55th edition of the Synergy Magazine by ELSA International

Magazine of The European Law Students’ Association

No. 55· I-2014

SYNERGY Journalistic ethics

The case-law of the European Court of Human Rights, p. 6

"Dream. Explore. Discover."

STEP Trainees about their experience, p. 23

magazine MAKING FILMS, MAKING SOCIETY

An insight from the second World Forum for Democracy, p. 12

"STEP into the future: Media law!"

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Editor’s letter Dear ELSA friends,

Of course, there is always a story behind the scene. And of course, there is a story behind this editions’ title as well! 'STEP into the future: Media law!’ is not a coincidence – it was well planned! Every active member of ELSA should know the answer already – YES, our ELSA International STEP (Student Trainee Exchange Programme) has its’ 30th anniversary in 2014 and our IFP (International Focus Programme) topic for the next 3 years (it started on the 1st of August 2013) is Media Law. Therefore, we wanted to give special attention to these two topics.

There is also something new about the Synergy Magazine itself. This, the 55th edition, got a new 'outfit'! Synergy is now divided into sections: Partners' & Externals' Perspective ● International FOCUS ● ELSA Interview ● Legal & Cultural Diversity ● Think Global, Act Local – The ELSA Network ● Something NEW, something OLD, something BLUE…something ELSA etc.

Petra Podgoršek

Vice President for Marketing

And now from the 'outfit to the outcome' - because it is all about the story! In this edition you can read about journalistic ethics through the prism of the case-law of the European Court of Human Rights, get an insight into the STEP programme from both - Trainees and STEP employers, and much more! Don't forget - we are creating a legal future, together! STEP by STEP!

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Contents Editor's Letter

Partners' & Externals' Pespective Journalistic ethics

Positive steps

MAKING FILMS, MAKING SOCIETY

international focUS

STEP

traineeships

''Explore. Dream. Discover.'' STEP Trainees about their experience, p. 23

Recipe for a moot court competition case

Cultural Intelligence

STEP Mosaic

Practical Experience Abroad

United in Diversity

Enjoy what ELSA has to offer on the international arena

ElSa interview "Explore. Dream. Discover."

ElSa Events calendar 2014

CBL International brings ELSA to China

cultural & legal Diversity Polish press law

Think global, act local - The ElSa network MAKING FILMS, MAKING SOCIETY Susan Newman-Baudais and Roberto Olla, 'Eurimages'p. 12

EUROPEAN COURT OF HUMAN RIGHTS COUR EUROPﾃ右NNE DES DROITS DE L'HOMME

Journalistic ethics Agata Dimmich, The ECHR p. 6

ELSA Delegation: EXPERIENCING UNCITRAL

Mergers & Acquisitions: Crossing Borders!

The 5th ELSA Ex-Yu Conference

ELSA Shop(ping)

1st ELSA Summer Law School in Bosnia and Herzegovina

Internet Service Providers Liability and the enforcement of copyright

Ei uke i Oslo/A week in Oslo

T.V. Rights and Football clubs

Cyber security and the E.U.

Erasmus +

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Partners' & Externals' Perspective

Journalistic ethics

The case-law of the European Court of Human Rights

To understand the role the concept of journalistic ethics plays in the jurisprudence of the European Court of Human Rights (the Court)*, one should first have Agata Dimmich Assistant lawyer, regard to the basic fact that the Court’s European Court function is to deal with breaches of the of Human Rights provisions of the European Convention on Human Rights (the Convention) and, in particular, with the alleged violations of the rights and freedoms protected by the Convention. The Convention, on the other hand, is an instrument of human rights protection, not the code of professional conduct. Indeed, Article 10 of the Convention, which guarantees the right to freedom of expression, contains in paragraph 2 a reference to “duties and responsibilities” of persons exercising this right. It expressly states that the exercise of freedom of expression, since it carries with it duties and responsibilities, may be subject to certain restrictions. However, those “duties and responsibilities” do not function as independent grounds for restriction of the right to freedom of expression. They only influence the assessment of the necessity of the interference with this right carried out by the Court. Accordingly, a failure to comply with those duties does not automatically result in finding that the restriction of freedom of expression was proportional. It only constitutes one of the factors to be taken into account in the assessment of the proportionality of the restriction (other factors include, in particular, severity of the sanction imposed – which may constitute a basis for the Court finding a violation of Article 10 of the Convention even if it considers that domestic authorities were entitled to consider it necessary to restrict the exercise of the right to freedom of expression, for instance, on the basis of the journalists’ failure to act professionally1). 6

EUROPEAN COURT OF HUMAN RIGHTS COUR EUROPÉENNE DES DROITS DE L'HOMME

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The Court’s case-law is clear on the point that the more serious the allegation is, the more solid the factual basis should be.

When dealing with complaints concerning interferences with freedom of the media, the Court typically reiterates that all persons, including journalists, who exercise their freedom of expression undertake “duties and responsibilities”, the scope of which depends on their situation and the technical means they use. The Court also usually reiterates in this regard that by reason of the “duties and responsibilities” inherent in the exercise of the freedom of expression, the safeguard afforded by Article 10 to journalists in relation to reporting on issues of general interest is subject to the proviso that they are acting in good faith and on an accurate factual basis and provide reliable and precise information in accordance with the ethics of journalism.2 Those remarks serve a twofold purpose. Firstly, the Court has consistently emphasised the essential role played by the press in a democratic society – a role of “public watchdog”. Under the Court’s case-law, as a corollary of this specific function of journalists, which is to impart information and ideas on matters of public interest, the public has a right to receive information on those matters. Restrictions on press freedom are therefore evaluated by the Court with the most rigorous scrutiny. However, this democracy-fostering function of the press is also reflected in the notion of duties and responsibilities of journalists. The highest level of protection of freedom of expression afforded to journalists when dealing with matters of public interest is thus accompa-

Partners' & Externals' Perspective nied by the standards of professional conduct expected of them as developed in the case-law of the Court. Those standards should also be viewed in the light of the balancing exercise between the competing interests at stake that has to be undertaken in such cases. Thus, the duties and responsibilities of journalists assume significance when their right to freedom of expression is restricted in order to pursue one of the legitimate aims listed in paragraph 2 of Article 10, in particular “for the protection of the reputation or the rights of others”. The most easily identifiable obligation of journalists is “the ordinary journalistic obligation to verify the factual allegations and the accuracy of their sources”. The Court’s case-law is clear on the point that the more serious the allegation is, the more solid the factual basis should be. Journalists should thus rely on a sufficiently accurate and reliable factual basis which could be considered proportionate to the nature and degree of the allegation3 (typical examples of serious allegations from the Court’s case-law are accusations that a named individual had committed a criminal offence4 or had otherwise acted illegally5). Accordingly, only special grounds can dispense the media from this “ordinary obligation” to undertake independent research. Whether such grounds exist depends on the assessment of two issues: the nature and degree of defamation in question and on the extent to which the media can reasonably regard their sources as reliable with respect to the allegations in question. The special status of trustworthiness is attributed to official sources of information. Thus, the Court has held that journalists should normally be entitled to rely on the content of official reports6 and on information otherwise gathered from official sources (for example information given orally by a public prosecutor7 or derived from the police’s pre-trial record8) and no general duty to verify such statements can be imposed on them. In contrast, with regard to other sources of information, the Court has criticized journalists relying exclusively on one source in making serious allegations (for example automatically giving credence to statements of one person personally involved in a certain incident or a dispute9, relying on an anonymous letter10 or on information included in the press release of a political party11). Such sources cannot, according to best journalistic practice, be deemed dependable. In such situations journalists are expected to consult other available sources of information (for example the expert opinion referred to in a press release of a political party12, or other witnesses of the incident13) and even – to seek comments from the synergy magazine

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...the Court takes into account the fact that news is a perishable commodity and that to delay its publication, even for a short period, could deprive it of all its value and interest.25

person concerned14. On the basis of the other information they possess, they should also check whether there is an objective basis for the statements made. In this regard a case of Pedersen and Baadsgaard v. Denmark15 is worth noting – the case concerned a well-researched television programme duly criticising a police investigation of a murder. Yet, in making the allegation that a certain named police official had suppressed evidence during this investigation the applicants only relied on the statement of one witness given nine years after the events in question and failed to verify it. The Court consequently found that their conviction for defamation did not constitute a violation of Article 10 of the Convention. An important aspect of the Court’s case-law is the distinction between statements of facts and value judgments (such as opinions, comments) – while the existence of facts can be demonstrated, the truth of value judgments is not susceptible of proof. Nevertheless, even opinions insufficiently based on facts can be excessive. In this connection the Court has emphasised the difference between acceptable exaggeration or provocation, or somewhat immoderate statements, and the distortion of facts known to journalists at the time of the publication16. Moreover, value judgments couched in offensive language, recourse to which was not necessary to express the criticism or negative opinion may fall foul of the standards of conduct expected of journalists in reporting on issues of public interest17. While the Court takes into account the manner in which the article is written (or – more generally – the form in which the information or idea is conveyed), it does so with great caution. It usually reiterates in that regard that Article 10 of the Convention protects not only the substance of the ideas and information expressed, but also the form in which they are conveyed. The methods of objective and balanced reporting may also vary considerably, depending among other things on the media in question. The Court considers that it is neither for it, nor for the national courts, to substitute their own views for those of the press as to what technique of reporting should be adopted by journalists.18

Partners' & Externals' Perspective The Court has held that journalists cannot be expected to act with total objectivity and that somewhat one-sided reporting or certain selectiveness in quotations cannot be regarded as relevant and sufficient reasons to justify any restrictions on freedom of expression19. However, the Court takes into account the form in which the ideas or information are conveyed in assessment of whether a journalist acted in good faith in order to contribute to a discussion of matters of public interest. What can be expected of a journalist is, depending on the context, presenting the story in a reasonably balanced manner and using form and vocabulary reflecting the seriousness of the subject matter. Otherwise, the Court may, for instance, consider that the truncated and reductive form of the articles in question, in particular if it is liable to mislead the reader, detracts from the importance of their contribution to the public debate protected by Article 10 of the Convention20. Reporting what others had said, instead of presenting certain issues as one's own factual assertions21, is a classic example of a method of balanced and objective reporting. The particular level of protection is afforded to news reporting based on interviews, which the Court has found to constitute one of the most important means whereby the press is able to play its vital role of “public watchdog”. The Court dealt with this issue in the case of Jersild v. Denmark22, which concerned conviction for aiding and abetting the dissemination of racist statements of a television journalist who interviewed members of an extreme-right group of young people. The interview was broadcast in a serious news programme and was preceded by an introduction announcing that the object of the programme was to address social aspects of the problem. In the judgment, finding a violation of Article 10 of the Convention, the Court held that the punishment of a journalist for assisting in the dissemination of statements made by another person in an interview would seriously hamper the contribution of the press to discussion of matters of public interest and should

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An overly rigorous approach to the journalists' professional conduct could thus result in deterring them from discharging their function of keeping the public informed.

not be envisaged unless there are particularly strong reasons for doing so. Other examples of methods of balanced and objective reporting include giving the person concerned an opportunity to comment23 and not presenting the allegation as an uncontroversial fact but making clear that the information came from a certain person or a source24. Finally, it should be noted that in assessing the journalists’ compliance with the standards of professional conduct the Court takes into account the fact that news is a perishable commodity and that to delay its publication, even for a short period, could deprive it of all its value and interest.25 In such situations the Court is mindful that the role of journalists is precisely to inform and alert the public about social phenomena as soon as the relevant information comes into their possession. An overly rigorous approach to the journalists' professional conduct could thus result in deterring them from discharging their function of keeping the public informed.

