation of children for sexual purposes and sexual assault by peers. Children who are sexually abused often take refuge in silence because they feel shame, guilt and fear. Some child victims are so young that they have no idea what is happening to them, and very often children do not know where, or how, to seek help. Our estimate is that only 10% of cases come to the attention of child protection services. The terrible consequences of sexual abuse can follow children into their adult lives – lives which first person accounts often describe as being lived out in hidden sorrow and pain. Unfortunately, a child victim's ordeal is not always over when the abuse is disclosed. Far too often, children also fall victim to legal loopholes and social and health care services that lack coordination, or which have not undergone adequate training. It is therefore important to secure a comprehensive and coherent legal system to reduce the risk of impunity. It is equally important that the justice system and other professionals dealing with abuse cases protect the child victim and take all the necessary measures to minimise the negative impact that their procedures might have on them. Convicting a perpetrator does not always mean that justice has been done. For instance, in cases where images of a child's abuse are not removed quickly from the Internet, the child's recovery process can be seriously undermined.
SYNERGY magazine
Child victims of sexual violence have the right to compensation and to recovery, in particular through adequate psychological and medical treatment. The entry into force on 1 July 2010 of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (the “Lanzarote Convention”) represents a significant advance in preventing sexual violence, protecting children and combating impunity. It is the first international instrument to treat sexual abuse of children as a crime, irrespective of where or by whom it is committed – at home, in a child care institution, through organised crime networks, or the Internet. The Lanzarote Convention trademark is the so-called four “P” approach: prevention of violence, protection of child victims, prosecution of offenders, and participation. To prevent sexual violence, the Lanzarote Convention notably requests: - the screening and training of professionals in contact with children; - awareness raising and education programmes; - intervention programmes for potential perpetrators; - the mobilisation of the media and the private sector and - involving children in the design and implementation of prevention measures. To protect child victims, the Convention requests: - child friendly reporting mechanisms; - the creation of independent child rights defenders; - intervention programmes for convicted criminals; - child friendly judicial procedures and - assistance for the victims and their families (be it medical, psychological, legal, or other).
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Children's Rights To end with the impunity of the criminals, the Convention foresees: - the definition and criminalisation of all forms of sexual violence, including those committed with the help of internet; - the extension of the limitation period; - the possibility to prosecute for offences committed in another country even if the act is not an offence in that country; - measures to ensure corporate liability and avoid impunity by legal persons. Last, but not least, to increase the effectiveness of the measures taken to stop sexual violence, the Convention wants to gain a better understanding of the phenomenon and promote participation, partnerships and co-operation. The Convention calls for: - the establishment of coordinating bodies at national level; - data collection mechanisms; - cooperation amongst stakeholders; - participation of media, civil society and the business sector; - child participation; - exchange of information at international level. Open to ratification by non-European countries, the Lanzarote Convention is, I am convinced, the best chance we have to effectively combat sexual violence against children worldwide. For this very reason, In 2010, the Council of Europe launched its “ONE in FIVE” campaign to stop sexual violence against children. The campaign has two main objectives: - First, to promote signature, ratification and implementation of the Lanzarote Convention; - Second, to raise awareness of the full extent of sexual violence against children and of the measures that children, parents and professionals working with them can take to prevent and respond to sexual violence. Activities within the campaign include the organisation of events, the provision of expertise, the promotion of research and networking and the production of awareness raising material. For intance: in view of the difficulties that many countries have in addressing the issue of sexual abuse within the child’s circle of trust, the Council of Europe has developed awareness-raising and information material around a character called “Kiko”, designed to help parents discuss this sensitive issue with their young children. This material is available in 25 languages. 12
Both the Parliamentary Assembly and the Congress of Local and Regional Authorities of the Council of Europe have mobilised their respective networks to help us meet the campaign objectives and we can already see the results. More and more countries are joining our campaign, introducing changes in legislations, improving services for children, training professionals and disseminating our material. I am very grateful to ELSA and its members for having joined this campaign helping us to analyse the legal frameworks in the various countries against the background of the Lanzarote Convention. The result of this work will allow us to gain focus on the advice and support we can propose to our member states.
"Far too often, children also fall victim to legal loopholes and social and health care services that lack co-ordination." To date, the Lanzarote Convention has been ratified by 17 member states of the Council of Europe and 26 additional countries have signed it. Only 4 countries have neither signed, nor ratified. New signatures and ratifications are in the pipeline. The “Lanzarote family” is indeed expanding and has started working together. The Committee of the Parties to the Lanzarote Convention met in September last year for the first time, and has started drafting its Rules of Procedure and discussing the setting up of the future monitoring mechanism. I am fully confident that this Committee will become a dynamic forum for exchange of knowledge and experience, development of expertise and identification of solutions to the most pressing problems. Sexual violence is a violation of the child’s human dignity and a serious violation of a child’s rights. It causes irreparable damage to the victim’s physical and mental health and often has life-long negative impact. It is not by chance that the Lanzarote convention is firmly anchored in the United Nations Convention on the Rights of the Child. The promotion of and respect for children’s rights is a legal imperative, but also a pre-condition for the effectiveness of any action to eliminate sexual violence. I therefore encourage ELSA and its members to continue promoting children’s rights and supporting the Council of Europe effort to eliminate sexual violence against children.
Children's Rights
Legal Research: ELSA for Children
Making a Difference through Research – Preparing for Your Legal Career
Khrystyna Brodych Director for Academic Activities ELSA International
Mastering legal research is an essential element in achieving success and growth in the legal profession. The act of legal research in a globalized world has become increasingly challenging and complicated for legal professionals, legal researchers and students.
Legal research was one of the main aims of ELSA during our early years. In the 1980s, when ELSA was created as platform of European co-operation between law students, the vision of sharing experiences and ideas was the main purpose of our Association. Later on in the 1990s, our predecessors made successful steps and have built a strong association with great focus on international exchange. In the 2000s, young students from the west to the east were facing impressive development. Our members were part of such giant progresses as the EU expansion and the process of EU Law implementation. The outcome of the ELSA PINIL (Project on International Criminal Court National Implementation Legislation) has been the most massive international criminal law research in Europe. The final country reports have been used as a basis for establishing new legislation in many European countries. The outcome still works as an actual resource of information for professionals involved in the ICC. It is obvious that under different periods the focus and importance of legal research has changed. However, it is still at the center of a young lawyers' education and professional development. Regardless of which field of law one has been chosen to specialise in, no lawyer can succeed in his or her career without constant research. In today’s world, international co-operation and sharing of experiences is crucial for being effective. Since ELSA seeks to assist law students in the achievement of the necessary skills of legal research, the Association has organised activity in this sphere for many years. This provides students with SYNERGY magazine
opportunities to improve their academic skills, to increase their knowledge and to begin a serious career. In the centre of the activities within Legal Research in ELSA, are Legal Research Groups. Our organisation offers students and young lawyers the chance to form Legal Research Groups which work independently but report their work to ELSA. The young researchers might work in co-operation with different scientific institutions or other organisations. Legal professionals with sufficient knowledge or relevant expertise usually advise the researchers and review the outcome of research. Concrete outputs of this activity may be publications, articles and presentations at conferences. This year ELSA has special focus on this field of activity that might bring all National Groups to work together on the biggest research project in co-operation with the Council of Europe on Children's Rights – the ELSA for Children Legal Research Group (EfC). The EfC project will become a collection of country reports analysing the state of legislation in the area of Children’s Rights in each member country. Hence, this project will primarily require an enthusiastic approach and consistent work on the part of National Groups. The researchers from 42 member countries are expected to examine the protection of children against sexual abuse in the national legal framework. The wide scale of this project is approved with the strong support from the Council of Europe and specially our Marraine - the Deputy Secretary General of the Council of Europe, Ms. Maud de Boer-Buquicchio. We believe this project to evoke enthusiasm of not only those who have a sincere interest in Human Rights protection but those ones who will create many research possibilities in other fields for future legal development. Legal Research in ELSA aims at contributing to this development and still searching for new, enthusiastic and engaged participants on all ELSA levels. Join in and develop the opportunity in your hands!
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Children's Rights
ELSA EX YU Conference
A Chance for Law Students to Reconnect ELSA groups from the Ex-Yugoslav countries show an example of regional co-operation and unity, based on contributing to legal education and fostering mutual understanding internationally.
I do not care how poor a man is; if he has family, he is rich: No matter Svetlana Kjoseva Mirela Murtič where we go and President Vice President for ELSA the Republic of Academic Activities what obstacles we Macedonia ELSA Slovenia meet, we will always be the lucky ones by having a family like ELSA, which guides us through exceptional experience and involves us in different aspects of professional challenges. As a family we work and grow together and we try to follow the vision of the organisation and improve its position on international level. The best way to do so is to co-operate, help and motivate each other in the process of building a well-organised and governed association. It is up to us, the youth and “young-by-heart” people to repair what was once broken, to expand and improve the bonds that were once divided and build a common future, where respect for human rights will always be our main goal, our guide in enriching and strengthening our ELSA family. Think globally, act locally – and in this case regionally: Maybe the best way to spread the ELSA knowledge and spirit and get more support from possible future partners and supporters, it is first to increase the co-operation on regional level. In this way we have better chances to make positive changes and contribute for the well-being of our organisation. The ELSA EX YU as an event – conference, is a great opportunity for the National Groups of our region to improve their position on international level and in the same time it is a stable mechanism for increasing the level of collaboration and support between our groups. Six National Groups take part in the ELSA EX YU conference, ELSA Bosnia and Herzegovina, ELSA Croatia, ELSA Montenegro, ELSA the Republic of Macedonia, ELSA Serbia and ELSA Slovenia. Until now we had three ELSA EX YU events. The first was organised in Novi Sad, the Republic of Ser14
bia, the second one in Ljubljana, the Republic of Slovenia and this year we had our conference in Sarajevo, Bosnia and Herzegovina. All three events had great subjects of discussion and were organised on a very high level, both academic and social. The events were supported not only by national companies and institutions but also by international ones. The topic of the ELSA EX YU event in Sarajevo was the Convention on the Rights of the Child and was supported by the Office of UNICEF in Bosnia and Herzegovina as an agency of the United Nations and by Save the Children, Norway. This shows their willingness for helping NGOs in fulfilling their mission and at the same time, contribution in the improvement of informal education of law students.
"With regional collaboration we are not only contributing to a higher ELSA EX YU regional awareness, but also trying to reach the common ELSA goal of connecting people." The topic of this conference was, as we mentioned before, Children’s Rights and their protection through the UN Convention on the Rights of the Child. In those three days we gained knowledge on this particular subject through excellent workshops and lectures that were held by experts in this field. The most important thing was that we became aware of the problems of child abuse, homeless children that suffer wars and conflicts, orphans and stateless children that are not present only in Bosnia and Herzegovina. We learned about the importance of the Convention, the values that it is promoting and the mechanisms for its implementation. During the first day we had lectures on the implementation of the Convention and its values. We were also introduced to the work of
Children's Rights UNICEF internationally and particularly in Bosnia and Herzegovina. In the second day we had lectures concerning Mediation and protection of children’s interests; on how social workers are taking care of orphans and on types of child abuse. We had lecturers, who are representatives from the UNICEF office in Bosnia and Herzegovina; Save the Children, Norway; the Ministry for Human Rights and Refugees, the Centre for Social Work, GNRC (Global Network of Religion for Children) and the Faculty of Law in Sarajevo, Bosnia and Herzegovina. Apart from the very well organised academic part, with lectures and workshops, the organising committee of ELSA EX YU Sarajevo 2011, took good care of making the participants feel at home. One of the interesting bonding aspects is definitely the language, which differs from one country to another, but at the same time the common roots and history enable us to understand each other, without using any other worldly spoken languages. It did not matter if we were listening to fruitful discussions on the rights of children, drinking coffee, eating ‘čevapi’ in Baščaršija or taking a walk in the lively Sarajevo streets: We were always enjoying ourselves with friends from different parts of the Ex-Yugoslav region with the main thought and great wish of meeting them again next year at the ELSA EX YU conference in Podgorica - Montenegro. It does not really matter where
SYNERGY magazine
we are; the friendship and the acquired knowledge are always our main priorities. We, the ELSA Ex-Yugoslav countries have the same food, similar language and geographical positioning, but most of all a great wish of taking part in the next conference, where we can contribute to creating a just world in which there is respect for human dignity and cultural diversity. Taking this event on a whole new level: Until now, after three successfully organised conferences, ELSA EX YU was a chance for the once united countries to reconnect, but this time on another foundation, this time the connection is based on ELSA, enabling people to spend time together and talk about important issues and subjects of law. This year an important initiative gathered representatives of each ELSA EX YU National Board and we decided to take the event to another level, opening a whole new chapter. A meeting was organised where we discussed the future of our regional collaboration and what more can be done to enforce the ELSA EX YU connection in different ELSA fields of operation and involvement. By determining some important guidelines of future activities, we are trying to set a solid starting point, from which future regional collaboration could depend on. By doing so, we are not only contributing to a higher ELSA EX YU regional awareness, but also trying to reach the common ELSA goal of connecting people.