* The views expressed in this article are solely those of the author. Cumpana and Mazare v. Romania [GC], no. 33348/96, 17 December 2004. 2 Axel Springer AG v. Germany [GC], no. 39954/08, 7 February 2012. 3 Pedersen and Baadsgaard v. Denmark [GC], no. 49017/99, 17 December 2004. 4 Ibid. 5 Standard Verlagsgesellschaft mbH v. Austria (no. 2), no.37464/02, 22 February 2007. 6 Bladet Tromsø and Stensaas v. Norway [GC], no. 21980/93, 20 May 1999. 7 Yordanova and Toshev v. Bulgaria, no. 5126/05, 2 October 2012. 8 Selistö v. Finland, no. 56767/00, 16 November 2004. 9 Europapress Holding d.o.o. v. Croatia, no. 25333/06, 22 October 2009. 10 Flux v. Moldova (no. 6), no. 22824/04, 29 July 2008. 11 Standard Verlagsgesellschaft mbH v. Austria (no. 2), supra note 5. 12 Ibid. 13 Europapress Holding d.o.o. v. Croatia, supra note 9. 14 Flux v. Moldova (no. 6), supra note 10. 15 Pedersen and Baadsgaard v. Denmark [GC], supra note 3. 16 Kania and Kittel v. Poland, no. 35105/04, 21 June 2011. 17 Tammer v. Estonia, no. 41205/98, 6 February 2001. 18 Jersild v. Denmark, no. 15890, 23 September 1994. 19 Selistö v. Finland, supra note 8. 20 Stoll v. Switzerland [GC], no. 69698/01, 10 December 2007. 21 Thoma v. Luxembourg, no. 38432/97, 29 June 2001. 22 Jersild v. Denmark, supra note 18. 23 Björk Eiðsdóttir v. Iceland, no. 46443/09, 10 July 2012. 24 Europapress Holding d.o.o. v. Croatia, supra note 9. 25 The Sunday Times v. the United Kingdom (no. 2), no. 13166/87, 26 November 1991. 1

Partners' & Externals' Perspective

Positive steps

How volunteering builds life and career skills

There is no single formula for building a rewarding career in an interCMS national law firm, but the key success factors are well known. Clients and colleagues want to work with highly skilled professionals who know how to get things done. In business speak, they want people who add value. Isabel Scholes

Director of Communications

Another way of looking at it is that success hinges on the willingness and ability to make a difference. Building specialist knowledge while developing the skills required to adapt to a wide range of situations cannot be achieved by staying in your comfort zone. Embracing new challenges and welcoming new and diverse ways of thinking are vital elements in keeping individuals and organisations fresh, ensuring they bring about positive results. Making new connections At CMS we focus on making a difference by the results we bring about for our clients. Our approach is summed up in the phrase ‘Your World First’, which challenges our people to think first about making deep connections with the world of our clients and to see this as their route to making valuable contributions through our work. Making this approach work calls on our people to take the initiative rather than wait for instructions – to step forward and engage with issues that matter. The same logic applies to the role of voluntary work as an active route for CMS individuals to contribute in different synergy magazine

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Volunteering is not just a way of giving something back to our communities, it is a key channel for learning and developing core personal and professional skills that are vital to a rewarding legal career.

ways to our communities, to make new connections with clients and collaborators, and to develop professional and personal skills. CMS has a well-established corporate social responsibility (CSR) programme that facilitates and coordinates volunteering activities. We take a collaborative approach, focusing on projects that see our people working with clients, suppliers and community organisations. CMS volunteers contribute legal, organisational and administrative skills, giving their time on a pro bono basis. Our CSR projects reflect the wide range of interests represented by people working in an international organisation with 56 offices in 31 countries. Education is a core theme, and programmes focusing on promoting social and economic mobility, diversity and inclusion feature strongly. We also support cultural initiatives, environmental projects and more traditional charity fundraising activities – but with an emphasis on active participation as well as charitable giving. As Dick Tyler, CMS Senior Partner, says “we like to work with our stakeholders on these programmes and apply the same rigour and passion as we do for our clients”. 9

Partners' & Externals' Perspective Developing personal and professional skills Volunteering is not just a way of giving something back to our communities, it is a key channel for learning and developing core personal and professional skills that are vital to a rewarding legal career. Working with diverse groups of people to address social issues brings a range of valuable skills into play. Volunteers often need to be resourceful problem-solvers who can work with severely limited resources to find ways forward. New and unfamiliar situations are a powerful stimulus to active learning and call on people to explore new and better ways of working. Team working is essential, and recognising the fresh perspectives offered by fellow volunteers from different professional and cultural backgrounds is a powerful and enlightening experience. Negotiation in this context becomes a part of daily life – along with project management, leadership, communication and delegation. Volunteers may even develop more technical skills, such as the ability to recognise and understand a range of business models and organisational structures and dynamics. Building these kinds of skills helps both new entrants and established professionals to become better legal advisers. The ability to draw on a wide range of experience helps place any particular piece of advice in its broader context, making connections between the matter at hand and the bigger picture. Individuals who are used to interacting with diverse groups of people are often better at understanding client motivations and building strong client relationships. CMS people are recognised by clients as being approachable, forward-thinking and committed to producing high quality outcomes. These are personal skills developed in many ways, and volunteering has a major role to play.

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Students who give their own time to pursue intelligent enquiry with a practical focus sits well with the CMS ‘Your World First’ approach and marks them out as more likely to make a difference in the working world. Aiming to make a difference Law students and candidates for traineeships are well advised to consider volunteering as valuable preparation for life at an international law firm. Academic excellence is important, but at CMS we are also looking for well-rounded characters who are resourceful, capable and confident. Experience of voluntary work demonstrates a wider sense of perspective and indicates a willingness to take on new challenges and help get things done. The key lessons learned in diverse volunteering projects are directly relevant to the challenge of professional client service. ELSA’s emphasis on international cooperation and social responsibility offers a unique range of law-related opportunities for personal and professional development. Students who engage with ELSA’s initiatives are clearly curious and passionate about understanding legal issues in their international context. Students who give their own time to pursue intelligent enquiry with a practical focus sits well with the CMS ‘Your World First’ approach and marks them out as more likely to make a difference in the working world.

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Partners' & Externals' Perspective

MAKING FILMS, MAKING SOCIETY

An insight from the second World Forum for Democracy

Within the framework of the second Roberto Olla World Forum for Democracy (WFD) Executive Director held in Strasbourg on 23rd to 29th 'Eurimages'* November 2013, one of the twenty-one laboratories was dedicated to a topic central to the Directorate General for Democracy of the Council of Europe: films and their contribution to a more diverse and democratic society. Laboratory 17 explored the role that internet and moving images play in helping people to express their social and political views and in allowing them to receive feedback from the wider community. What is the real impact of these film-based initiatives on public opinion, political debate and decision-making? Do they contribute concretely to a change in society and democratic institutions or are they only an outlet for the expression of dissatisfaction by certain segments of our societies? The laboratory discussed two initiatives in which internet, films and personal initiatives aim at changing a given status quo. Tunisie 4.0 is a mirror of today’s Tunisian democratic transition following the end of the authoritarian regime of Ben Ali and the development of the so-called “Arab Spring” in the region. This initiative gives everyone the opportunity to express his or her point of view on how Tunisian democracy should be shaped. Documentary and fiction films of a maximum length of 3 minutes can be uploaded on the web-based platform as long as they cover one of the following topics: Islam, Democracy or Technology. The platform has no editorial line, thus all shades of opinion, from moderate to radical, can be portrayed as long as they contribute to the debate. Lenguas Jovens (Languages of Youth) is a project initiated by a Mexican NGO “Puerta Joven” which

aims at empowering young people at social risk of exclusion by bringing together Susan Newman-Baudais Project Manager culture, new technologies and education ‘Eurimages’* as a way to trigger social change and local development. Representatives of Puerta Joven visit schools and community centres with junior professional filmmakers who teach youngsters the use of the creative tools found in mobile phones (photo, audio and video) to make short films as a way to promote cultural interaction and appreciation of diversity. Youth from different cultural identities, mostly indigenous and urban communities, co-operate with each other (youth-to-youth) to share ideas on civic engagement, cultural identity or the use of indigenous languages. Four discussants (two academics, one politician and one film producer) stimulated the debate by raising a certain number of questions, which were echoed by many of the political science students who composed most of the audience. Concerning the Tunisian initiative, reserves were expressed about the mixture of real and the fictional in the web documentaries, which could therefore appear manipulative, particu-

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Lenguas Jovens (Languages of Youth) is a project initiated by a Mexican NGO “Puerta Joven” which aims at empowering young people at social risk of exclusion by bringing together culture, new technologies and education as a way to trigger social change and local development.

Partners' & Externals' Perspective larly outside the local context, and it was noted that the films could be seen as simply documenting the splits in society rather than creating real dialogue. However the project leaders maintained that audience reaction during the public presentations of the films confirmed that the distinction between real and the fictional was clear for Tunisian viewers and that the content of the films had led to dialogue, both at these events and via internet commentaries. The discussion also underlined the power of images to provide a specific view of events and indeed replace real events with a manipulated/fictional vision or version. At the same time new technologies can reinforce the power to act at grassroots level, a situation which needed imperatively to be recognised by political elites, in order to avoid increasing disillusionment and lack of democratic participation in decision-making processes. Discussion on the Mexican initiative focused mainly on sustainability and the possibility of measuring the impact of the project. The project initiator explained that Lenguas Jovens was a system to connect young citizens with local government, with filmmaking providing a way of bringing young people in and involving them in a larger task. Local government representatives are invited to view films at regular intervals, to discuss them with the authors and to respond with action in that area. The next step for the young people is their integration into thematic committees which work on designing strategies to respond to the problems identified. The effective implementation by local government of proposals arising from these committees can be used to measure the impact of the project. Discussants noted that the project demonstrated many positive aspects; it moved beyond film to engage face-to-face dialogue; it ensured youth participation in democratic processes at the ground level and it combined effectively both cultural and social reality. The ability of these initiatives to promote dialogue and overcome barriers between different portions of society were the principal opportunities identified. In both cases a form of expression – moving images – is used to engage the public (or a specific segment of the public such as youth) and to provide a support for their reflection, facilitated by new technology.

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The discussion also underlined the power of images to provide a specific view of events and indeed replace real events with a manipulated/fictional vision or version.

synergy magazine

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A wide consensus was reached on the necessity to recognise that this place of intersection of art, technology and democracy was still very much an area under construction. The need to seize internet as an opportunity to push society towards greater empowerment at grassroots level together with increased transparency and enhanced accountability on the part of politicians was stressed several times by both discussants and participants. The debate focused also on the high level of responsibility that the authors of such initiatives must assume when using moving images on internet, as well as the lack of a proper legal framework defining its limits. Often film uses fictional tools to represent a situation or an emotion effectively and aesthetically. However such distance from reality embodies in itself a risk represented by the power of images to affect perceptions of authenticity/truth and to shape how messages are (or must be) understood. One of the solutions to address this issue would be ensuring the highest levels of transparency on the part of the authors of such initiatives, thus providing the audience with the tools to distinguish fictional from non-fictional. Discussions focused on the absence of a universal legal framework for the internet and a widelyaccepted deontological code for its use. A wide consensus was reached on the necessity to recognise that this place of intersection of art, technology and democracy was still very much an area under construction. The message for Europe and for the Council of Europe should be that a level of humility in approach was necessary; admitting the necessity of a critical evaluation of these developments while at the same time acknowledging, in a spirit of generosity and authenticity, their importance to the advancement of democracy.

*European Support Fund for the Coproduction and Distribution of Creative Cinematographic and Audiovisual Works

Partners' & Externals' Perspective

Recipe for a moot court competition case

"Case of Adam v. Evrylia"

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The experience of moot courts was first acquired, for most of us, by President of the being on the other side of the bench, Executive Board as students participating in moot court EHRA competitions. It truly was one of the most memorable snapshots we cherish from our student life. In fact, it might have been the first time we actually went into a court. And what a court to start with!

Being involved in the European Human Rights Moot Court Competition is a highly ennobling opportunity... It is as getting a Michelin star for the years of cooking and being invited to prepare a royal menu.

Being involved in the European Human Rights Moot Court Competition is a highly ennobling opportunity, equally for us and for students just starting their carrier in law. It is as getting a Michelin star for the years of cooking and being invited to prepare a royal menu. We have been cooking a lot at the European Court of Human Rights and for the Council of Europe in the human rights cuisine: examining complaints sent to the Court in Strasbourg, drafting case reports or supervising implementation of judgments. We’ve been training and spreading knowledge on the Court’s case-law and on standards of human rights protection set by the European Convention on Human Rights. In the ELSA Human Rights Moot Court Competition, we could see how the new generation interprets and uses them. It was a great pleasure to serve as the jury for the first edition of the Competition last year and to see its success. The idea of becoming the “cooks” and deciding what’s on the plate for this year’s edition was thrilling and we’ve accepted it eagerly.

The recipe is very exciting. You first take the imagination and let it fly. You then mix in the legal skills to bring it back to earth and give it an accurate texture; on this one you have to be extremely careful as any particle of imagination not tamed by legal research can then give authors headaches when confronted with the clarification questions or with the technicalities of the bench memorandum to be drafted for the jury. After letting it leaven a short while, you add up a critical eye to level it to coherence with regard to the details and to firm its style. Just before serving, you sprinkle some funny bits here and there to give it a twist and here you have it: the moot court case.

Ana-Maria Telbis

Drafting a moot court case involves a lot of fun and a fine mix of ingredients. It requires strong legal skills (to debate on a matter is tough enough but try balancing the matter in such way as to create the debate and make it challenging, on top of trying to imagine every possible perspective the students might have on it and see where it fits in the balance, not forgetting the background research necessary for it), a lot of imagination, an eye for coherence and style and a touch of humor. 14

Partners' & Externals' Perspective dubious football star and all their stories. The advantage of bringing in the topic of freedom of expression is that it immediately triggers the balancing right of respect to private life, and since the most important thing in a moot case is to allow both sides to conduct a fair argumentation, on this topic the debate can go on forever. Next in line: substantial but light for digestion. The advantage of bringing in “lighter” issues was that in this way, the facts would not weigh over the legal arguments. Allowing death, imprisonment, torture in the story would always bring all debate down to the tragic outcome. In lack of such an element, students need to focus on legal arguments to back the side they are on, which obviously matter more than the blocking of a blog, the cancellation of a football match or the abrupt end of the footballer’s engagement. And why not dare to expect some sharp humor from the students in their pleadings as a method to bring down the other party’s arguments? After all, they are training to be lawyers, many of them probably barristers, and lawyer teeth must be sharpened from early stages, so here is a good opportunity for them to start, in front of the hopefully delighted panels. Third element: relevant to everyone’s daily reality. Today, is there something more present in our lives than social media? Or football? Trivial as it may sound, one can easily imagine most of us would experience hard feelings if our social media profiles would be taken down one day, harming our virtual persona. And while many other more serious topics like death, torture or deportation are thought to be things that happen to others, but highly unlikely to ever happen to most of us, well virtual profiles and blogs are something utterly linked to our routine. Another argument in favour of making this the subject of our case is that it is one that is yet to be explored by case law, thus challenging the students to think, make ingenious analogies and interpret rather than just evoke citations. Another important component of the story is hate speech. There is a vivid campaign in Europe to highlight the seriousness of this matter and the importance of refraining from making use or encouraging it. The Council of Europe is running a complex project of awareness raising on the negative impact of hate speech on society. As one can almost not perceive nowadays hate crime without thinking of Internet and blogging, it was for us a perfect match to allow students to give a thought about it. Serious as it sounds, drafting the case based on this topic had its fun parts nevertheless, like picking up the names of the bloggers, at which one among us proved particularly ingenious. The identity would be kept hidden for now as the said person is still thinking about a pen name to match the success of this unexpected literary debut.

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And now it comes to the choice of the menu. The one thing we all wanted from the outset was to make a case legally challenging, serious yet not tragic, relevant to any participant's own everyday life and … fun! And what can be closer to a student's heart than social media? Lastly, a must for a savoury moot case: fun. Well, on this one we had a blast. Our experience from previous competitions left us with the feeling that as very serious issues were always discussed, no one would allow themselves to take it with a touch of humor, exactly because of the almost tragic topics on the table. Not that freedom of expression wouldn’t be a serious one as such, and students surely know how many people around the world still pay with their freedom or even their lives for this sometimes very luxurious right. What we tried to do, though, through this case was to keep the tragic side out. Therefore, no one died, got imprisoned or tortured. We had to signal this might very well happen in reality, so we left the risk for the applicant of being sentenced to prison lingering in the air, in an ongoing criminal proceeding to which no one would ever know the outcome. Unless, of course, the story proves very successful and, following the example of Hollywood moviemakers, we make a sequel for next year’s edition. Who knows, even a trilogy might be envisaged. So stay tuned! All in all, the chefs enjoyed preparing the moot court menu and hope the students would have a blast chewing on it. You can find more details about the competition, as well as the case at www.humanrightsmootcourt.org. More details about EHRA are available at www.ehra.fr.

The present article is based on a joint contribution from the case authors for this year’s edition of ELSA’s European Human Rights Moot Court Competition, namely: Lucja Miara (Vice-President of the Executive Board, EHRA), Simon Palmer (Member of the Advisory Committee, EHRA), Stefan Sîrbu (Country Coordinator for Moldova, EHRA) & Ana-Maria Telbis (President of the Executive Board, EHRA).

Partners' & Externals' Perspective

Cultural Intelligence

Beyond and within STEP and IFP

If you have not joined ELSA, where have you been until now? I still did Cultural Intelligence not find an answer for any other orconsultant and trainer, ganization specialized for law students ELSA Alumni that develop skills on leadership, management, organizational, educational, legal and international cooperation in cross cultural environment. Loreta Pivoriunaite

If I wouldn’t join ELSA - I would not have a possibility to go for STEP (I was in Slovakia) and create, implement, monitor IFP at the time when I was a VP for S&C at my precious time in the international board of ELSA, in term 2006/2007. And in any of the aspects of communication I had with my fellows from Turkey, or Germany, or even Sweden or Norway, today being a Cultural Intelligence facilitator who brought this topic to Synergy. And you know why? Starting from ELSA times till nowadays, this is one of the strongest ability I have developed; working in cross-cultural teams, the same as you (reader) are doing, by being a trainee or an organizer of some IFP event and looking for an international speaker for your project. And you know what else? The abilities or skills you develop in ELSA, are a huge value for a demanding job market in a legal or any other global business you will once join. Respect is one of the abilities very much needed to be compatible and for the mutual understanding, which is also a value you can bring to todays’ global market. STEP is a recognized cross cultural ability challenge program on your personal development side and IFP is an organizational skill builder for your future job. In any of these programs I have participated in, 16

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Cultural Intelligence (CI) is the ability to adapt to crosscultural situations.

for example STEP- motivation is a very important aspect of it: “Why am I going for a traineeship and what do I want to get there? What about the knowledge regarding the country, the lifestyle, the history of the place I am going to? And furthermore, the strategy I am going to use in order to make my traineeship successful in cross cultural situations and an action that I am going to take in terms of my behavior adaptability and flexibility to encounter?” Cultural Intelligence (CI) is the ability to adapt to crosscultural situations. And for ELSA member it becomes relevant, when they gather or get in contact with members from different regions in Europe. The four capabilities mentioned above: your motivation (drive), knowledge, strategy and action are the ingredients to be successful in a job market. And ELSA gives its’ members the opportunity to develop the CI. These days professionals across boarders and professionals working for global issues either in media law, or human rights need to be culturally intelligent. For instance, it is interesting to meet the colleague which is an Indian and is living in Germany-is there a need for CI in the multicultural environments? Here are some tips on how to adapt to other cultures when your colleagues or members working on a project are from different cultures, in order to increase your cultural intelligence:

Partners' & Externals' Perspective

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STEP is a recognized cross cultural ability challenge program on your personal development side and IFP is an organizational skill builder for your future job.