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EMC 2
ELSA Moot Court Competition on WTO Law
A Decade of EMC2 The 10 th edition of the ELSA Moot Court Competition on WTO Law marks an important milestone in the progress of the flagship project of ELSA. The competition has extended to a global scale, engaging law students and WTO experts alike in bridging theory and practice in a field of law with an international relevance.
Liisa Oravisto Director for Moot Court Competitions ELSA International
An international Moot Court Competition was one of ELSA’s longest dreams. After a decade, we can say that it is now one of ELSA’s greatest activities and one of the most important for law students all over the world.
It all started during the ICM in La Coruña when Hans Ledered (former VP AA ELSA International) set out a comprehensive plan for implementing the ELSA Moot Court Competition. In 2002/2003 the first edition of EMC2 was finally launched: however it had a rough start. The ELSA Moot Court Competition on World Trade Organization Law is a simulated hearing in the World Trade Organization (WTO) dispute settlement system. The competitor teams represent both the Complainant and the Respondent parties to the Case by presenting oral submissions in front of a Panel consisting of WTO law experts. The Competition provides students with the opportunity to put theory into practice, thereby complementing their formal legal education. When the ELSA Moot Court Competition was first established, the goal was to expand it in Europe, with more national rounds and more involvement from the ELSA Network. An international moot court competition was what was missing in ELSA. Many other student organisations were successfully organising these moot courts and ELSA wanted its own. The topic of the moot court was chosen to be WTO law because there were no other moot courts on the subject at the time and WTO was a growing field of law and of topical interested. Furthermore, WTO law was not usually in the curriculum of European universities which enabled it to expand the legal knowledge of European law students.
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From the very beginning it was set out that 12 teams would participate in the Finals in Geneva, selected either by their written memorials or by competing in one of the 5 National Rounds: Hungary, Norway, Malta, Portugal and Romania. The Final Oral Round of the 1st edition took place in April 2003 in Geneva, in the headquarters of the WTO. At that time the competition counted with the possible participation of 38 ELSA member countries and the USA. In those times teams had to send their Written Submissions in hard copies which were then blocking the passage ways in the ELSA House. In late 2003 ELSA’s International Council decided that the competition should expand and eventually include a maximum of six nonELSA Regional Rounds and so eventually no International Written Round would be needed. This expansion was structured over a ten year period. The expansion started rapidly as already the 2nd edition had a Regional Round in Australia.
"An international moot court competition was what was missing in ELSA. Many other student organisations were successfully organising these moot courts and ELSA wanted its own." Nine editions have passed and we are proud to have EMC² still alive and bigger and stronger than ever due to the great work that the whole ELSA Network, the International Boards and the EMC2 teams have done over the years. The commitment and dedication of the people involved with the competition is absolutely amazing and that is a decisive factor when building the success of the EMC2 and asserting the ELSA Moot Court as the world’s biggest moot court
EMC 2
The winning Team of the 9 th edition of EMC2 at the Final Oral Round at the WTO headquarters in Geneva, Switzerland in 2011.
competition on WTO law. During the awards ceremony at the Final Oral Round of the latest edition, the Deputy Director General of the World Trade Organization, Mr Alejandro Jara, addressed the students and stated that the WTO Secretariat fully supports the EMC2 and it is considered as a valuable training ground for future WTO legal interns. Nowadays we have no limitation for the number of teams participating – all law students around the world can participate. We have two ELSA Regional Rounds; the Asia-Pacific, as well as the All-American Regional Round. This year we are also working our way to establish an African Regional Round and thus extend the possibility of participating to all continents and do our best to complete the plan of the EMC2 set out 9 years ago. The competition is reaching a prominent age as it will be celebrating its 10 th anniversary. The 10 th edition was launched on Thursday, 15 September 2011. ELSA is fortunate this year to have Ms. Meredith Kolsky-Lewis as the Case Author who has prepared a challenging Case for the students.
tricht, and Münster, Germany from 12 th to 16 th of March, 2012, organised by ELSA Münster. The non-ELSA Regional Rounds will be held in Jakarta, Indonesia, from 2nd to 7 th of March 2012, organised by the Univeristas Pelita Harapan (UPH) - Faculty of Law, and in Washington D.C., USA, from 1st to 3 rd of March, organised by the American University Washington College of Law. Unfortunately the competition is far from being as well recognised in ELSA as it is outside of the association itself and we are hoping to this year improve the situation with the help of the power of the anniversary edition. During these ten successful years of EMC2 the prestige of the competition has grown and EMC2 has become a flagship of ELSA. We have many people to thank. We have had the support of many legal professionals contributing as Panellists year after year. The support of the WTO itself is something we are very proud of. Without the Academic Supervisors, Mrs. Letizia Raschella Sergi (Asia-Pacific), Ms. Ieva Zebryte (The Americas) and Dr. Laura Nielsen (Europe), the competition would not be possible. Thank you!
"During the past ten years the ELSA Moot Court Competition has been contributing to the legal education of thousands of law students and that is something that we are proud of, that is how ELSA is achieving the Vision, Purpose and Means."
In order to bring the Final Oral Round closer to the ELSA Network and given the growing global expansion of the Competition, ELSA International chose to rotate the event as per previous year and make a call for an ELSA organiser. Consequently, ELSA France and ELSA Montpellier have been chosen to be the 2012 Final Oral Round Organiser, meaning that the Final Oral Round of the 10 th edition will be held in Montpellier, in May 2012. The International Organising Secretariat will consist of member students from ELSA International, ELSA France and ELSA Montpellier.
The EMC2 combines the best of the academic world: putting in practice the theory that is taught in universities all over the world. The EMC2 brings together students from all over the world to share knowledge, experiences, cultures and ambitions. During the past ten years the ELSA Moot Court Competition has been contributing to the legal education of thousands of law students and that is something that we are proud of, that is how ELSA is achieving the Vision, Purpose and Means.
The ELSA Regional Rounds will be held in Maastricht, The Netherlands from 5th to 9th of March 2012 organised by ELSA Maas-
The EMC2 truly is a selling trademark – let us make the most out of it! Happy anniversary!
SYNERGY magazine
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EMC 2
Partner of EMC2
Supporting the Global Moot Court Competition of ELSA
Philippe Vlaemminck Head of the EU Regulatory & Trade Practice ALTIUS EMC2 Panellist
Delia Orabona Senior Associate at the EU Regulatory & Trade Practice ALTIUS ELSA Int. 2007/2008
Carine Van Regenmortel Managing Partner ALTIUS ELS Member
ALTIUS is one of the leading independent law firms in Belgium with offices in Brussels, Antwerp and Luxembourg, providing a broad range of national and international transaction-related legal services, as well as day-to-day legal advice and high-level litigation and dispute resolution. ALTIUS puts the interests of its clients first and reacts swiftly to their needs and expectations. Our size allows us to be very efficient at competitive fee rates. We put a clear emphasis on providing highquality services in a timely and cost-effective manner. For all tax related issues, ALTIUS works closely with Tiberghien, a leading independent Belgian firm specialising in tax law and estate planning. At ALTIUS and Tiberghien approximately 120 lawyers serve an impressive list of clients in several countries. ALTIUS' practice areas include Corporate and M&A, Banking and Finance, IP and ICT, Employment & Pensions, Commercial and Competition, EU Regulatory & Trade, Real Estate & Regulatory and Litigation. Multidisciplinary teams can be created to address clients’ issues and needs in an integrated manner. ALTIUS has built up significant expertise and experience in the following sectors and industries: Life Sciences and Pharmaceuticals, Construction & Real Estate, Financial & Private Equity, Energy projects, Media & Entertainment, ICT, Automotive, Distribution and Agency, Food and food retail, Hotels, Sports, Gaming & Gambling. 18
In the areas of EU & Trade law, our team has been advising and representing public and private companies, governments, and trade associations before the General Court, CJEU, and the EFTA Court. Several lawyers were also involved in WTO Dispute settlement cases. ALTIUS lawyers also provide in-depth legal assistance in EU regulatory discussions involving the various EU institutions and in the implementation of the EU regulatory framework into national law. In line with the ALTIUS philosophy, the EU and Trade Law Practice is unique in the fact that it does not focus on one general aspect of EU law, but instead provides long-standing experience in different EU and EEA (European Economic Area) regulatory matters, especially concerning the broad range of internal market (and EEA) issues, agriculture, and trade. At ALTIUS, we grasp the commercial considerations which underlie the transactions or the problems our clients bring to us. We regard it as important to fully understand the situation of each client, the markets in which the client operates and the real business issues involved. We aim to build long-term relationships with our clients, with a clear emphasis on providing our services in a timely and cost efficient manner in a globalizing world. ALTIUS is a dynamic law firm where many young lawyers made their first steps into the life of legal practice. Several lawyers have their roots also in ELSA, while others continue to teach law. The interaction with students is therefore of adamant importance to ALTIUS. Supporting the EMC² provides a perfect opportunity to do so. It gives us the change to participate actively in the development of practical and academic legal knowledge in areas of law in which we strongly believe.
ALTIUS, PArTner of eMC2 Providing the legal stepping stones for your business The ALTIUS multilingual EU Regulatory Affairs & Trade Law Team, headed by Philippe Vlaemminck, has years of experience in many different industries and sectors. The team advises on EU Regulatory, customs and trade problems, export control, FTAs and other agreements, the use of TDI, EU and WTO litigation. ALTIUS represents a large number of public and private companies, EU Member State governments and trade associations before the Commission, the General Court, the Court of Justice of the EU and the EFTA Court in preliminary rulings, actions for annulment, actions for damages, infringement cases and interim relief cases.
selected highlights were involvement in: • the WTO dispute: EU – Regime for the Importation, Sales and Distribution of Bananas, • the WTO dispute : US – Measures Affecting the Cross Border Supply of Gambling and Betting Services, • the EU Trade Barriers Regulation investigation into US Internet gambling laws • the EU footwear AD cases
Altius Tour & Taxis Building Havenlaan 86C B414 Avenue du Port 1000 Brussels - BELGIUM
Contact ALTIUS EU Regulatory and Trade Practice: philippe.vlaemminck@altius.com SYNERGY magazine More information on ALTIUS: www.altius.com
T + 32 2 426 14 14 F + 32 2 426 20 30
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EMC 2
Partner of EMC2
Good Will Games Supporting Education, Sports and Nongovernmental Organisations The European Lotteries and La Française des Jeux recognise EMC2 as a valuable competition contributing to legal education of law students globally.