CQ drive (motivation) Keep an open mind when talking to people who are different from you, whether they are from a different culture, ethnicity, political or ideological group, or simply from a different organization. Be interested in other people genuinely. Think of what you can learn from it. CQ knowledge Learning about how culture in general shapes someone's behavior, values, and beliefs. So at least get involved into the local news or get to know something about the specific culture, traditions. CQ strategy Make a habit of thinking about cultural differences and their impacts, they will naturally feed into your planning. The most important is that we don’t judge, that we are open and that we try different ways of interactions with people. What fits one culture does not fit to another. CQ action "Think on one's feet" in difficult situations. Observing and adapting your non-verbal behavior, language in order to be on the same ground.

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The four capabilities mentioned above: your motivation (drive), knowledge, strategy and action are the ingredients to be successful in a job market.

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I am not promising that it’s going to be easy, but having experienced it in practice – it’s worth it every time, as by every chance we are learning new skills and becoming more intelligent. So being a member of ELSA and going for programs as STEP and IFP makes you a more skilled and demanded professional. I have successfully finished my master studies in law while I was working in the international board, however I did not become a lawyer, thanks to the environment ELSA provided me with – international scope, different cultures, respect to people, management skills and a network. Today I am engaged into training area by working for a global company, aside of that I am involved in cultural intelligence facilitation and personal leadership concentration development topics for organizations and individuals.

Partners' & Externals' Perspective

STEP Mosaic

STEP Employers' point of view

Syed Imad-ud-Din Asad Founder and Director, Center for Law and Policy, Lahore

I have been hosting STEP Trainees since summer 2013. Based on my experience as a Traineeship partner in Pakistan, I consider ELSA’s initiative to be extremely significant and commendable as it brings law students from diverse cultural and academic backgrounds together, consequently, enabling them to learn from each other’s skills and experiences.

While European students learn about Islamic law and Pakistan, Pakistani students learn about legal systems and social trends in Europe. Ultimately, both gain a better understanding of each other and how they can work together for a better world. Though on a small scale, it has initiated a much-needed, cultural and academic exchange between Pakistan and Europe. Also, it allows me to identify and recruit young foreign faculty. Of the four Trainees hosted so far, two have the right potential and are interested in joining Center for Law and Policy after completing their studies in 2014. I totally support STEP and congratulate ELSA on doing a wonderful job!

"In our opinion STEP is a great opportunity for both - employers and Anna Humnicka students. We are relatively new (partiHR / Office Manager cipating at this program only since last Noerr sp. z.o.o. Spiering Sp. K. year), but our overall experience with STEP was more than positive and we will definitely continue the cooperation. As a German-based law firm, we value especially our Trainees from German speaking countries. The profit is mutual – our

Trainees get the chance to study Polish law, acquaint themselves with a different legal system, as well as practise their language skills and we gain help in translating different types of legal documents. Additionally, STEP is also a great marketing tool reaching young, talented law students, who get to know our firm while also spending some exciting time abroad."

I highly recommend STEP. In my capacity as former Vice President for STEP of ELSA International, STEP Trainee and Delia Orabona ELSA Alumni, more recently STEP Employer, I could previous STEP Employer experience from different perspectives at Altius, the professionality of the ELSA Network EU&Trade Lawyer in managing the (enlarged) EU wide offer of Traineeships, the selection of highly skilled students and young lawyers as well as the reception in a foreign country and different legal system. STEP Trainees add great value to their curricula and the employers benefit from their work and their knowledge of different languages and legal systems. STEP opens up new professional horizons in new countries, contribute to the enrichement of the local -often too national focused - working teams. As Senior Associate I have been in charge of “coaching” the trainee Ezgi Kılınç, a brillant turkish lawyer which highly contributed with her academic and professional skills to the development of the Trade practice within a belgian firm. She was mainly in charge of the research on new Trade topic and was writing the article on the “The EU-South Korea Free Trade Agreement: Implications in the First Year of Implementation” which will soon be published in the volume “The European Union in the World”. I can only recommend STEP to both; to students and to employers - being a mutual benefit and great professional as well as personal experience which is the core of the ELSA and of the EU values!

International FOCUS

Practical Experience Abroad

Why is STEP so uniquely different?

Today’s law students spend most of their time in the university, in unattractive rooms with bad light Clemens Hartig and with their heads stuck in heavy Vice President for STEP books. They finish law school with ELSA International more or less good grades and start to find a job. At this moment most of them have never seen a law firm from the inside, never done legal work or experienced law in other cultures. But I am just talking about normal students. Within ELSA our members are not just normal students and they don’t really fit in the picture I literally draw one paragraph before. Our members are very motivated law students for whom the university is just not enough. They want to experience their possible future work environment already long before, and they want to look at the international field of law outside the box. ELSA offers them opportunities to do all this, and one of these opportunities is STEP. STEP is our Student Trainee Exchange Programme, in which our members can apply for Traineeships/Internships all

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STEP is our Student Trainee Exchange Programme, in which our members can apply for Traineeships/Internships all over Europe and beyond.

over Europe and beyond. But what is so special about that? Firstly, STEP has been running for 30 years already and the numbers of employers and applicants are increasing, which shows the success and quality on both sides.

Secondly, our already very special applicants get special treatment. Because ELSA cares a lot about their members, we support them by filling in their applications which reaches from simple crosschecking to professional CV-Trainings. We support them when they are selected, and come to attend their Traineeships. We help them find accommodation and give them a smooth start by involving them in our social environment.

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All good things come in threes; all this is free of charge for employers and students!

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STEP has been running for 30 years already and the numbers of employers and applicants are increasing, which shows the success and quality on both sides.

STEP is now 30 years on the market and is a growing, prestigious and unique programme and one of the three pillars of ELSA. This STEP into the future is the golden key every good law student needs to open the heavy doors to success.

International FOCUS

United in Diversity

The Final Conference on Online Hate Speech

Tino Boche Vice President for

Working together towards a better future...

Academic Activities

Between the 3rd and 8th of December almost 60 participants from all over Europe where gathering in Oslo, Norway to discuss about the patterns of modern Online Hate Speech. It was very soon clear how important this topic is, especially because of all the new technical opportunities. ELSA International

During the week we not only had different lectures and workshops about the topic itself but also the chance of being an active part of it through workshops and discussions. It was soon clear that there are basically two approaches towards this topic in the moment. You either regulate Online Hate Speech very much, including the legislation in the national laws in order to protect possible minorities as well as victims of Online Hate Speech. The other way of dealing with the issue is to not regulate it at all – in a sense having a complete freedom of speech like it is practiced in the United States of America. Like that no one is favored and no unwanted attention, especially from the media is given to words. This in mind, it was decided to create some guidelines to moderate Online Hate Speech, an initiative by the Academic Coordinator of the conference. The aim was to have a measurable outcome of the conference with all the inputs from the different nationalities present. One of the main highlights during the conference was most probably the visit of the Oslo Police Station where the participants of the conference had 20

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One of the main highlights during the conference was most probably the visit of the Oslo Police Station where the participants of the conference had the chance to talk to practitioners as well as the actual victims of Online Hate Speech. the chance to talk to practitioners as well as the actual victims of Online Hate Speech. This experience brought another not only legal angle to the topic which gave valuable ideas for the guidelines to moderate Online Hate Speech. At the end the participants were aiming to make a difference, exchange their ideas and talk about national legislations and learn something new. This created a productive and enjoyable atmosphere where people from all over Europe tried to find new ways to deal with the topic of Online Hate Speech – and succeeded. I would like to thank ELSA’s National Group ELSA Norway for providing a platform from students for students to work towards a better future.

International FOCUS

Enjoy what ELSA has to offer on the international arena

My perspectives of the World Forum for Democracy 2013

When talking about what ELSA has to offer, we often talk about Anders Liljeberg Vice President for Marketing something that for me is very imELSA International 12/13 portant – international experience. International experience in terms of international traineeships, summer law schools and internal meetings. International experience in terms of meeting law students and professionals from all around Europe. International experience in terms of getting new perspectives on your law studies and gaining new perspectives on choice of career. In November 2013, ELSA sent a delegation to represent the organisation at the second edition of World Forum for Democracy organised by the Council of Europe, the Human Rights Partner of ELSA. World Forum for Democracy aims to gather human rights advocates as well as youth participants to discuss topics concerning… well, democracy!

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By attending an ELSA delegation you get the chance to experiencing international decision making by observing and attending sessions like the United Nations, the World Intellectual Property Organization or in my case, the Council of Europe.

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Before applying to the delegation to the Council of Europe, I had experienced a lot in ELSA. I have been an active ELSA officer and I have also dedicated one year to work for the International Board in Brussels. However, this kept me thinking – what if other students do not want to go that far’ but still experiencing the international level of ELSA. Maybe some of you do not have the time to take a STEP (Student Trainee Exchange Programme) Traineeship through ELSA because you have to study. Well, don’t hang your head; ELSA has a great solution – delegations! By attending an ELSA delegation you get the chance to experiencing international decision making by observing and attending sessions like the United Nations, the World Intellectual Property Organization or in my case, the Council of Europe. Back to my experience… I arrived to Strasbourg one day after the other 13 (!) delegates from ELSA, a bit frustrated by the fact that airport managed to forget my bag in Stockholm. However, that frustration disappeared quickly after seeing all (new and old) ELSA friends in front of the Palais d’ Europe. We had three days in front of us with workshops and discussions on democracy, democracy 2.0 to be more precise. Democracy…what? I have to admit that I was not really sure of what the topic was supposed to mean before I started to study it more in dept. However, it turned out to be a really interesting one – is the internet revolutionising democratic practice? During the Forum, the ELSA delegates attended different workshops on various topics such as filmmaking, online petitions, digital human rights defenders and many more.

International FOCUS

ELSA Delegation at the World Forum for Democracy 2013.

There were also several sessions in the big hemicycle, which we all attended. Discussions on democracy were all over and ELSA was of course also all over – active in the discussions and updating from our delegation via social media. Even if the topic was very interesting, the topic itself is not what leaves me with the best memories from my very first ELSA delegation. I think it is the mixture of getting thrown into the ‘real world’ of law and, at the same time, enjoying that with other law students. It is a great way of getting both professional and personal experiences and to get an insight in the work of very important institutions.

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During the Forum, the ELSA delegates attended different workshops on various topics such as filmmaking, online petitions, digital human rights defenders and many more.

I think everyone would agree upon the fact that we had a great time in Strasbourg – both inside and outside the buildings of the Council of Europe. During the days, everyone stayed sharp and represented ELSA in a very professional manner – as we are well known to do – and in the evening it was nice to get out of the suit having a great time at the restaurants and bars of Strasbourg. And I think that is the essence of ELSA delegations! Now thinking back of my experience at the World Forum for Democracy, I am very curious to attend another ELSA delegation and experiencing the sessions of the United Nations or the World Intellectual Property Organisation. I think you should do the same. Also, I would like to thank the Council of Europe and the International Board of ELSA for giving us this opportunity, I am sure I am not only talking for myself but also for the other delegates representing the worlds’ largest independent law students association!

ELSA Interview

"Explore. Dream. Discover."

STEP Trainees about their experience

Adi Bikic

Tessa Mallia Borg

Shaﬁ Naib Khail

Member of ELSA Austria

Member of ELSA Malta

Member of ELSA Denmark

STEP Employer: University of

STEP Employer: CMS Cameron

STEP Employer: Arendts

Marburg, Faculty of Law

McKenna

Anwälte Grünwald, Münich

STEP country & duration:

Germany, 3 months

UK, 3 months

Germany, 2 months

What was the trigger for you to decide and apply for STEP Traineeship? Adi: Actually, I joined ELSA only because I wanted to complete a Traineeship abroad. But after the first meeting with the board of ELSA Vienna, I liked the philosophy of the association and the involved people so much, that I became a very active member. And although I had two fabulous years in which I organized and participated at various ELSA Events across Europe, I did not forget about my initial wish and completed the Traineeship at the end of my ELSA career. Tessa: Although I have been fortunate to have had a terrific experience as a Trainee in Malta, my long term goal has always been a leading career at an International city law firm. Through STEP I was able to move one step closer to achieving my long term goal whilst working in one of Europe’s most prominent financial hubs – London.

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Tobias Birsak Member of ELSA Austria STEP Employer: Schellenberg Wittmer AG STEP country & duration: Switzerland, 2 months

Just do it!

some experience abroad before starting to work in earnest. STEP is definitely the most extensive and efficient program for law students to gather such experience. How were you treated during your STEP Traineeship (for instance: information beforehand, on your arrival day and during your Traineeship etc.)? Adi: One of the best things of STEP is the personal support of the ELSA Officers. In my case it was lovely Jeneka Manoharan, Vice President for STEP of ELSA Marburg. She facilitated the search for the accommodation and picked me up upon my arrival. Furthermore and maybe even more importantly, she helped – especially in the beginning – to settle down and integrate into the new working and living environment.

Shafi: I have always wanted to work with international law, but I couldn’t decide, because “you always try the car before you buy it.” So…what triggered my application was having the opportunity to try and practice law in a foreign language and in a foreign country with a complete different legal system.

Tessa: On my first day I was introduced to my supervisor who briefly updated me on the cases I would be working on and introduced me to the rest of the team. I was given adequate training during my traineeship, allowing me to get work done easily. My supervisor was extremely helpful throughout my Traineeship and welcomed any questions or difficulties I may have had when doing work.

Tobias: I graduated a year ago. And after my court clerkship and an internship in a law firm in Vienna, I wanted to gain

Shafi: The treatment was good; the contact to the VP STEP ELSA Munich was established just days after I was appointed

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ELSA Interview as the Trainee. The whole process went smoothly, I received information about the Traineeship, transportation and the accommodation days before my arrival and everything went stress free. Tobias: STEP is advertised as offering full service to its participants. And that is exactly what I experienced during my STEP experience. I was fully briefed on all practicalities before my arrival in Zurich by either my employer, Schellenberg Wittmer, or the local STEP officer, Karin Schmid, whom I want to extend my warmest gratitude to. My accommodation was provided by Schellenberg Wittmer who also provided me with a smart phone to cater for my communication needs. On the arrival day, I was greeted at the train station by a representative of Schellenberg Wittmer and Karin, who also accompanied me all the way to my apartment. During my two-month stay ELSA took exquisite care of me answering all my questions and inviting me to all their events, even organizing a special STEP dinner for me. How did your normal STEP day/week look like (including work and social part)? Adi: As research Assistant of Prof. Johannes Wertenbruch, I was working from Monday to Thursday in the field of German civil and corporate law. The work enabled me to get a deep insight into the German legal system as well as into its academia. Since I had Fridays off, I used the weekends to travel within Germany to different ELSA events in order to gain new skills and knowledge as well as to strengthen old friendships. Tessa: The typical working hours at CMS Cameron McKenna were between 9:30am-5:30pm. When deadlines had to be met, the hours were often prolonged. Social events with other Trainees were often organised giving me the chance to meet my team members outside of the typical work context. Shafi: My office hours were quite flexible. I started at work every day between 9-10am and I called it a day when I was done with all my tasks, some days I stayed at the office until approximately 8pm, other days I went home at 4-5 pm. There were also days which started at 6am, that’s when I had to attend court meetings in another city, e.g. Nurnberg. The social part didn’t include ELSA, the university semester started at mid October. Tobias: Schellenberg Wittmer is one of the leading law firms in Switzerland and offered me a unique insight into their dayto-day work. That included hard work and a lot of lessons to learn, of course. But Schellenberg Wittmer also puts huge emphasis on training and social events, so I had at least two

training sessions a week on different hard and soft skills and attended numerous social events, including the Christmas dinner alongside the whole firm. In my leisure time I travelled the country, met ELSA friends and colleagues from the firm and enjoyed the culture and the surprisingly good weather for this time of year. What was the best (or funny, interesting) thing that happened to you during STEP exchange? Adi: Although a lot of great things happened during my three months stay, the greatest thing happened at the very beginning. Shortly after I arrived, it came out that I have to pay more than 200 EUR for different procedures necessary to start working at the German university. Without asking him and without being obliged to do so, my boss, Prof. Johannes Wertenbruch, paid the required amount out of his own pocket, because he did not want me to bear expenses which I did not know about before accepting the job. Clearly, it is not a story about money, but about fairness and human greatness. Tessa: Funny/embarrassing story – I was told to go to the Law Courts to pick up an important document for a case I was working on. As I finally got hold of the document and began to walk back to CMS, a gush of wind blew the paper right out of my hands! In a state of panic, I started to run after the paper until I finally got hold of it, only to realise that two London buses were hooting their horns as I ran down one of the busiest streets in London in the middle of the road! I can safely say that I risked my life for that document! Shafi: The president of ELSA Germany was visiting Munich and we decided to buy the traditional lederhosen and attend the Oktoberfest together. Once at the “Theresenwiesn” It was really hard to find a free seat in any tent. We finally found two seats and the guys besides us had both studied law and they had been active in ELSA. My whole Traineeship was filled with interesting things, just to mention a couple of them; I met the president of the Bundesgerichtshof, I attended the

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The STEP employer can enrich the working environment of his firm and is able to benefit from the special language skills and knowledge of the foreign Trainee.

ELSA Interview

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International experience is probably the number one CV asset demanded by employers today...

General Assembly meeting of Prime Office Reit with two proxies and there, I also met a kind seventy years old woman, who afterwards invited me to dinner. Tobias: The most unexpected but also extraordinarily rewarding experience was my participation in the firm choir as their guitarist and the only male member. This was met with huge appreciation from the firm and of course eternal fame on my part. What song best describes your STEP experience? Adi: Hahaha… That is hard, but since “I did it my way”, I choose Bon Jovi’s “It’s my Life”. Tessa: Ima Robot – Greenback Boogie (Suits Theme Song) Shafi: One song cannot describe it :D Tobias: Soundtrack of “Inside Llewyn Davis” – I saw the movie in a wonderful little cinema in Zurich and it totally reflects what I feel having just arrived back from my great STEP time. What are in your opinion two main benefits for the company to become a STEP employer and what for potential STEP Trainee? Adi: The STEP employer can enrich the working environment of his firm and is able to benefit from the special language skills and knowledge of the foreign Trainee. On the other hand, the Trainee gets the possibility to discover a new country and its’ culture as well as to gain invaluable and unique working experience abroad. Tessa: Employer: (a) The Trainee can carry out work with clients from their country (b) Builds upon the company’s reputation by involving itself in international associations such as ELSA. Trainee: (a) Experience working/ living in another country (b) Enhancing your CV.