The European Lotteries (EL) is the European umbrella organisation of lotteries operating games of chance for the public benefit. Founded in 1983 in order to facilitate the sharing of information between European State Lotteries and Lottos and to pursue areas of common interest, EL has members from 43 European countries including all 27 EU Member States. The association’s members contribute more than 20 billion EUR p.a. to the state budgets and the funding of sport, culture, social projects, research and other causes of general interest. They are committed to three objectives: - Raising money efficiently for public benefit - Offering all eligible citizens games which are fun, fair and harmless - Promoting and running the business of lotteries and lottos with all due propriety.
With more than €11 billion in stakes, the FDJ network of 35,000 local points of sale is favoured by more than 27 million players. The FDJ’s total contribution to the public interest is considerable. Besides paying out €7.4 billion in winnings, FDJ contributed €3 billion to the French budget in 2011 (levies on stakes, reversal of reserves, corporate income tax and dividends). This included a €212 million contribution by the company to finance grass roots sports through the Centre National de Développement du Sport (CNDS). FDJ is indeed the leading partner of French sports, notably as a responsible sponsor for the past 15 years of a world-class cycling team, and as a patron of sports for 20 years through its company foundation, which has sponsored 335 athletes (Challenge programme) and 450 associations with an annual budget of nearly €2 million. ( http://www.groupefdj.com/ )
EL aims at (i) promoting effective communication between members, the European and international gaming industry, the institutions of the European Union and European Governments, (ii) establishing a forum for the exchange of technical and educational experience and information cooperating with the World Lottery Association (WLA) and the other Regional Associations for Lottery and Sport Betting companies. ( https://www.european-lotteries.org/home.php ) La Française des Jeux (FDJ) is the first gaming operator in France and the second lottery in Europe, with €11.4 billion in stakes in 2011. FDJ, which is both a gaming operator and a public-sector company, aims at satisfying the greatest number of people through an offer of gaming, lotteries and sports betting that is both simple and fun, as well as through responsible innovation designed at better serving its customers and strengthening its commitments to society. SYNERGY magazine
At European level, FDJ works closely with the EL, of which it is a founding active member, to uphold the values of sport and to raise awareness in the sporting world of the risk of corruption. This commitment is evidenced by the Sports Betting Code of Conduct, the resolution on the integrity of sport adopted unanimously last June in Helsinki and the agreement reached with Sportaccord (a body created by global sports federations) to raise awareness in the sporting world of the risk of corruption. EL and LFDJ are delighted to support the EMC² which they believe can bring them closer to the law students community of ELSA. Supporting the EMC² means contributing to the legal education of law students and young lawyers, from different states and legal systems. In this way, EL and LFDJ aim at being closer to society and to the future legal professionals.
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STEP
Student Trainee Exchange Programme
The STEP Team within ELSA – Working Together toward More Traineeships for Our Members The Student Trainee Exchange Programme of ELSA is designed to work as a joint effort by officers on all levels of the ELSA Network from ELSA International to officers on national and local level.
The development of ELSA is hard to imagine without the Student Trainee Exchange Programme, because STEP is an unavoidaIrakli Samkharadze ble part of the Association, sharing its triVice President STEP umphs and decreases from 1984 onward. ELSA International Since its establishment, STEP has evolved rapidly, starting with three international internships and turning into a successful programme with a large amount of traineeships and student applications. Currently STEP as an international exchange programme is the perfect opportunity for law students and young lawyers to practise their theoretical knowledge in different law related institutions, to pursue and build up a legal career and to diversify their cultural background. As we are living in times of increasing freedom for cross-border movement of people, products and business alike, internationality plays an enormous role in modern life. Thus, every inspired law student should lean towards the improvement of their legal skills including the development of international understanding. STEP provides law students and young lawyers with a large variety of possibilities in different countries and areas of law, combined with cultural experience. This attracts hundreds of internationally minded law students and ELSA members to apply for STEP traineeships year after year. STEP was flourishing in the late 1990’s, when it reached a peak with 500 traineeships and over 2,500 applications. During this time the programme answered to an acute demand as emplyers and law students did not have such opportunities to find each other as modern society and the internet provide today. Comparing this "golden age" 22
in STEP to the everyday life of employers and law students today, the needs have changed during the past decade. Thus, the Student Trainee Exchange Programme has had to find its place in the plans and expectations of both law students and employers. What are these changes and what kind of challenges do ELSA officers need to overcome in order to provide even better traineeships? One challenge is to take different internal and external factors into consideration. As active ELSA officers we can always improve our interior structure and practices: focusing on long term cooperation with employers, increasing communication with our expanding ELSA Alumni network and improving the quality of reception for the trainees among others.
"As we are living in times of increasing freedom for cross-border movement of people, products and business alike, internationality plays an enormous role in modern life." One can argue that the current economic crisis is a significant challenge. It is a reality across Europe, influencing the everyday life of citizens and companies alike. The financial crisis has by now stretched across the world, emerging first in developed countries and having already spread to the developing world. This can naturally limit the possibility for employers to hire students in different countries across Europe.
STEP However, I strongly believe that in this environment, when the employment rate throughout Europe is more restricted than before, ELSA is one of the most valuable bridges for law students and young lawyers to find traineeship opportunities in various European countries. Furthermore, by experience I can say that STEP provides a great advantage of further stable employment for the trainee. Interestingly, each year ELSA has a constant number of employers, who are more than happy to host ELSA trainees in their companies and to help them build up a successful legal career. The main reason for this is that ELSA members have proven to be efficient, qualified and flexible trainees. Employers have the advantage of specifying their expectations concerning the trainee. Within our vast Network we are able to find the right candidates for each traineeship position!
"STEP provides a great advantage of further stable employment for the trainee." Strategizing can be appreciated as our solution for keeping the continuity of STEP strong from year to year, bringing it to a stage where the entire STEP team all over Europe is working with each other in a coordinated effort. By planning together, STEP officers make the traineeship programme into a project in terms of following up different activities precisely organised in time. ELSA has created a STEP Calendar which I encourage ELSA groups and STEP officers to examine as an opportunity to offer STEP to the Network as a joint project with a timeline shared on all levels. This cycle, the STEP Calendar, has been introduced a few years ago as a recommendation for STEP officers on how to plan and execute their work in STEP during the entire year. During the International Council Meeting in Palermo in October the STEP Workshop discussed this potential productively and decided to implement the STEP Calendar more effectively. By monitoring the results and structuring our actions, we will be able to find even more employers in different sectors of the legal profession who can benefit from trainees with an international background. In order to provide STEP traineeships for our members, ELSA groups first work on informing potential employers about their opportunities within STEP and agree with them on setting up a traineeship. The available traineeships are collected into the STEP Newsletter where members can find the positions in which they are most interested. ELSA helps members with the application procedure, collects the applications and finds the right trainee candidates for each traineeship position. This saves a significant amount SYNERGY magazine
of time and effort from employers and trainees: The former will only need to assess the best applications and the latter does not need to search online for hours in order to find open positions across Europe. All these stages of the process are included in the STEP Calendar, synchronising the efforts to be conducted each during their own time. As a result, the work of STEP officers across the ELSA Network is more efficient: When the message is spread as a joint effort, it reaches a wider audience. We have been working on finding traineeships, i.e. job hunting from August to February. This will be followed by publishing the STEP Newsletter containing all the traineeships retrieved during the first part of the year. You can find the STEP Newsletter on the ELSA website: www.elsa.org/traineeships. Afterwards, ELSA International will match qualified applications to suitable traineeships and send them to the ELSA group hosting the traineeship. In the end the employer makes the final selection of the trainee and the respective National or Local Group will provide reception for the trainee, making sure that the trainee feels at home in a new country. In accordance with this change in strategy, spring 2012 will be the most active period for STEP with a wave of retrieved job offers which ELSA will promote actively. Therefore, I am addressing law students and our members to keep an eye on the opportunities during spring in order to plan your summer in advance. It is your chance to apply for the traineeships of your interest in March and April and in case you are selected, start moving to another country for better understanding of different legal systems and culture. Turn the page to read an ELSA member's account on taking this opportunity and experiencing STEP abroad. I am looking forward to seeing the results of emphasising the implementation of the Calendar. Through the commitment of STEP officers to this strategy, I hope to see systematic progress. Keeping up the strategy is a chance for ELSA to provide repeated quality traineeships for members and let the programme expand at the same time. With the power of more than 200 STEP officers in Europe we will achieve a better future for STEP. Last, but not least, through Synergy I would like to thank all previous and recent STEP employers for their huge trust for providing us with different job opportunities. ELSA is looking forward to keeping up this collaboration and take further steps. Summing up, prepare for a very dynamic spring in STEP, let us shape a harmony together and bring STEP to a new golden age. It is all up to us! 23
STEP
STEP Traineeship in Croatia
"ELSA once, ELSA for life – Atlantic and I"
I applied for a STEP Traineeship in a Croatian company, Atlantic Grupa, offered by Armela Ramic ELSA Zagreb last summer. I received the President happy news about getting the traineeship ELSA Bosnia and at the beginning of August, which meant Herzegovina being in Zagreb in three weeks. Before the the traineeship I did my utmost best to explore the company's background and to get as much practical information about staying in Croatia. Even though I got much information before leaving to Zagreb, there were still some important issues left, which would be clear for me after the first appointment with my employer.
one in charge of communicating with the necessary institutions in Bosnia and Herzegovina. The legal systems between our countries are very similar, so I had the opportunity to truly contribute with legal insight.
I discovered that an active background in ELSA is a big benefit during a STEP traineeship. Interestingly, the director of the company, Mr. Neven Vranković, is an ELSA alumnus who actually gave me good insight in terms of how to execute successful team work in an international company! Even as an alumnus he still represented ''ELSA Spirit''. And with this I mean his motto: ''There's nothing we cannot do!'', which brought him far in his ELSA career during his studies and even further in his professional career.
Now I am sure, that the STEP Traineeship will help me build up a successful legal career. I am still in contact with my previous colleagues and I had a final meeting with my director and he gave me great advice for my future education and work which will undoubtedly prove to be useful for my upcoming career. It is an incredibly valuable experience to have been a part of such an innovative and inspiring environment each day. I feel that the traineeship experience provides a very rich and practical basis for my future work.
Although Atlantic Grupa is a big company, I was treated in a very friendly and familiar way. When I first came to the company, they invited me to a joint lunch of the department in which I worked. We talked about my education so far, about my future plans, but most of the time we talked about... ELSA!
To sum up, the traineeship was an interesting and significant experience, important for me both professionally as well as personally as it represented an opportunity to develop my personal capacities by gaining new skills through performing various tasks. Inspired by this experience, I decided to embrace the challenge of a master programme, as I was advised in Atlantic Grupa. Currently I'm on my master in Sarajevo, and I'm applying for another LL.M. in USA.
I was working with two lovely ladies as my mentors. My main tasks were to conduct legal research, to participate in solving legal problems and to attend day-to-day meetings. I have to mention, that they put extremely valuable efforts for integrating me to the work environment and for making the traineeship a true learning experience. The company had some big cases related to my country, so I was the
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Being a trainee in Croatia was additional proof for me that STEP is a unique programme, which diversifies our legal knowledge. Everything started with a warm meeting at the bus station, followed by various social activities of my stay in Zagreb. ELSA Zagreb organised a variety of entertaining activities in order to make me feel welcomed and safe in the country. The magical thing about belonging to ELSA is that even in a foreign country you are among friends.
Finally I would like to thank the people from ELSA Zagreb for these unforgettable moments spent with me. At the same time I want to encourage ELSA members to apply for STEP Traineeships, as it is their chance to take a further STEP forward.
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Banking and Finance Law International Summer School Date: 18th - 29th July 2012 Place: Poiana Brașov, Romania Working Language: English Contact Information: Alina Ciocoiu E-mail: bfl@bucuresti.elsa.ro Website: summerschool.ro
JULY
EMC2 Final Oral Round Date: 5th - 13th May 2012 Place: Montpellier, France Working Language: English Contact Information: Liisa Oravisto E-mail: mootcourts@elsa.org Website: www.elsamootcourt.org
MAY
IFP Mid-Evaluation Conference: “Mental Health & Human Rights” Date: 16th - 22nd April 2012 Place: Trieste, Italy Working Language: English Contact Information: Antonella Biasi E-mail: ifp@elsatrieste.it Website: www.elsatrieste.it
APRIL
ELSA Istanbul International Law School on Mergers & Acquisitions Date: 22nd - 29th July 2012 Place: Istanbul, Turkey Working Language: English Contact Information: İdil Mahmutoğlu E-mail: president@elsa-istanbul.org Registration deadline: 1/7/2012
13th International Summer Law School: “Human Rights and Globalization” Date: 22nd - 29th July 2012 Place: Zadar, Croatia Working Language: English Contact Information: Marko Dolenec E-mail: elsa.zg.sc@gmail.com Website: www.elsa-zagreb.hr Registration deadline: 01/06/2012
International Law and Arab Spring International Summer Law School Date: 22nd - 28th July 2012 Place: Working Language: English Contact Information: Sarah Reitema E-mail: vpsc@elsarotterdam.nl Website: www.elsarotterdam.nl Registration deadline: 1/5/2012
ELSA Events Calendar 2012
International Summer Law School on Sports Law Date: 12th - 19th August 2012 Place: Nantes, France Working Language: English Contact Information: Cassandra Fernandes E-mail: sls2012@elsafrance.org Website: sls2012.elsafrance.org Registration deadline: 12/5/2012
ELSA Lithuania International Summer Law School on Internet Law Date: 8th - 12th August 2012 Place: Vilnius, Lithuania Working Language: English Contact Information: Eglė Bareikytė E-mail: summer_school@elsa-lithuania.org Website: www.elsa-lithuania.org Registration deadline: 8/7/2012
International Summer Seminar 2012: “Energy Law and Sustainability” Date: 6th - 12th August 2012 Place: Copenhagen, Denmark Working Language: English Contact Information: Maria-Christina Binau-Hansen E-mail: ss12@elsa-cph.dk Website: www.elsa-cph.dk Registration deadline: 6/4/2012
CMS_LawTax_CMYK_over100.eps
Registration deadline: 15/6/2012
Legal Challenges on Energy and Environment Summer School Date: 22nd - 27th July 2012 Place: Lisbon, Portugal Working Language: English Contact Information: Maria Teresa Lopes Capela E-mail: tesouraria.elsa.ucplisboa@gmail.com Website: ucplisboa.elsaportugal.org Registration deadline: 9/5/2012
Date: 18th - 29th July 2012 Place: Poiana Brașov, Romania Working Language: English Contact Information: Dediţă Olivia Laura E-mail: libtw@bucuresti.elsa.ro Website: summerschool.ro Registration deadline: 15/6/2012
SYNERGY magazine
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XLV International Presidents’ Meeting of ELSA Date: 22nd - 26th August 2012 Place: Paris, France Working Language: English Contact Information: Alexandra Maupas E-mail: president@elsafrance.org Website: ipm.elsafrance.org Registration deadline: 15/5/2012
International Summer Law School on World Trade Organisation Law Date: 27th July - 5th August 2012 Place: Tihuta, Romania Working Language: English Contact Information: Tymea Sojka E-mail: tymea.sojka@hotmail.com Website: www.cluj-napoca.elsa.ro Registration deadline: 15/5/2012
AUGUST
International Conference on Intellectual Property Law Date: 2nd - 6th September 2012 Place: Bucharest, Romania Working Language: English Contact Information: Anca Hotăranu E-mail: ancahotaranu@yahoo.com Website: www.bucurest.elsa.ro Registration deadline: 31/7/2012
International Summer Law School on Dispute Resolution Date: 26th August - 2nd September 2012 Place: Vienna, Austria Working Language: English Contact Information: Adi Bikic E-mail: director.ls@elsa-wien.org Website: www.elsa-wien.org Registration deadline: 15/5/2012
SEPTEMBER
At home in Europe
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Studies Abroad
Studies Abroad
"Improving our skills through international education"
It was a hot summer day in Frankfurt when I boarded the plane to Pittsburgh where I had to change to the plane to InDr. Sabrina Salewski dianapolis, Indiana. An exciting, wonderLL.M., Indianapolis ful and enriching year of studies abroad CMS Hasche Sigle lay ahead of me but when I said goodbye to my family and friends at the airport, I almost caught myself thinking, “why again am I doing this?” So why did I choose to spend a year at Indiana University School of Law – Indianapolis and to get my Master of Laws (LL.M.)? One aspect was, obviously, the language. Especially since the English language is of utmost importance in international business law, it is almost impossible to work in an international law firm without proper English skills. Studies in an Englishspeaking country can help to improve one’s language skills and simply facilitate the day-to-day conversation with clients. Therefore, law firms appreciate that an applicant has studied abroad. Another aspect was the difference between the German civil law system and the American case law system about which I wanted to learn more.
" From a career perspective, you should consider whether you specialize in a specific area of law and look for specialized study programs." Although today, I do not need the content of my study subjects in my daily work, it is helpful to understand different approaches to the law and thus better understand the client’s wishes. Furthermore, studies at an American university were very different from SYNERGY magazine
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what I knew from Germany. The law school offered a variety of classes and seminars, moot courts and conversation clubs. Classes were smaller, and the professor acted more as a moderator of legal discussions than as a lecturer. Finally, one should not forget the cultural enrichment of studies abroad. The students in my LL.M. program came from all over the world and brought different views, hopes and expectations. Also, America is a very diverse country. Despite different cultural and ethical back-grounds, the people consider themselves to be “American” and are very proud of being American. Since Germans are always hesitant to be proud and patriotic due to our history, this was a new experience to me. If you seriously intend to study abroad, it is inevitable that you plan well ahead. Especially an LL.M. program in the United States is very costly and you should look for appropriate funding about a year before. Inform yourself about possible scholarships, start saving money or ask your family, law firms or other institutions if they are willing to support you. Furthermore, from a career perspective, you should consider whether you specialize in a specific area of law and look for specialized study programs. Then, start looking for the appropriate law school. During my stay in Indianapolis, a lot of people asked me why I chose Indiana and not a “more interesting” place. However, I intentionally decided to do my LL.M. at a smaller university where I was the only German and where I hoped to experience the “real American way of life”, which I did. I experienced the people in Indiana to be very friendly, welcoming and open-minded. They were eager to learn about my country and cultural differences. And at that point, I started to be proud of being German. 29
Studies Abroad
LL.M. at Queen Mary School of Law
"Mind the Gap!" ELSA members share their experience of studing in London at Queen Mary School of Law, an LL.M. Partner of ELSA. Moving a broad for a year in a top LL.M. programme is a prime opportunity for improving your skills, developing an international point of view on law and for bringing added value to your CV.
September 2011, an overly busy city, unfamiliar Guillermo Andres Beka Dzamashvili places, unfamiliAlberola President ar faces, a strange Vice President Seminars & ELSA Georgia Conferences voice: Mind The ELSA Spain 2010/2011 Gap, Lecture Theatre, an overcrowded audience, considerate faces of professors, a lot of information – trying to catch everything, feeling confused – module registration, first lectures, first friends, lots of readings, an overly busy city, some familiar places, some familiar faces, Mind The Gap, no more confusion, enjoying every single day, the end of the first term - realizing that “you are in”. The paragraph above best describes the experience of all Queen Mary LL.M. (Master of Laws) students so far, from the initial confusion to the enjoyment of studying in an international environment. Generally, doing a master abroad is highly beneficial due to several reasons: International society always consists of people with various cultural backgrounds and their comparison with one another gives you the possibility to find out more about your own perceptions, beliefs and values. Experiencing different cultures will greatly help you to break the existing stereotypes about other nations and to build up new approaches. International experience is a critical and impressive part of any resume that certainly expands your employment opportunities and, consequently, your income potential. Globally30
minded employees are in high demand nowadays. Many companies and also governments seek out individuals with multi-lingual and multi-cultural experience and skills. Being an international student, you are lucky enough to make a great network of friends around you throughout the world. You cannot even imagine how close you will get to your classmates until you experience it yourself. The student life is really intense: whatever you like, you will find it here. The amount of student clubs you can join is really surprising: gym, theatre, chess, kickboxing, French literature, heavy metal and more. Accordingly, considering living in another country is always a huge challenge even if you have been at university in a different city. However, there is no reason to be afraid of the experience. In fact, just a couple of months later you will feel as if you where at home. This time will have a great effect on you at all levels, in a truly positive way. Studying in the UK entails some further connotations. Firstly, it is undeniable that British universities truly offer a very high quality of education especially in the field of law. However, suffice it to say that if English is not your first language, this is the right place to build up your proficiency. Of course, this is not for you if you think that law is just a national topic and international legal studies would be useless. Fortunately, if you are an ELSA member, you already know that the scope of legal studies is not limited by national borders. If you are not convinced yet, you should take into account that exercising your legal skills in a different system, even in a different
Studies Abroad language, is a fascinating intellectual challenge which will benefit you in many different aspects. Moreover, we all know that globalization requires professionals with international experience, and studying abroad is the best option for acquiring it. For ELSA members, there is one very special university within UK, the Queen Mary University of London – LL.M. Partner of ELSA. It is truly a matter of pride to meet many students and professors within the Law School who are quite aware about our Association. Some of them are even current members of ELSA and others have heard about it at least from their friends. This is a unique possibility outside of the Network to feel how international ELSA is. But, still you can be charged with ELSA Spirit by attending national events of ELSA United Kingdom, which is a great opportunity to make your time here even more enjoyable by meeting new ELSA colleagues. When it comes to the academic part, from today’s point of view it can be said without any reservation that the University not only meets students’ expectations but it has an effect of positive astonishment. We are not exaggerating when we state that it is the perfect place for doing an LL.M. Let us explain what makes studies at Queen Mary exceptional.
"It is a life-time experience where you are in a constant state of exploring, learning, surviving, enjoying, Minding The Gaps and filling them up." Firstly, you spend one whole year in London – the Capital of the world and an educational, financial, cultural and political centre. Your free time will not be free anymore: football, tennis, museums, musicals, shops and many other activities are available for you to enjoy. It is the city that reminds you every time that you have to Mind The Gap. When it comes to University life, Queen Mary School of Law has another significance. Rich library resources, brilliant technical appliances, experienced academic staff, extremely international groups, cross-cultural experience, considerate and helpful administration. The lectures are not monotonous, and students are fully involved in discussions as everyone has the possibility to express ideas and raise “dissenting opinions”. You are not simply studying here but rather exploring and learning. You are learning, on the one hand from one another, and SYNERGY magazine
on the other hand from yourself. Professors not only help you to develop individual skills but give you possibilities to discharge group duties and share team-player experience. Moreover, you have unique possibilities to take an active part in ongoing “legal life” by drawing up your own drafts for International Conventions or visiting the leading judicial institutions inside London and throughout the world. Of course, as you are studying in one of the top UK universities, the LL.M. is a demanding course. Keep in mind that this is not an exchange year like Erasmus. You are here because your objective is to reach excellence in a particular field of law. Reading lists are not short, and sometimes you will find difficulties with some of your tasks. But this is not a problem. Learning how to solve problems by yourself is what you are looking for. After a while, you will discover how satisfactory your work can be. Feeling that you have taken the right decision by coming here is something priceless, we promise. Moreover, Queen Mary offers you a wide range of options, so you can choose your way with absolute freedom: more than 100 modules, and 17 specializations, from Intellectual Property to European Law. To sum up, it is a life-time experience where you are in a constant state of exploring, learning, surviving, enjoying, Minding The Gaps and filling them up. If this is not the best year of your life, for sure it will be part of the top ones. It is a pity that, as one of our supervisors told us during our induction program, “Time runs bloody fast”! 31
Studies Abroad
ELSA - CBL International China Law School
Experiencing China with CBL International
Last summer I participated in the China Summer Law School through CBL International. I want to encourage also other ELSA members to let go of the Armin Khoshnewiszadeh comfort of their native country and to Vice President travel abroad for an academic experiSeminars & Conferences ELSA Oslo ence. The summer school took place over three weeks; two weeks spent in Shanghai and one in Beijing. Beforehand I did not know what to expect, but that is the exciting part about traveling! We were taught in several topics of law and business, combining two areas which traditionally are studied separately. Also, the participants were a mix of law, business and economy students. This enabled discussions to bear more substance as experiences from different fields were mixed together. For the most part, the courses that were taught had one overall goal; to give the students a greater understanding of China - politically, economically and even culturally. Having classes in Chinese economy, legal system and legislative process did certainly help to that end. But also our numerous field visits to small and large businesses, advertising agencies and chambers of commerce were invaluable in giving us a greater understanding of Chinese society. There was also plenty of time to explore Shanghai and Beijing, both organized by the Summer School and on our own. For example, we visited two of China’s most famous sites, the Great Wall and the Forbidden City. Visiting an activity center for elderly people was among my favorite excursions: The members had prepared an amazing presentation for us with music and song. What struck me most was their vitality and fervor to learn new skills, such as learning English. The point I want to highlight in this article is not only that I recommend the CBL International China Law School, but rather all the positive aspects of enjoying an academic experience abroad. Through my experience in China I learned a lot and the knowledge I truly will value is not in the purest academic form. I have
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learned a lot about China just simply be being there, and experiencing it from day to day. During an international course such as this, one meets new people and has the opportunity to develop language and soft skills by having to speak a language one does not use every day, with people from around the world. Maybe the most important reason to travel abroad is to understand and learn more about the diversified world we live in. And thus do justice to what I believe to be the absolute core value of ELSA: “A just world in which there is respect for human dignity and cultural diversity.”