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“The journey of a thousand miles begins with a single STEP.” (Lao Tze)

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Shafi: Cheap and professional legal assistance are my two cents. As a Trainee you gain a lot of experience and evolve as a human being and as a student. This is once in a lifetime opportunity to find out if you’d want to work with for instance “family law”. “A Trainee gets to try the dish before buying the dish with a STEP Traineeship.” Tobias: As a STEP employer a Trainee brings additional legal, language and cultural experience to a company which can often be very useful. Furthermore, as an internationally oriented employer a good foreign Trainee can also be a valuable marketing tool as he will take his experience in my company back home and – if it was a good experience – will promote my company wherever he goes. As a STEP Trainee there is no excuse NOT to go abroad for a Traineeship. International experience is probably the number one CV asset demanded by employers today and is a necessity to compete in the job market. To live and work abroad also broadens your horizon and strengthens you character. Your final message about STEP to our readers. Adi: The American author Mark Twain seems to have already thought about how to motivate students to apply for STEP when he said: “Twenty years from now you will be more disappointed by the things you didn’t do than by the ones you did do. So throw off the bowlines, sail away from the safe harbour. Catch the trade winds in your sails. Explore. Dream. Discover.” The ancient Chinese philosopher Lao Tze is even able to summarize my thoughts in one sentence: “The journey of a thousand miles begins with a single STEP.” Tessa: Living in one of Europe's most prominent financial hubs and having the chance to work at a city law firm like CMS Cameron McKenna has been extremely wonderful! Being involved in both the technical and practical aspects of some of the biggest deals was truly inspiring and has given me unforgettable knowledge which I will hope to carry on throughout the rest of my law career. I would definitely encourage anybody to participate in STEP - an excellent opportunity for all of Europe's law students, successfully organized by ELSA! Shafi: Apply, you will not regret it, do not hesitate, this is an opportunity in which you experience not only a new country and its’ legal system, but you will also experience and become a part of a new culture. Tobias: Just do it! Prepared by: Petra Podgoršek Vice President for Marketing ELSA International

LXV International Council Meeting (ICM) Date: 16th - 23rd March 2014 Place: Qawra, Malta Working Language: English

ELSAMUN 2014 Date: 12th - 16th March 2014 Place: Porto, Portugal Working Language: English E-mail: elsamun2014.elsaucpporto@gmail.com Website: www.mun2014.wix.com/elsaucpporto Registration deadline: 03/02/2014

MARCH

ELSA Moot Court Competition: Final Oral Round Date: 13th - 18th May 2014 Place: Geneva, Switzerland Working Language: English Contact Information: Oda Linneberg Uggen E-mail: mootcourts@elsa.org Website: www.elsamootcourt.org

European Human Rights Moot Court Competition, European Finals Date: 23rd - 26th February 2014 Place: Strasbourg, France Working Language: English Contact Information: Oda Linneberg Uggen E-mail: mootcourts@elsa.org Website: www.humanrightsmootcourt.org

Summer Law School on WTO Law Date: 3rd - 10th August 2014

AUGUST

Summer Law School on International Business Law Date: 14th - 19th July 2014 Place: Braga, Portugal Working Language: English Contact Information: Filipa Longras E-mail: vp.sc.elsauminho@gmail.com Website: www.internationalsummerschoolbraga.wordpress.com

JULY

MAY

FEBRUARY

ELSA Events Calendar 2014

LXVI International Council Meeting (ICM) Date: 19th - 26th October 2014 Place: Bodrum, Turkey Working Language: English

OCTOBER

IV Key Area Meeting (KAM) Date: 3rd- 7th September 2014 Place: Prague, Czech Republic Working Language: English

IV Supporting Area Meeting (SAM) Date: 3rd- 7th September 2014 Place: Madrid, Spain Working Language: English

SEPTEMBER

XLIX International Presidentsâ&#x20AC;&#x2122; Meeting (IPM) Date: 27th- 31st August 2014 Place: Graz, Austria Working Language: English

CMS_LawTax_CMYK_over100.eps

ELSA Day - Online Hate Speech Panel Discussion in European Parliament 2014 Date: 5th March 2014 Place: Brussels, Belgium Working Language: English Website: elsa.org/page/elsa-day

International Seminar on Mergers and Acquisitions Date: 23rd - 27th April 2014 Place: Tallinn, Estonia Website: www.elsa.ee

APRIL

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www.elsa.org

For more upcoming activities, go to our website:

Summer Law School on Media law and International Standards on Access information Date: 7th - 14th August 2014 Place: Sarajevo, Bosnia and Herzegovina Working Language: English Website: www.facebook.com/sarajevosls Registration deadline: 01/06/2014

Place: Cluj-Napoca, Romania Working Language: English Website: www.cluj-napoca.elsa.ro Registration deadline: 30/04/2014 VI ELSA Ex-Yu Conference Date: 26th - 30th November 2014 Place: Rijeka, Croatia Working Language: English Contact Information: Filip Jakovac E-mail: jakovac.elsa@gmail.com Registration deadline: 01/10/2014

NOVEMBER

ELSA Interview

CBL International brings ELSA to China

Joint programme with ELSA a special focus on legal aspects

Petra Podgoršek Vice President for Marketing

China’s economy is growing rapidly, and will continue to do so in the coming years. There are lots of opportunities for lawyers, with many European law firms having branches in China, and even more European companies running own operations in China.

ELSA International

We had the opportunity to have an interview with Ms. Tina Jiang, Academic Partnership Manager at CBL International. CBL International is an experienced provider of academic programmes. Since 2007, China Law School summer courses offer their delegate the chance to get high level lectures from international faculties, meet interesting lawyers and managers, and build up ties with multinational law-firms and companies. You help students and young professionals to cross boarders. What does it do for their career? Our programmes introduce different emerging markets to the participants. CBL International offers the platform to learn more about Dubai, China, India, or to gain study experiences in such prestigious places as Oxford or Cambridge, UK. Anyone interested in, let’s say, China, can get access to law firms, lawyers, companies and managers. CBL International schools offer all that in a short period of time, and all former

participants are still able to use the CBL International network if they want to. In July 2014, you are offering a special programme for ELSA members. Can you tell us more about this? Our joint programme with ELSA will have a special focus on legal aspects. ELSA members will meet with students from other faculties, too. But there will be meetings with lawyers and lectures on legal topics for ELSA students. Topics will be for example Intellectual Property rights, Chinese legal system, International Commercial Arbitration, Taxation and much more. And you will also have one week included to the programme which will be held in Beijing and Tianjin, one of Chinas most emerging cities close to Beijing. This sounds very interesting! Who will be the suitable participants and what do I have to do to find out more about this? Our concept is very simple: everyone interested in the spot is welcome to join and to apply. On the ELSA website you can find the special offer for ELSA members, who receive a 30 percent scholarship on the tuition.

Legal & Cultural Diversity

Polish press law

Specificity of institution of authorisation

In 2014, we will not only celebrate the 30th anniversary of the Szymon Cydzik STEP but also 30th anniversary of Member of the proclamation of a press law in ELSA Warsaw Poland.1It is a good opportunity to analyze the interesting and controversial institutions, introduced by this law, which is called the „authorization of press statement”.2 One part of Polish officials argues that this institution does not exist in any European country apart from Poland.3 Others are looking for similar regulations in French and German legislation4. Despite of few resemblances, French solutions concentrate more on protecting the image (especially in electronic media), and the German approach focuses on „the right to create personality” – while the Polish authorization serves (theoretically) to protect the freedom of speech. That's why this institution can be considered a Polish phenomenon, worth to be presented to foreign readers. “The authorization of press statement” is introduced by 14th article of a press law. Literally it proclaims „Journalists cannot refuse the possibility of authorization of literally quoted statements from the person who provided this information, if it has not been public before”.5 This phrase couses a lot of practical problems. Firstly, because the law doesn’t specify what exactly is within the scope of competences of the person who is giving authorization. Officially, the author of the statement can only confirm or deny the authenticity of the text and give (or not) consent towards a publication. But in many cases, for example interviews, authorization-giver amends so substantial modifications (sometimes even in journalist's questions) that final text is totally diferent from previous. But journalist have to accept it, if he wants to publish the interview legally. The main disadvantage of this regulation is also a lack of a specific deadline to give the necessary authorization. For synergy magazine

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One part of Polish officials argues that this institution does not exist in any European country apart from Poland.3

that reason, the author of the statement can block publication practically forever. Another important point is that the authorization can be abused by politicians, acquainted with media and medial law, what brings this institution dangerously close to the censure which is unacceptable in a democratic society. The next problem is the phrase “journalists cannot refuse” which means that an initiative has to go out from the author of the statement. Journalists don't have to inform him or her about the right to authorization or sending the text for confirmation, without author's request. This means, that in practice, only people who know press law and have experiences or contacts with media, can use their right to authorization. In assumption, the rule of authorization should protect people who give information to the media against manipulations and changes of sense made by journalists. Supporters of this institutions state that it ensures the “balance of power” between press and private people, allowing them to decide about the final form of their statements, and build their own medial image. From this point of view, this institution can be considered as a guarantee of the freedom of speech. However, because authorization refers only to „literally quoted statements” it is easy to circumvent it by citing somebody's words as reported speech, which is more favorable to twist the meaning. On the other hand, it allows also

to legally pursuing journalists who publish totally truthful and consistent with original information, but without the required authorization (not necessary caused by the journalist's bad will, but also by behavior of authorization-giver or pressure of superiors). It can be therefore said that as long as journalists could be punished for speaking the truth, the freedom of speech does not exist. This paradox (the true literally quotation is illegal, but manipulated reported speech is legal) was indicated to the European Court of Human Rights (ECHR), which judged that the duty of gaining approval is against the 10th article of the European Convention on Human Rights, guaranteeing the freedom of speech. The Court has noticed that it is necessary to distinguish between statements of politicians and other public figures, opposed to private people. In case of this previous group, the interest of the society is more important than the personal interest of the interlocutor. If medial material is truthful and don't break anyone's personal rights, it shouldn't be punished, even if author doesn't give his authorization. The ECHR also questioned the validity of criminal sanction for publishing a text without authorization, which is established by the 49th article of the Polish press law. This rule envisages a fine or limitation of freedom (compulsory social 30

useful work) to the journalist who refuse to get the approval. The Court also remarks that there are other ways to protect the author’s rights in the Polish civil-law system. In conclusion, we shouldn't totally and blandly condemn the process of authorization. The aim of this regulation was good and noble – with the aim of protecting the rights of author and the integrity of his or her statement. But in practice it is often used as an instrument of limitation the freedom of media. It is worth to think about a few modifications in this institution, like the introduction of concrete deadlines, and resignation from the criminal sanction. Polish legislation should adapt the state’s law to the standards of other European Union's countries as well as the interpretation of the European Court of Human Rights. Press law had been adopted at 26 of January 1984, and had entered into force at 1 of July 1984 2 Polish word „autoryzacja” in this meaning should be translate as „approval” not as „authorization” because it refers to the permission given by the author of the statement and not as licensing given by state institution. 3 This opinion is presented by A. Rzepliński in his dissenting vote to judgment of Constitution Tribunal of Republic of Poland at 29 of September 2008 ( signature no: SK 52/05). This view is also shared by M. Zaremba in: www.koscian.net/Wizerkaniuk_wygral_w_Strasburgu,6656.html 4 J. Taczkowska „Autoryzacja wypowiedzi” Warsaw 2008; J. Sobczak „Prawo prasowe – komentarz” Warsaw 2008 5 Dz.U. 1984 nr 5 poz. 24 1

Think Global, Act Local - The ELSA Network

ELSA Delegation: EXPERIENCING UNCITRAL

"Inspiration for the future studies and work"

Piotr Sekulski Working for ELSA - even though on President a local level - is not always a piece of ELSA Kraków 12/13 cake. Fortunately, there is a great possibility to get rewarded for a hard work from our association. All active members of ELSA have the opportunity to represent the association during the meetings of the world’s most influential international organisations through ELSA Delegation.