ELSA - CBL International
Global Partners:
China Law School 3-week China Experience 30 July - 17 August 2012
Local Partners:
3-week law lecture programme held in China Experience Shanghai and Beijing—hubs of global trade and cities of the future Visit innovative law firms in China Learn about Corporate Law, Start-up in China, Intellectual Property Law, Chinese Labor Law, and M&A in China Enlarge your professional network: meet international world-class professors, lawyers, and managers Earn up to 10 ECTS credits towards your degree Apply early and save money Held at:
www.cbl-international.com/elsa
Studies Abroad
LL.M.: Law and Technology
"Modern communication technology as a key to successful transition" In the autumn of 2012 Tallinn Law School at Tallinn University of TechProf. Tanel Kerikm채e Prof. Katrin NymanDirector Metcalf nology will launch Tallinn Law School Head of the Chair of Law a new specialised and Technology, Tallinn international MasLaw School ter programme in Law and Technology. This will be an exciting addition to existing international Bachelor and Master studies that cover EU law and international law, as well as public and private law. Until now Tallinn Law School has a number of interesting initiatives in other legal areas, such as a special training program in Migration and a Refugee Law and Refugee Law Clinic in which students give free legal councelling. Furthermore there is a Human Rights Centre, monitoring human rights protection but also covering the area in our academic curricula.
past two elections and from 2011 we are able to vote also by mobile phone. The integrated state database system X-road, accessible by ID-card, provides all essential public services in one place and is used as a model by many countries. The Estonian government was one of the first to have its sessions on-line in real time. Estonia also has a larger proportion of use of commercial e-services than many other countries. Many countries use Estonian e-governance as a model. Benefits of e-governance do not appear automatically but for lawyers is it important to see how the above mentioned new technologies can contribute to the positive development and how they have influenced the transition in Estonia. Understanding this helps to see how solutions can be used as models for other transition countries.
More than a decade of continuous development (with the support of Jean Monnet grants from the European Commission) has provided high quality study and research activities in European Union law and has brought a growing amount of foreign students to us. The internationally experienced teaching staff is carefully selected and we have co-operation agreements with several large law firms.
Among legal implications are issues of data protection, intellectual property, communications regulation as well as administrative law and competition law (dominant positions, access to infrastructure, state aid). There must be legal reforms to support the beneficial use of new technologies and combat new dangers like risks for data protection, cybercrime or even cyber-warfare. Legislation must not only support and promote developments but also protect against risks.
One of the fields of innovation where the emerging law plays a significant role is technology. Some years ago the Law School introduced a Chair of Law and Technology. We quite often get the question both from colleagues of other departments within the University of Technology and from legal colleagues from other universities, what is law and technology and why create such a unique chair in Tallinn? Estonia is leading in the world in many e-government related areas, for example we have been able to vote over the internet in the SYNERGY magazine
"For lawyers is it important to see how new technologies can contribute to positive development."
Law and technology is thus not one subject but a heading for many different ones, where the question how technology influences law and how law influences technology is an overarching issue. Another challenge is always when there should be legal regulation? Should it come early so there is no fait accompli created by technological progress? But then, might it not stifle innovation? A Master degree in Law and Technology is a very good way to start tackling these key issues of the present and the future. 33
Studies Abroad
The Coucil of Europe: The HELP Programme
A Council of Europe Project on Human Rights Education for Legal Professionals An opportunity to increase your knowledge of the European Convention on Human Rights and to “help” in preparing your future professional career.
Roberto Rivello HELP Programme Manager The Council of Europe
Education is a human right, conferred in international law and particularly in the European Convention on Human Rights (ECHR), where it is affirmed in Article 2 of its first Protocol of 1952.
Human Rights education is a pillar for the development of international law and an essential aspect of the core mission of the Council of Europe (CoE). Legal training on the ECHR constitutes a fundamental part of the education of every contemporary European jurist as it is up to national institutions to guarantee the protection of human rights and the application of the ECHR. This means that every judge and lawyer should be familiar with the case law of the European Court of Human Rights (ECtHR), which has developed to an extraordinary extent in the last fifty years, in order to apply it in national proceedings. This is even more evident in European Union (EU) member states after the entry into force of the Treaty of Lisbon, which provides for the EU’s accession to the Convention. The role of national courts and authorities was strongly underlined by the CoE Committee of Ministers in the 2010 Interlaken Declaration on the Future of the ECtHR, reiterating the obligation of the States Parties to ensure that the rights and freedoms set forth in the Convention are fully secured at the national level and calling for a strengthening of the principle of subsidiarity. Therefore a solid and up-to-date expertise on the ECHR is no longer something which is only useful for a small number of legal professio34
nals practising in Strasbourg. On the contrary, today every European judge, prosecutor or lawyer must be well versed in the ECHR, the ECtHR case law and their application and implementation in his/ her everyday judicial work. Unfortunately, this knowledge is not yet widespread and this is one of the main reasons for the overly high volume of cases being submitted to the ECtHR. Two simple observations can be made: firstly, given that national courts could and must directly apply the ECHR, many cases could have been decided at the national level had the national judge applied the relevant provision and case law; secondly, simply by looking at the huge quantity of applications addressed to the ECtHR that are manifestly inadmissible, it is obvious that many of them would not have reached Strasbourg had they been drafted by well-trained lawyers. On the other hand, for those legal professionals who have acquired the relevant ECHR skills and knowledge, it potentially constitutes a big boost to their career.
"Legal training on the ECHR constitutes a fundamental part of the education of every contemporary European jurist." The CoE programme on Strengthening professional training on the ECHR – European Programme for Human Rights Education for Legal Professionals (the HELP Programme) aims precisely to facilitate this process, giving “help” to all legal professionals, perfecting methodologies for human rights training and self-learning and developing and disseminating the materials and tools necessary to acquire the relevant ECHR skills and knowledge.
Studies Abroad
s at: Visitwu e -school.d w w w.la
Until recently, the HELP Programme was limited, for budgetary reasons, to a group of target countries made up of Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Croatia, Georgia, Moldova, Montenegro, Russian Federation, Serbia, “The former Yugoslav Republic of Macedonia” and Ukraine. However, in 2011 Bulgaria and Turkey joined HELP and from January 2012 the Programme has been extended to all 47 CoE member states. Now it is also specifically addressed to lawyers, in addition to judges and prosecutors, and in the following months the HELP network will include national Bar associations. Another important novelty, the most interesting one for law students, is that since November 2011 the majority of HELP resources are now available in several languages on a new, updated and expanded website. You can login at http://www.coe.int/help and self-enrol in the different courses. The HELP website is addressed to all legal professionals and to all people interested in human rights, providing free of charge on-line access to a substantial amount of materials and tools for education on the ECHR. The types of resources range from thematic curriculum content through case studies, lecture notes, slides, and
SYNERGY magazine
videos, to self-learning E-courses aimed at illustrating the ECtHR’s case law and the Court’s principles of interpretation, handbooks on the ECHR, methodology and Key Concepts, glossaries and so on. It is possible to search by article of the ECHR, or by theme. The website is also used as a platform for distance learning courses and hosts forums to stimulate discussions and debates on Human Rights issues. HELP materials could already be useful for law students as additional readings to prepare faculty of law programmes and as a tool to pave the way for their future career. Apart from these extensive learning and training resources available to anyone who wishes to increase their level of knowledge of the ECHR, the HELP Programme also includes an increasingly important peer-to-peer, or networking dimension. The European HR Training Network (HELP Network), made up of the NTI representatives to the HELP Programme, through bilateral and multilateral meetings has provided the structure for dialogue and co-operation among member states and has facilitated the exchange of good practice and experience among those responsible for initial and in-service training of judges and prosecutors. The HELP network has develo-
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Studies Abroad ped specific ECHR training methodologies, outlines and courses, mainly directed at and reserved for human rights trainers, for their introduction into NTI curricula. Training legal professionals means training addressed to highly educated adults: a HELP manual on training methodology provides guidance on the principles of educating/training adults and practical information about how to apply the theory and how to organise a training event. The inclusion of human rights in educational curricula, particularly in higher education and professional education institutions, already has quite a long history: let us remember just a milestone and a couple of CoE recommendations, among many others, that constitute the basis of this HELP Programme’s objective.
"Legal training on the ECHR constitutes a fundamental part of the education of every contemporary European jurist as it is up to national institutions to guarantee the protection of human rights and the application of the ECHR." - The World Conference on Human Rights, in 1993, with the Vienna Declaration, called on States and institutions to include human rights and rule of law as subjects in the curricula of all learning institutions, at every level. - CoE Recommendation (2010) 7 of the Committee of Ministers, introduced a CoE Charter on Education for Democratic Citizenship and Human Rights Education, giving a general definition of “Human rights education”, a “lifelong process”, and ruled that Member States “should promote, with due respect for the principle of academic freedom, the inclusion of human rights education in higher education institutions, in particular for future education professionals” and “should initiate and promote research on human rights education”.
ensure that the Convention is effectively applied, in light of the case law of the Court, by public bodies including all sectors responsible for law enforcement and the administration of justice. The Recommendation invited member states to ensure that appropriate education on the Convention and the case law of the Court is included in the curricula of university law degrees and Bar examinations as well as in the continuous training of judges, prosecutors and lawyers. This 2004 Recommendation was the basis for the creation of the earliest version of the HELP Programme, in 2006, with the aim to assist member states with its implementation. In 2009, a first stage in this process was substantially accomplished, when all NTI confirmed the inclusion of specific ECHR training activities in their curricula. Conversely, the HELP network established that, while most member states had formally integrated human rights into their mainstream courses, the level of this integration varied greatly and was still in its early stages in several states. Furthermore, those working in the field of human rights training found keeping up with the large amount of ECtHR case law to be particularly challenging. Therefore, a second edition of the HELP Programme was launched in 2010, funded by the Council of Europe’s Human Rights Trust Fund (HRTF). The current objectives of the HELP Programme are to provide the necessary know-how, tools and materials to deepen the level of integration of ECHR training in the initial and continuous training programmes of member states, to be addressed not only to the NTI but also directly to all legal professionals. A better knowledge of the ECHR contributes to reducing the number of applications reaching the ECtHR. Moreover, it helps foster and consolidate a culture of the full respect for human rights, for every individual, a key objective of the CoE.
- CoE Recommendation (2004) 4 of the Committee of Ministers, on the European Convention on Human Rights in university education and professional training, after recalling that measures in the field of education and training are crucial in order to ensure the implementation of the ECHR at national level, stressed the particular importance of appropriate university education and professional training programmes in order to The European Court of Human Rights in Strasbourg 36
Network
Membership of ELSA Azerbaijan
Extending the ELSA Vision to Azerbaijan A group of law students from various universiElshan Bayramov Khanlar Agalarov ties in Azerbaijan President Vice President for ELSA Azerbaijan Academic Activities were inspired and ELSA Azerbaijan extremely thrilled about ELSA’s opportunities. Taking into account that there was no existing ELSA group in our country, we decided to take the initiative to establish a successful ELSA group in Azerbaijan. After a fruitful meeting on 31st of June 2010 where the most active law students from different law faculties gathered, we decided to apply for Observership of the largest student organisation acting in the field of law – the European Law Students’ Association! Our first National Council Meeting was highly welcomed by the Azerbaijani Law Community and several high ranked state officials and law professors attended the meeting. We also had international guests including the President of ELSA International for the term of 2010/2011, Óscar Lema Bouza, the President of ELSA Germany 2010/2011, Philip Hagedorn, and a trainer from the International Trainers’ Pool, Rudolf Cristoph Reiet. Representatives of the media prepared a detailed reporting on several television channels. This played a crucial role in popularisation of ELSA’s Vision among the members of Azerbaijani Law Society. Promotion of ELSA through the first NCM of ELSA Azerbaijan played the greatest role in attracting attention of all law society to our Association. During our second NCM, we decided to present our Membership application to the International Council Meeting and during ICM Palermo in the fall 2011 the Council approved it. Nowadays we are planning a lot of projects in the scope of the International Focus Programme of ELSA, on Health Law. In the main role is our National Moot Court Competition which has already began among the law faculties of Azerbaijan. ELSA Azerbaijan decided to organise a Moot Court Competition as a pilot in our native language in order to pro-
SYNERGY magazine
vide better introduction, acquaintance and preparation for the law students of Azerbaijan to the ELSA Moot Court Competition on WTO Law on international level. All in all, ELSA Azerbaijan has attended four international meetings so far: ICMs in Alanya, Poznan and Palermo and an IPM in Tbilisi. During these events we have established strong relations with the other members of the ELSA family. We have made a lot of friends, and these friendships last still today and contribute to our integration to ELSA. As the representatives of ELSA Azerbaijan we believe that, we should contribute to this Network by holding seminars and conferences, various competitions, and acting in the field of STEP. The ICM in Alanya in the autumn 2010 was where ELSA Azerbaijan got its Observership status. Thus the greatest moment of the ICM was when ELSA Azerbaijan became officially part of the ELSA Network by the majority of votes. We were happy and motivated to contribute to this Network, and this success was the success of all Azerbaijani law students. One of the greatest moments in the history of ELSA Azerbaijan, without a doubt was the ICM in Palermo in fall 2011. The President of ELSA Azerbaijan, Elshan Bayramov, Head of the Delegation, Khanlar Agalarov, Vice President for STEP, Aynur Hajiyeva, and Vice President for Seminars and Conferences, Melekhanım Rahimova, participated in this unbelievable event. At this event the Network believed in us and in our future together. It gave us a new enthusiasm for our work in ELSA Azerbaijan and was an additional incentive for working harder and harder. We believe that law students will gain academic quality of foreign legal systems and business practices through the wide range of activities and international cooperation of ELSA. Global challenging, good administration, management and teamwork skills, practical business experience and sharing European values will be the new opportunities for Azerbaijan law students through ELSA.
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Institutional Study Visit
ELSA Rijeka in The Netherlands
"Institutional Study Visits are worth our while!" Institutional Study Visits are one of the many forms of international education which ELSA provides - an opportunity for members to experience law in practice and to improve their skills. Furthermore, most Institutional Study Visits become life-long memories for participants. This was the case for the ISV group of ELSA Rijeka.
Individually, students take part in Institutional Study Visits for different reasons, some for the sake of having a good time Doris Bogunović President and socializing, others for discovering and ELSA Rijeka broadening their knowledge or personal development. Nevertheless, all of the above is worth of partaking. As ELSA members, we have an opportunity to enrich our knowledge, both practical and empirical and to profile our goals and orientations through meeting new cultures and legal systems.
European state of mind. Despite the remarkably high general level of education in Europe there is a significant contrast between the appliance of practical and theoretical knowledge. The two interact making it impossible to apply sole theory without legal background experiences.
Experiences which include both travelling and learning something new inevitably lead to improvement of academic performance by breaking stereotypes, reducing philistinism and enhancing our views of the idea and the concept of cultural diversity. There are multiple reasons to practice and take part in international visits. They ultimately encourage the participants to stand out as motivated and confident students while gaining an international perspective.
The message we are trying to send is: Fix your decks and sail away!
It is a well-known fact that there is a certain correlation between education and the academic level of the society. ELSA Rijeka has laid the groundwork to a well-established path of influencing the factors which lead to individual academic development of our students. In order for the student participants to take full advantage of their qualifications in their future endeavours there is a necessity of caving the walls of narrow-minded beliefs while trying to grasp the 38
But the crack in the deck could efficiently be reconstructed within a few steps. Institutional Study Visits provide educational opportunities for all ELSA members to develop their full potential as individuals and possible future leaders.
"As ELSA members, we have an opportunity to enrich our knowledge, both practical and empirical and to profile our goals and orientations through meeting new cultures and legal systems." At the end of each year ELSA Rijeka organises a visit to legal institutions of a European country and it has been proven to be a valuable experience. As it is stated and highlighted trough the goals of ELSA we need and strive for “a just world in which there is respect for hu-
Institutional Study Visit man dignity and cultural diversity” and Institutional Study Visits are the best way to achieve it.
Prior to the ISV the feedback was consisted of mediocre and superficial responses.
Each subsequent year is accompanied by an increasing turnout. Because of the high demand for visits abroad, in ELSA Rijeka Institutional Study Visits are designed in a way that only motivated students, ambitious and hardworking, can take part; which leads to positive competition among us.
After the ISV 6 out of 21 people started identifying ELSA with a broad range of possibilities referring to it as an “opportunity”, 5 out of 21 thought ELSA was an “investment” and the entire group appreciated the effort invested in the organisation of the Institutional Study Visit. And we made a difference!
With a professional educational visit to the legal institutions of the Netherlands we enabled our students to broaden their knowledge in legal topics which are applicable to the development of the legal system of Croatia. Furthermore, we had a chance to explore the possibilities of economic and educational cooperation between Croatia and the Netherlands throughout the conversations held with the Croatian ambassador Vesela Mrđen Korać, her adviser Luka Alerić and both her secretaries.
"Institutional Study Visits provide educational opportunities for all ELSA members to develop their full potential as individuals and possible future leaders."
ELSA Rijeka organised a questionnaire about ELSA for the participants before and after the ISV and I’d like to refer to the response we got when the question “What do you think ELSA is?” was raised.
Students who participated are members of ELSA Rijeka, mostly third year students who completed their course on International Law, International Criminal Law and European Law and thus have acquired the necessary knowledge to participate in lectures which
The Institutional Study Visit group of ELSA Rijeka in front of the International Court of Justice in The Hague
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Institutional Study Visit were held in the Courts. Students were introduced to the work of the International Court of Justice (ICJ). It is the principal judicial organ of the United Nations with its seat in The Hague and dealing with questions regarding international law. The ICJ was established by the Charter of the United Nations in 1945. We had a thorough presentation by the Information Officer on the functioning and jurisdiction of the Court with a brief summary of the most known disputes held before the judges of the ICJ. With the assistance of Jan Kralt who is in charge of the group visits on the International Criminal Tribunal for former Yugoslavia (ICTY) we were acquainted with the work of the Prosecution and the Defense. The ICTY was established under the United Nations to deal with war crimes which took place in the Balkans during the 1990's. As well, we have participated in a lecture of the Department of victims and witnesses at the tribunal and visited the Detention Unit for convicts in The Hague but our enthusiasm multiplied after witnessing the trial of Radovan Karadžić and Ratko Mladić on the ICTY, which was a once in a lifetime experience. Furthermore, we visited the International Criminal Court (ICC) where we attended lectures on the history of the Court, judicial proceedings and conflicts of jurisdiction. The ICC is a permanent independent tribunal established in 2002. The ICC has a cooperative relationship with the United Nations. During our visit, the lectures held were similar to classes; we had an opportunity to actively participate by reviewing the laid facts both with other present groups of students and Officers of the Court. Subsequently, we proceeded to the German Katanga and Mathieu Ngudjolo Chui trial who are accused by the Democratic Republic of Cuba as responsible for the crimes committed on 24th of February 2003, during the assault on Bogoro village in the Democratic Republic of Congo (DRC). This violence was a part of the Ituri conflict caused by ethnic tension ithe Ituri region of DRC which flared espcially during 1999 to 2003. These institutions were visited in co-operation with the Embassy in The Hague. Luckily, we had an opportunity to meet the entire staff on the last day of our journey. The Croatian ambassador kindly welcomed us with a prepared meal for the entire group and the afternoon just flew by with a pleasant conversation supported with various questions related both to politics and Law. From that point until now the flame and the enthusiasm which arose from our experiences in The Hague has not subsided. The memory we will always passionately keep is definitely our visit to the ICTY. After the lectures we proceeded to the trial of Ratko Mladić, former Bosnian Serb military leader who brought a great deal of grief to the 40
inhabitants of former Yugoslavia during the 1990's. He was indicted in 1995 by the ICTY for what are considered the worst crimes in Europe since the Second World War, including genocide, war crimes and crimes against humanity. However, he was arrested 16 years later, in 2011. We sat in the courtroom and in a brief while he was introduced. After entering the courtroom he turned to the spectators area saluting with a big smile on his face which expressed his opinion about his actions. It was a moment which cannot be literally described nor retold. You had to be there to feel it.
"The flame and the enthusiasm which arose from our experiences in The Hague has not subsided. The memory we will always passionately keep is definitely our visit to the ICTY." Due to his bad health we are probably among the last people who had seen him alive. Witnessing his trial and being aware of the fact that we were present at a historical moment both excites us and forces us to work even harder because there is still a vast number or places to see, things to learn and experiences to live. Our Institutional Study Visit to The Hague was just the beginning! After returning to Rijeka we organised workshops during which we tried to enrich both theoretical and empirical knowledge of International and European law with practical experience and the content adopted during the institutional visit. We introduced our students to the controversial topics of the current politics of the visited country and tried to encourage the development of the idea of productive co-operation caused by common interests which should be one of our long-term goals. In these seven days, we participated in lectures on the functioning of international institutions and as well the embassy and successfully broadened our knowledge! Besides getting acquainted with the work of the listed institutions, our goal was to explore the possibilities of economic and educational co-operation between Croatia and the Netherlands as I’ve mentioned earlier. Furthermore, we have gotten acquainted with a foreign legal system and making us one step closer to the academic elite which we as law students with an international mind-set are silently aspiring to. During our education we are taught that the most successful form of growth and development succeeds after expansion of horizons and it is evidently proven to be true, there are 21 members of ELSA Rijeka to bear witness to it!
Institutional Study Visit
ELSA Reading in Strasbourg
"A second successful Institutional Study Visit for ELSA Reading!" Institutional Study Visits are becoming a standing tradition for the Local Group, ELSA Reading, providing members with an opportunity to support their knowledge on European Law.