From a wide range of organisations which cooperate with ELSA in the field of ELSA Delegations, we were chosen to be the part of the Delegation to one of the United Nations Legal Body – UNCITRAL in Vienna, Austria. The United Nations Commission on International Trade Law aims to “to promote the progressive harmonization and unification of international trade law”1. UNCITRAL is formulating modern, fair, and harmonized rules concerning commercial transactions to increase the opportunities created by the rapidly developing trade. UNCITRAL’s work is divided into 3 levels. The first level is The Secretariat of the United Nations Commission on International Trade Law. It assists the two other levels in their work by conducting research and preparing studies and drafts.

Dominika Zielinska Vice President for STEP ELSA Kraków 12/13

tend my knowledge concerning the topics connected with both fields of my studies.“ (Dominika Zielińska).

The third level consists of six intergovernmental working groups. Every working group of UNCITRAL deals with the specific area of international trade law. The working groups prepare draft legal texts and submit them to The Commission for finalization and adoption. “I took part in the 48th session of Working Group IV - Electronic Commerce in December 2013. It was a great opportunity for me to experience how the international legal body works and how the UN members deal with the current issues of the electronic commerce.” (Piotr Sekulski). ELSA Delegations is undoubtedly unique possibility for law students to participate in the work of the significant international legal bodies. From our experience the ELSA Delegation can be inspiring for the future studies and work.

UN Resolution 2205 (XXI) of 17 December 1966.

The second level is UNCITRAL itself (The Commission), which holds an annual plenary session alternately in New York City and Vienna. ”I took part in the 46th Commission Session in July 2013. The Commission dealt then with the issues of Arbitration and Conciliation. For me, as a Law and Finance and Accounting student, it was the opportunity to ex-

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Think Global, Act Local - The ELSA Network

Mergers & Acquisitions: Crossing Borders!

International Seminar held in Estonia

What makes an ELSA year a success? Mirjam Vichmann Is it internationality, the core attribute Head of the of ELSA that you can bring to your Organising Committee local or national ELSA group by organising an international seminar, or something else? In the spring 2013, ELSA Estonia organised its 7th international seminar on the topic of Cross-border Mergers and Acquisitions: Transactions Between Private Equity Firms. Law students and practitioners participated from eleven European countries and the academic programme of the seminar was compiled by 9 specialists on various aspects of M&A deals in the course of lectures and practical work. It was the first international seminar on M&A held by ELSA Estonia and a great experience to share. Planning When planning is concerned, organising an international event most commonly takes up to one year, although it is also possible to organise within a shorter period of time. Conceptual work is the most important factor of planning, as you have to know the „product“ you are selling to the lecturers and participants. The more detailed and thorough the concept is, the more likely you are to get distinguished lecturers and committed and interested participants. However, that is naturally the most time-consuming part of the process. Team-building, working out an academic programme, finding lecturers and partners and making the event visible for the participants were also the sections on which we put a lot of emphasis in order to make the event successful. The practical key to the seminar

Tiia Annus President of ELSA Estonia 2012/2013

practising.

is crucial, as we took the whole day to play through an M&A deal, negotiate and see how the „deal is sealed“ in the end of the day. This is an experience which you hardly get before you start

Academic programme Academic programme is the key to the success of the seminar, when it has interesting topics and well-planned agenda with lectures and practical workshops. Academic research on the topic could be the first step in working out the exact concept of the event. You could always contact the authors of the academic articles and invite them to give a lecture on the topic in which they have done their research. If an author is working at a university that has a local ELSA group, the best way to get in touch with him would be through them. Nontheless,

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Organising an international seminar can be challenging, but the outcome and benefits of a successful seminar is definitely worth the effort.

Think Global, Act Local - The ELSA Network

The participants of the 7th international seminar on the topic Cross-border Mergers and Acquisitions: Transactions Between Private Equity Firms.

you can always contact the lecturer through the university, or if needed, through the law firm where he/she is practising. ELSA International is an important help, as you can use their assistance to contact international partners in order to find lecturers for your programme. In fact, ELSA International helped us in getting Mr. John Hammond from highly reputable law firm CMS to give a lecture about his area of expertise. In addition, regarding international institutions, you could always contact the local representation of the institution and ask for their assistance for finding a suitable lecturer. For us, the Representation of the European Commission in Estonia was of great help. Team While working on all parts of the seminar, the organising committee has to have an overview and control over the whole process. It can be quite challenging to keep an eye on all the parts of the process. This is where a good and strong team and open communication within it are essential. It is important that the team performs its work as a whole and members of the team are motivated to work towards the success of the seminar during preparations and the event itself. If you divide the tasks on the basis of the team members` interests, synergy magazine

they put more effort into their work and are definitely more motivated to do their best. Dividing tasks also makes it easier to give responsibility and to oversee how work is progressing and if there is any support needed. It is important to have occasional team meetings to build up the team and talk about various plans – 5 „heads“ is always more than one! Organising an international seminar can be challenging, but the outcome and benefits of a successful seminar is definitely worth the effort. Not only does it develop your planning and negotiation skills, but also communication skills on a multicultural level. Internationality brought to the members of your local ELSA group and bringing lecturers and participants from other countries are the things worth to be separate purposes of organising an international event.

ELSA Estonia’s next seminar on cross-border M&A "International Taxation and Merger Control" will be held on the 23 – 27 April, 2014. For more information, please visit: www.elsa.ee You could find information and pictures of the last year’s seminar at www.seminar2013.eu 33

Think Global, Act Local - The ELSA Network

The 5th ELSA Ex-Yu Conference

A perpetual success story

Ana Velkovska President ELSA Republic of Macedonia

The place was the seaside town of Budva where the initial spark for forming a regional cooperation between the ELSA National Groups from the former Yugoslavia was ignited…

The early networking efforts between the six countries who share so much between each other officially started in Novi Sad, Serbia where the first ELSA Ex-Yu Conference was held. The unique experience has shown that the Conference is an excellent way for the students from Bosnia and Herzegovina, Croatia, Montenegro, Republic of Macedonia, Serbia and Slovenia to foster friendship and to promote mutual respect. In the following year during the Conference in Ljubljana, a Declaration for cooperation was signed. It was the foundation and the cornerstone on which the future cooperation is built. Moreover, bearing in mind the similar cultures, geographical positions and traditions between these six countries, the main idea behind this network is also to create even bigger bonds between the young lawyers and to contribute to their professional development. Building on the philosophy statement of ELSA, the topic of the conference every year is chosen within the field of the human rights protection. One thing that symbolizes the Conference and acts as a showcase for our commitment to mutual growth, respect and understanding is the fact that the working language is the language of the host country. We build bridges. We rise above the differences, and we tear down the walls that divide us, building stronger connections between each other. After the successful conferences in Novi Sad, Ljubljana, Sarajevo and Budva, Skopje was the next city chosen to act as a host and continue building on the achievements of previous conferences. 34

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The topic of the conference was the fight against human trafficking.

The preparations for the Ex-Yu Conference in Skopje kicked off a year and two months earlier. A brainstorming session was held with the goal of identifying a topic that has not been covered thoroughly and that would be engaging, relatable and would sparkle the interest of the participants. The conference in Budva served as the podium for our bid for host of the ELSA Ex-Yu Conference 2013. The topic of the conference was the fight against human trafficking. The International Labour Organization estimates that around 2.4 million people in the world are victims of human trafficking. This number does not account for the victims of internal human trafficking within the borders of the countries. This devastating problem, also known as “modern slavery” encompasses exploitation of victims of prostitution, other forms of sexual exploitation, pornography, compulsory labor and service, slavery, compulsory marriages, involuntary fertilization, illegal adoption, illegal transplantation of organs and forced committing of different criminal activities. With the intention of thoroughly familiarizing the participants with the struggles and challenges faced in the fight against human trafficking, a variety of activities took place, courtesy of lawyers, experts from practice, theorists and concerned NGOs. The sessions included workshops, case studies, reviews of existing legislation, and even watching documentaries in order to brainstorm additional methods for a more efficient fight against the scourge of the 21st century.

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The 5th ELSA Ex-Yu Conference in Skopje, November 2013. The fact that the conference was supported by the National Commission for fight against human trafficking and illegal immigration was really humbling and rewarding. Moreover, during the application period we were contacted by a significant number of students throughout Europe who were interested in taking part in the event, but who unfortunately were not able to attend the conference due to the language barrier. This interest serves as a constant and ever present reminder that the human trafficking problem is not to be overlooked, as it is a transnational problem that needs to be more visible in the public eye. Overall, the ELSA Ex-Yu Conference 2013 held in Skopje was a roaring success, revered by its attendees and complimented on the highly engaging topic and the compelling program constructed around the main aspiration of educating the participants of the human trafficking problem. Tho-

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One thing that symbolizes the Conference and acts as a showcase for our commitment to mutual growth, respect and understanding is the fact that the working language is the language of the host country. We build bridges.

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se comments are something our National ELSA Group feels proud of, and takes them as the ultimate token of respect and acknowledgment that our team is on the right track of enhancing the ELSA spirit of collaboration and mutual growth.