Following an extremely successful debut trip to Brussels and Luxembourg last year, ELSA Reading embarked on their Josie Beal Vice President Seminars & second Institutional Study Visit to EuroConferences pe, taking 25 eager law students to StrasELSA Reading bourg. They were accompanied by two lecturers from the School of Law, Stuart Lakin and Nicola Barker. The four day trip commenced at the end of November 2011. After a very early start on Sunday 27 th, and a long journey via Eurostar, ELSA Reading finally arrived in Strasbourg. The next morning consisted of the opportunity to explore the beautiful surroundings of the city; the cathedral was a popular choice for many, despite having to climb 600 steps to reach the top! Next on the agenda was visiting the European Parliament, where the group had a tour and discussion. Many marvelled at the extravagant building, which has a duplicate in Brussels, and took the chance to ask questions. The Council of Europe was the next destination, which stands alongside the other institutions, overlooking the river - a perfect place for a boat ride! A conclusive tour was given, followed by a scintillating talk by lawyer, Mr Michael Ingledow, the Political SYNERGY magazine
Adviser in the Directorate of Political Advice and Co-operation, Directorate General of Democracy and Political Affairs. His insights were intently absorbed by the participants - no doubt assisting with their European Law module. The evening was spent at one of the many fabulous Christmas markets filled with mulled wine, crepes and ice skating. There was even time for a final group meal, where we reflected on our experience. All too quickly the final day arrived, but not before ELSA Reading had visited the European Court of Human Rights. The participants were lucky enough to witness the hearing of the Grand Chamber of Hermann v Germany under the presidency of the English judge, Nicolas Bratza. It was an interesting challenge by an anti-hunting landowner to a German Law requiring certain landowners to permit hunting on their land. There was time for some quick photos with two other ELSA groups from Germany, ELSA Jena and ELSA Tßbingen before ELSA Reading departed Strasbourg after yet another highly enjoyable and successful trip. The Organising Committee of ELSA Reading wishes to thank Mark Brealey (Queen’s Counsel), The Law School, the participants and RUSU for making this opportunity possible! 41
Delegations
ELSA Delegation in UNHRC
At the 18 th Session of the United Nations Human Rights Council The United Nations play a vital role in creating, supervising and enforcing human rights in intergovernmental relations. The United Nations Human Rights Council is the principal intergovernmental body responsible for human rights within the UN. Through delegations to UNHRC, members of ELSA have the opportunity to follow this development in real time.
Shortly after the inauguration of the 66th General Assembly of the United Nations (UN) in New York, the 18 th Session of Ethem Coban Head of ELSA Delegation the United Nations Human Rights Counto the United Nations cil (Council) in Geneva opened its floor. Human Rights Council Throughout the session, the Council fostered public debate and furthered the development of international human rights, humanitarian and international law. The Council, established by the General Assembly resolution 60/251 of 15 March 2006, is the principal UN intergovernmental body responsible for human rights. It replaced the Commission on Human Rights, which for over 60 years was at the centre of the UN human rights system.
"Throughout the session, the Council fostered public debate and furthered the development of international human rights, humanitarian and international law." While the Commission was a subsidiary organ of the Economic and Social Council (ECOSOC), the Council is a subsidiary organ of the General Assembly. In its resolution 60/251, the General Assembly
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tasked the Council with reviewing and, where necessary, improving and rationalizing all mandates, mechanisms, functions and responsibilities that it assumed from the Commission. On 18 June 2007, the Council agreed on a package that set out its procedures, mechanisms and structures. During the 18th session the participants of the Council reviewed generally accepted principals stemming from international law. In the light of current events, the great significance of international human rights standards was emphasized. This year’s mostly debated issues were the state secession in South Sudan, Libya’s membership in the Human Rights Council and the Arab Spring. Palestine’s procedure for admission as Member State of the UN and the potential implications of this initiative provoked questions of statehood status. The petition was one of the main debates throughout the sessions. The procedure for being accepted as a Member of the UN is initiated when a State submits an application to the Secretary General stating its adherence to the UN Charter. Pursuant to Art 4 (1) of the UN Charter: “Membership in the United Nations is open to all other peaceloving states which accept the obligations contained in the present Charter and, in the judgment of the Organisation, are able and willing to carry out these obligations.” Art. 4 (2) of the Charter stipulates the particular procedural prerequisites as follows:
Delegations
ELSA delegation to the 18 th session of the UNHRC in front of Palais des Nations, the United Nations Office in Geneva, Switzerland.
“The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.” Throughout the session, side-events were hosted at the neighbouring rooms. Every morning, the Secretary provided a bulletin of informal meetings. These meetings were organised by permanent missions, Intergovernmental Organisations, specialized agencies, the Office of the High Commissioner for Human Rights, and the Department of Public Information. Some of the meetings were public, others private. Subjects of these side-events were i.a.: Informal consultations on draft resolution on the incompatibility between democracy and racism, mandate of the Working Group of Experts on People of African Descent, juvenile justice standards, violation of human rights of women and children in zones of conflict, human rights in Palestine, the Durban Declaration, sexual and gender-based violence and accountabilities, informal consultations on draft resolution from rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance. Other “Items” of the open plenary meetings of the Council were: Technical assistance for Sudan in the field of human rights, Reports
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of the United Nations High Commissioner for Human Rights on the situation of human rights in the Ivory Coast, panel discussion on the promotion and protection of human rights through tolerance and reconciliation.
"Participating as a delegate at one of the International Organisations to which ELSA has special consultative status is a great opportunity especially for individuals who seek to practice law beyond national level." Beside side-events and open plenary meetings, the Council also held closed meetings that treated the complaint procedure. The complaint procedure is considered one of the Council’s main “weapons” to fight human rights violations. A complaint procedure is being established to address consistent patterns of gross and reliably attested violations of all human rights and all fundamental freedoms occurring in any part of the world and under any circumstance. It
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Delegations is based on communications received from individuals, groups or organisations that claim to be victims of human rights violations or that have direct, reliable knowledge of such violations.
the Council’s sessions, finishing their work with reporting about the session. A total of three groups with two heads of delegations participated at the 18th session.
The other “weapon” is the “Special procedures”, which is the general name given to mechanisms established by the former Commission and assumed by the Council to monitor, advise and publicly report on human rights situations in specific countries or territories, or on phenomena of human rights violations worldwide. The Council has two working groups; The Working Group on Communications and the Working Group on Situations. Among others, the Working Groups inform and recommend the Council by its Communications.
Delegates had the opportunity to meet Laura Dupuy, President of the Human Rights Council. She encouraged delegates to "continue raising awareness for human rights among law students". Due to the special consultative status, law students are given the chance to be live where international law-making occurs.
As previous years, ELSA, the European Law Students’ Association offered a “call for delegations” on the website of ELSA (www.elsa. org) and on national and local mailing lists. The delegation was assembled after the application procedure aiming at finding motivated and academically focused candidates. Throughout the three-week lasting session ten delegates could participate on behalf of ELSA at
Personally, reading about highly sensitive cases during courses was very interesting, and seeing the entire machinery of the international community certainly left a deep impression. The efforts of ELSA in the field of delegations are highly appreciated. Through sending delegations, ELSA benefits individuals and their law education at international level. Participating as a delegate at one of the International Organisations to which ELSA has special consultative status is a great opportunity especially for individuals who seek to practice law beyond national level.
ELSA appoints delegations to numerous organisations under the United Nations. Members of ELSA can experience these organisations through delegations sent to Geneva, Vienna and New York.
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Delegations
International Trademark Association
ELSA Delegation to INTA Conferences in Dublin ELSA Delegates carry an important responsibility in representing our Association and sharing the academic knowledge and contacts they receive during meetings of international organisations.
ELSA Delegations always bring you to the Marzia Carla Iosini Daniel Diez best international Academic Coordinator for President events. You can Delegations to WIPO ELSA Spain ELSA International learn how cuttingedge legal reforms are discussed and you can also understand the decision-making processes first hand. Inspiring speakers give you the latest information in a perfect environment for networking. During the two INTA (International Trademark Association) conferences held in December 2011 in Dublin, international lawyers, brand owners and European representatives discussed the recent developments concerning on the one hand the search for harmonization among European trademarks and on the other hand the use of trademarks on Internet, with particular reference to social media. Thanks to co-operation between INTA and ELSA we were provided with the great opportunity to attend lectures delivered by acknowledged professionals. The amendments to the European trademark law presented by the Max Planck Institute sparked a vibrant debate among lawyers present in the room. Questions and answers reflected the interest to achieve a better harmonization in the European trademark system. Furthermore, talking with Mr. Antonio Campinos, President of the Office for Harmonization in the Internal Market (OHIM), we got an idea of the everyday work dealing with trademarks and the new scenarios that could be imaginable for non-traditional trademarks such as sounds, smells or colors in order to acquire distinctiveness.
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Another important topic is Internet: trademarks and brand owners have being fighting for protecting their Internet domains from cybersquatting and counterfeits. They have managed to use the opportunities offered by online commerce and online marketing. However, they will now face the challenges of the new generic Top Level Domains (gTLDs) which are expected to be delivered in 2012 by the Internet Corporation for Assigned Names and Numbers (ICANN). This means that in the future we will see not only .com domain or .org domain but also other domains such as .microsoft, .football, or even .elsa. This process will take a long time because of the costs of the application procedure, but within a few years we could for example think of one domain for our ELSA Network. It would reduce the risks of someone stealing us our domain, it would increase our visibility on Internet and we would have infinite national or local websites to surf under the domain “.elsa”. For now we have to wait to see how these changes will affect trademarks: “there are some doubts among professionals”, confessed Mr. Russell C. Pangborn, Microsoft Associate General Counsel. Finally, we would like to thank the professionals we met at the conferences, in particular two Intellectual Property lawyers very familiar with ELSA: Mr. Luca Barbero, founder of ELSA Italy, and Mr. Dionisio Chanzá Jordán, founder of ELSA Spain, who both recognized how their experiences in ELSA helped them in their professional careers. We thank also Mr. Milesh S. Gordhandas, INTA Assistant Europe Representative, and Ms. Heather Steinmeyer (Wellpoint, Inc.), INTA former President in 2010, for their receptive attitude for cooperation. We can only recommend all ELSA members to apply to ELSA Delegations and live this amazing experience.
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Law School
Summer Law School with ELSA Bucharest
"Let's make law better this summer!” The two coinciding Summer Law Schools of ELSA Bucharest have become a standing tradition for the ELSA Network. Students have a choice between two current fields of law: International Humanitarian Law and Banking and Finance Law.
Do you know what you are going to do this summer? You can make law better this summer!
This topic regarding war, how to conduct armed conflicts, has been approached since Antiquity and continued to be reflected in the work of various jurists in documents of international nature. States have made continuous efforts on both internal and international levels in intercession of international humanitarian problems and also in establishing partnership in this domain.
Eight years ago, a group of daring students had the brilliant idea to organise a summer school and today ELSA Bucharest is proud to present its ambitious project ”Let’s make law better this summer!” which unites two international summer schools: “Law Is Better Than War!” and “Banking & Finance Law”.
Given the current global situation due to the forever expanding social relations, the clash of principals, opinions, interests, it is highly important for each and every one of us to raise our awareness regarding what takes place around us. International humanitarian law is a domain that cannot but concern each and every state in the world due to the expansion of the effects that a single conflict can have througout international society as a whole.
Alina Ciocoiu Head of Organising Committee Banking & Finance Law ELSA Bucharest
Olivia Dediță Head of Organising Committee "Law is Better than War" ELSA Bucharest
“Law Is Better Than War!” focuses on matters concerning Intenational Humanitarian Law and related issues. We are proud of our eight year legacy, in which given its impressive academic agenda, “Law Is Better Than War!” was distiguished in 2007 by the Council of Europe with the award for the best Humanitarian Law School in Eastern Europe. We are preparing our 9 th edition which takes place in the beautiful Prahova Valley, Romania. We are planning to combine learning and fun with a high-quality academic program which will boost up not only your knowledge in this particular field of law, but also your social skills. International humanitarian law represents an ensemble of rules which, due to humanitarian reasons, are trying to limit the effects of an armed conflict. International humanitarian law offers protection to those who do not participate or who no longer participate in hostilities and it restricts the means and methods of warfare. Through time, the rules regarding the law of armed conflicts referred especially to the protection of victims of armed conflicts and the protection of cultural belongings in case of armed conflicts.
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Therefore, participants in our summer school will have the opportunity to fully understand not only the basic notions of this branch of law, but also more in depht issues. Participants will be guided and stimulated to go further into the domain, to learn and understand the causes that have determined the events in the last years. Last but not least the summerschool aims to enable law students to approach these matters from a juridical point of view, as to be able to cast their own opinions regarding this domain, and to improve their capability to offer legal support in these matters. The main purpose of this year’s edition is promoting International Humanitarian Law and Human rights and values through a series of lectures, seminars and workshops, case studies and moot court competitions. We plan to provide 30 motivated students with lecturers from Romania and foreign top universities and celebrated guests, as well as provide them with the opportunity to debate on the issues that are currently affecting the world as far as this field of law is concerned. Up until now, we have proudly col-
Law School borrower. Rather than exclusively examining the instruments, contracts and transactions by which finance is supplied, the summer law school aims at an overall understanding of the field. It will focus on the broader picture, by examining banking and finance law in relation to the general institutional framework of market-based economies. The participants will also have the possibility to apply the theoretical aspects during workshops each day and, at the end of the academic program, in a moot court competition.
laborated along our eight editions with the Romanian National Council for Refugees, the International Committee of the Red Cross and the Romanian Ministry of Foreign Affairs, a partnership that brought prestige and value to the event. “Banking & Finance Law� is a relatively new project, reaching its 4th edition this year. Due to its theme, untapped in the South Eastern Europe, but very appreciated by students, each year the involvement of professionals and the implication of participants has grown and in consequence the quality of the event has risen, today being one of the most appreciated projects of ELSA Bucharest. Banking and finance law is one of the most dynamic fields of law, rapidly evolving and which requires constant practice. The globalisation and a wide variety of financial products, the evolution of international trade and industry, even the economic crisis have determined modern banking law to become more complex, which makes the direct contact with professionals even more important. Even though you may not decide to make a career in this field after attending these courses, every information gained can help you understand some banking and finance notions and principles and more concretely contracts signed with banks. The main purpose of our summer school is to provide information and to share some of the experience gained by those who work in this particular and dynamic field, beginning with the fundamental notions and ending with practical aspects. The lectures present a balanced view upon Romanian and English legislation, offering the point of view of both the lender and the SYNERGY magazine
Throughout the years we have collaborated with the most important institutions and law firms in Romania: The Commercial Bank of Romania, which is one of the largest banks in our country; with Reff & Associates, the correspondent law firm of Deloitte; David&Baias correspondent law firm of PwC; NNDKP; Kinstellar; Bulboaca & Associates; DLA Piper; CMS Cameron McKenna and many more, which have offered us the greatest practicians, coming from Romania and from abroad. The speakers have delighted the participants with their great oratorical and negotiation skills and their interesting presentations, which always underlined the practice and jurisprudence, that sometimes shed light on various points of view, often differing from that of the information coming from course books.
"The participants will also have the possibility to apply the theoretical aspects during workshops each day and, at the end of the academic program, in a moot court competition." The participants also have the opportunity to feast on the beauty of one of the pittoresque regions of Romania, Prahova Valley, while enjoying a four-star accomodation that includes meals and social program, during a 12-day stay. The summer schools take place simultaneously at the same resort, the difference being the well planned academic program for each event. The free-time program includes social events during evenings and study visits which allow you to discover the traditions and realities of a great country together with participants from different parts of the world: from Italy, Spain, Ukraine, Hungary, Slovakia, Czech Republic, Estonia, United Kingdom, Georgia, Romania or Brazil. This is one of the greatest ways to spend you summer! Do not forget: You can make law better this summer! For further details, check out our website: summerschool.ro 47
Law School
Summer Law School with ELSA UCP Lisbon
Legal Challenges on Energy and Environment ELSA UCP Lisbon will once again tackle a topic of current international relevance. The beginning for making a difference is to educate ourselves and understand the issue.
When we think about summer we picture haMaria Teresa Capela André Reis e Silva ving time to reHead of President lax, to materialize Organising Committee ELSA UCP Lisbon postponed plans, ELSA UCP Lisbon Summer School to enjoy life to its fullest extent and... to learn! At least it has been this way at Portuguese Catholic University Campus in Lisbon for the last two years. ELSA UCP Lisbon’s Summer School had two previous editions. The first one in 2010 focused in Maritime Law whilst the second in 2011 dwelled upon Refugee and Migration Policies and both were extremely successful. There was a lot of effort and personal time involved in the organisation of these events, but looking back it all paid off. Taking into consideration 2011’s edition we can only be happy with its final result. Its preparation started in September 2010 when we began drafting an academic programme. It was developed through the year, but in December we were already contacting the intended lecturers to inquire about their availability and the preferred dates to lecture. From this stage followed a more intensive fundraising phase and the selection of the participants, around 40 coming from 21 different countries. For the Summer School we were lucky to have as lecturers professors such as Stephen H. Legomsky, from University of Washington in St. Louis and actual Chief Counsel for U.S. Citizenship and Immigration Services, Pavel Molek, from Mazarak University in Brno, or Gonçalo Matias, from Católica Global School of Law. The faculty was composed by lecturers with knowledge on Migration and Refugees issues coming from different areas of action, which, in the end, resulted in a diversified programme. 48
The discussed sub-topics were the following: Immigration and Citizenship in the United States and Elsewhere; Transnational Migration and Citizenship Law; Refugees’ Law on International Level, on European Union Level and on National Level; China: Migratory Movements; Human Trafficing and the role of Border Control Services and the Italian Immigration Situation. The participants were given working materials in advance so that they could prepare with time. The result was a multicultural class environment in which the change of experiences and perspectives was a constant. The theoretical approach was made from the larger picture to the smaller, giving students the opportunity to analyse a wider reality before reviewing the one closer to them. Apart from theory, there was also the chance to face a practical approach through visits that were held to the Portuguese National Immigrant Support Centre and to the Short-Stay Installations for illegal immigrants at Lisbon’s International Airport. These ended up to be enriching experiences as the theory frequently falls far short from the reality. Participants got the chance to meet real people with real problems, which they were taught how to solve in classes. This year, our Summer School will be held from the 22 nd until the 29 th of July at the Portuguese Catholic University Campus in Lisbon and it will be on the topic: Legal Challenges on Energy and Environment. The Católica Global School of Law, best known for launching some of the world's best LL.M. Programmes according to the Financial Times Global Legal Report of 2011, is in charge of the academic programme and we are sure it will be the best one yet! The topic was chosen taking into consideration the troubled times we are living which are not just related to economical matters. Since ever, mankind’s contact with nature has been a cons-
Law School tant, an inevitability. However, after the stage of contemplation there is a tendency to control and in this case it ends with Man abusing natural resources and neglecting the existence of future generations. We can just take a quick look at some well-known cases that illustrate this situation. On April 26 th, 1986 tests were conducted in one of nuclear reactors of Chernobyl nuclear power plant in Ukraine. These tests required part of the security system to be shut down. Crucial mistakes were made and many people suffered the consequences. The environment was also one of the victims. More recently we witnessed, throught live images, the largest accidental marine oil spill in the history of the petroleum industry. The Deepwater Horizon was the main actor in the terrible oil spill that assaulted the Gulf of Mexico in 2010. Even so, in the last 40 years the international community has endeavoured to reach agreements and co-operation on environmental issues. The result has been a range of international treaties such as the UN Conference on the Human Environment in Stockholm (1972), the United Nations Conference on Environment and Development in Rio de Janeiro (1992) or the Kyoto Protocol (1997). All of these agreements arised as promissory, although their effectiveness and bindingness to the States is still weak in a medium-term due to the lack of serious sanctions for their violation. For what was stated above, our generation is the one which will have a leading role when it comes to changing the part played by sustainable energies and environment, so it is up to the students like us to organise events as this Summer School
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and transform our society to bemore aware, more informed and more prepared. With the academic programme we intend to approach sub-topics such as: nuclear energy, open market and grid development, hydrofracking for natural gas and the Human Right to safe drinking water or climate change liability and litigation. We will strive to present our participants with international speakers with diversified opinions about these issues that will make them rethink their opinions and their role in this world.
"Our generation will have a leading role when it comes to changing the part played by sustainable energies and environment." The Summer School also offers balance: It is not all work and no play, for after a hard day of work you will get a chance to relax by the poolside and experience the true Portuguese culture. It is an event organised by students and for students so we completely understand that leisure time is needed. We will try to offer a strong academic background and provide sightseeing and social activities. Our participants will get to know Portugal’s famous beaches and will definitely enjoy the social programme we are going to prepare for them. Lisbon is a breathtaking city that is ready to offer you sunny days, an exciting history hidden in every single street, with amazing flavors and sounds at your reach. We look forward to meeting you in Lisbon this summer! What are you waiting for? Apply now!
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Network
Membership of ELSA France
The Rebirth of ELSA France: the Path to Success Alexandra Maupas, Thibault Sparfel, Pierre Cormier, Guerric Primault, Marion
It feels like it happened Alexandre Ghafari just yesterday. On the National Board 31st of October 2011, ELSA France ELSA France recovered its full membership status reinstating trust in our National Group. After demotion at the International Council Meeting in Budva, 2009, ELSA France was finally recovered and ready to be back in the Family! It was a great feeling to obtain an honest response to our perseverance and hard work. In the aftermath of the ICM in Palermo and our return to France, the reality hit us that nothing would be the same: ELSA France will at last start to exist – really exist. Delaunay, Cassandra Fernandes &
It all started in 2010 with the creation of fLAWless, the magazine of ELSA Nantes. Many members of the international Network made written contributions about ELSA, its events and the famous ELSA Spirit! This magazine intended to raise awareness about ELSA in France. After the reactivation of ELSA Nantes, more Local Groups were created and joined ELSA Paris which had withstood the temporary demise of the National Group: ELSA Rennes, ELSA Lille, ELSA Lyon and ELSA Bordeaux! This was the beginning of the adventure of ELSA France and our full membership status at the end of the year was the achievement of all the work during this amazing year! However, if there is just one aspect that we need to be aware of, it is
that nothing would have been possible without ELSA Spirit. We dreamed, created and progressively integrated the ELSA Spirit into our events, developments and plans to improve ELSA. The re-building of a network was ELSA France’s first task in 2010 and this exhausting undertaking certainly reaped its rewards. The National Group was shown true ELSA Spirit through the Network Support System by ELSA Germany. Their generous aid and the determination of the students in ELSA France pushed this National Group through the hardest of times. After this difficult start, the year 2011 was not only symbolic for the celebrations of 30 years of our beloved Association but also represented for us the comeback of ELSA France. During the first ICM of the year in Poznan, ELSA France had a full delegation and representatives in all officers’ meetings. New Local Groups were created: ELSA Montpellier, ELSA Aix-Marseille and ELSA Nice reaching a total of 9 local French groups! The association was also selected for the organisation of the first Supporting Area Meeting in Bordeaux (SAM), the organisation of the 10 th edition of the Final Oral Round of the EMC 2 in Montpellier and the organisation of the International Presidents’ Meeting in Paris. Our next step is to focus more and more on Legal education with our 1st International Summer Law School. The topic is Sports Law and will take place in Nantes in August 2012. In addition, essay competitions and a national moot court are important projects for the New Year. Being a full member binds a national network to the permanent stability and to the progress of the international Network. One important challenge remains then for ELSA France: to assume the sustainability of the association and the French Network! Finally and most importantly, we want to thank Mirko Djukovic and Sofia Kallio for getting us started on the right path way back in 2010, Paolo Amorosa, re-born ELSA France’s first coach, Irakli Samkharadze, our current coach, ELSA Germany for its unending support and last but not least, everyone, every member of the Network for your trust and to have recognised our work at its fair value. See you all very soon – Vive ELSA!
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