“An inspiring environment to be in” by Anneloes Dijkstra, President of ELSA International Even though the language barrier for me was big, since I do not speak any of the languages of the Ex-Yu Countries, nor am I able to read Cyrillic characters, it was an inspiring environment to be in. Seeing these countries together, working towards a common goal with mutual understanding, is admirable. The students are able to create a new ground – a bridge as Ana named it– for the professional development of themselves and each other. I was welcomed with open arms to participate in this conference – not coming from any of the Ex-Yu countries – and I really felt during this week what ELSA means. Thank you Ana, thank you ELSA Republic of Macedonia, you have done a truly great job in organising this Conference and being part of such a great initiative. I hope you will continue developing and discussing these enormously important topics to make them more visible and accessible for change.

Think Global, Act Local - The ELSA Network

ELSA Shop(ping)

Let's go for it!

Wearing a tie is the first serious step in Vice President for Marketing life. The ELSA tie is designed and made ELSA Amsterdam with love. Love for fashion and for ELSA. Inspired by our shared international ambition and vision for a just world, we present you a tie that fits ELSA's borderless personality. In life you are either a passenger or a pilot, it's your choice. - ELSA Amsterdam Majid Zaddi

Being the world’s largest independent law student association, we see corporate identity as an important aspect to think about and to develop it properly, to reflect the proper image. Last year, we came up with the idea to create a new tie for ELSA. The creative process started with a lot of enthusiasm from the entire team, this marketing project was fun and a source of motivation for all of us. The best part is seeing the realization of a product that started as some simple drawing on a piece of paper. I can still clearly remember the day that I, accompanied with our treasurer, picked up the ties from our supplier; the final product looked even better than we could have imagined! To realize a project like this, you will need more than an idea, the “guts” to take risk is indispensable. You have to develop a product that will be appealing to a lot of people. On top of that, you’ll need a board that believes in the product, a board that isn’t scared to take the first steps towards entrepre-

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Can you imagine how great it would be to see your product being distributed over 41 countries?

neurship. Credits and thanks of course go to my board and marketing-team that, from the start, encouraged, supported and put energy in this idea. It would be great if every local group in our ELSA Network would take the initiative to develop an idea and we would end up with a wide array of products. This way, your local group will have its own merchandise linked to it. ELSA International just launched the ‘ELSA shop’ and this completely fits the founding thoughts of the tie. Can you imagine how great it would be to see your product being distributed over 41 countries? We didn’t know about the plans

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Scarves, pins, sunglasses, beanies, hats. The opportunities are only limited by your own imagination - go for it! See you at the ELSA shop!

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for the ‘ELSA shop’ when the development of our tie started, but at the very first moment I heard about it, I was excited and convinced of the benefits and possibilities. With a couple of clicks, you can have an ELSA product from across Europe in your hands. What an amazing way to take a full advantage of our extensive ELSA Network! Without a doubt I will support this initiative (ELSA shop) in every way I can. Realize that this is just the beginning! Just visit the ELSA Shop and you can create your board’s corporate identity that suits our vision. Currently the ties are a big success, the only drawback is that our main marketing tool is Facebook. We can’t reach as many people as we would like to. On our internal meetings (like NCM’s and ICM’s) the ties are very popular, but it’s still a lot of hassle to bring all of them and make sure we bring enough to cater to the demand. That is why the ELSA Shop is an ideal solution for merchandise, especially in our digital age. This way, I hope to inspire everyone in the ELSA Network to start working on their own merchandise. Think of all the ideas and possibilities and the way in which they can put your own local group on the map! Scarves, pins, sunglasses, beanies, hats. The opportunities are only limited by your own imagination - go for it! See you at the ELSA shop!

synergy magazine

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Wearing a tie is the first serious step in life. The ELSA tie is designed and made with love. Love for fashion and for ELSA. Inspired by our shared international ambition and vision for a just world, we present you a tie that fits ELSA's borderless personality. In life you are either a passenger or a pilot, it's your choice. - ELSA Amsterdam -

Visit ELSA Shop:

www.shop.elsa.org

Think Global, Act Local - The ELSA Network

1st ELSA Summer Law School in Bosnia and Herzegovina

“International Standards on Information Access”

What are ELSA Summer Law Schools? Ana-Marija Paponja Director for Press Release

ELSA Summer Law Schools are one-week long international schools on certain law topics, organized by ELSA, and held usually in the period of June, July, August and September. It is organized by the national ELSA group in the country where it takes place. The main ideas behind the Summer Law Schools is to raise the knowledge of the legal topic that is given, to enable participating students to be professionally skilled, to get together students from all over Europe and further for networking, and of course, increase awareness of human rights issues within a certain field of Law. ELSA Bosnia and Herzegovina

Currently, there are about 15 different ELSA Summer Law Schools in the Network (Geneva, Zadar, Vienna, Rotterdam, Istanbul, etc.) on various topics, that can really offer a huge academic acknowledge to anyone participating, and also bring a really rich and unique experience for both sides – students participating and professors lecturing. The number of Summer Law Schools is constantly growing, and the best proof is the very 1st ELSA Summer Law School organised by ELSA Bosnia and Herzegovina – “International Standards on Information Access”.

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ELSA Summer Law Schools are one-week long international schools on certain law topics, organized by ELSA, and held usually in the period of June, July, August and September.

measures, as it basically depends on what we see, read, hear in newspapers, TV, radio, Internet and similar. Moreover, we are often confused when setting the legal boundaries between what access is justified and approved, and what information should never be matter of free access. More importantly, the question about who should be authorized for having free access – government, special agencies, journalists, or simply everybody?

Why “International Standards on Information Access”?

Firstly, debate was freshly stirred in July, 2012 as the UN Human Rights Council passed a landmark Resolution supporting freedom of expression on the Internet. Even China, which filters online content through a firewall, backed the resolution. It affirmed that “the same rights that people have offline must also be protected online...1” which would mean that human rights, including right to information, cannot be restricted. But then a new debate started, about whether to restrict or not, and if so, when it is justified.

We are all witnesses to a turbulent technology development, modernisation and digitalisation of literally everything. Our opinions and attitudes are determined by Media in big

If you want to engage in this problem more, this Summer Law School is just the right choice for you! This is an opportunity for you to find out about different national legislations that are solving these issues, and documents that are determi-

Think Global, Act Local - The ELSA Network ning the problem on the international level, such as Search Privacy Act, which is scheduled to become effective on May 1, 2014. As you might have noticed, this is currently a very important and sensitive topic. It is a huge challenge to satisfy the needs of every-day free information transfer, and on the other hand, the restrictions of access to information due to protections of other human rights, such as the right to Privacy. This, and other similar challenges are being recognised by ELSA, and that is why our International 3-year focus programme is currently set to be Media Law. This means that our main frame work for period of 2013 – 2016 should be in spirit of the given focus programme, and each national group should adopt and implement it in their strategic and operational plans. As previously mentioned, this Summer Law School on this “hot” topic will provide you with all the important key points and academic knowledge behind current big world scandals, such as the Guardian scandal. You will also meet with other, not so famous disputes from similar situations, and thereby develop your critical thinking, and satisfy your curiosity about these big world issues. Still having doubts whether to apply? Maybe Sarajevo will change your mind! Where and when? The beautiful city of Sarajevo is one of the most interesting places to visit in the Balkans. With its extravagant past, full of contradictions, as a place where Middle-Europe culture crashes with Oriental, it can offer you a lot of interesting things to see, places to visit and life-style to experience. As a capital of Bosnia and Herzegovina, it is simultaneously, the biggest city in the country, with a population of around 430.000 people. Sarajevo can boast with a well-preserved old commercial part of the city called “Baščaršija”, which emerged in the period of Ottoman rule. This part of the city abounds in unique architectural achievements of Ottoman architecture, including a number of domed mosques, and traditional forms of Oriental architecture, such as dormitory, inns and bezistans. But also, there are a lot of very beautiful buildings built in Austro-Hungarian style, all mixed up with modern styles.

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Still having doubts whether to apply? Maybe Sarajevo will change your mind!

Sarajevo is also well known for the Winter Olympic Games held in 1984 and brand “Vučko” – “Woolfy” that was brought up with it. Furthermore, Sarajevo is also a big students’ city. It has a lot of students’ bars, cheap fast-food restaurants, many youth activities, festivals, concerts, for all styles and tastes, that can ensure you with a great social life. And great original Bosnian food – “ćevapćići” and typical drink “rakija”. But it’s not always just about the place, right? It is about people! People from Bosnia and Herzegovina are famous for their authentic humour all over the Balkans. Maybe it’s influenced by Mediterranean, Continental and Snow-mountain climate? Maybe because of food? Who knows, but fun, warm, hospitality and kindness are well known characteristics of people in that area.

A/HRC/17/27.

Think Global, Act Local - The ELSA Network

Internet Service Providers Liability and the enforcement of copyright

New challenges for the freedom of expression

According to the European Competitiveness Report 2010, more University of Bologna than 6.7 million employees work Member of ELSA Florence in the media industries in the European Union, playing a substantial role in the growth of the internal market. In fact, the creativity sector is now unanimously recognised as one of the most dynamics markets in the entire EU economy . In this context, a strong impulse is given by the increasing impact of the Information and Communication Technologies, and in particular, the important functions of the Internet Service Providers (hereinafter, ISPs) as intermediaries on the Internet. Eugenio Di Agosta

Ph.D. Candidate in Criminal Law

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Internet Service Providers (ISPs) liability is one of the core topics of law-makers and academic discussions because of the many implications that they have on society and economic development.

of intellectual property rights in the digital context, from one side, and on the other hand, the threat of new virtual censorships that could completely demolish the Internet as we know it . In fact, the real danger of these processes, even if they start from the legitimate requests by copyright owners to contrast piracy and online infringements, is frequently becoming a “justification” to strengthen state control on ISPs. For example, it is also for this reason that the European Parliament in July 2012 rejected - for the first time using its new power after the Lisbon Treaty - the Anti-Counterfeiting Trade Agreement (ACTA). 3

The ISPs have a remarkable role in what concerns the users’ access to extreme varieties of content (books, goods, music, movies, et cetera). Moreover, it is exactly through providers that everyone can realize his own right to Internet access. If the debate about the fundamental nature of the “right to Internet access” is still under an intense discussion, there is a renewed awareness of the strategic relevance of ISPs for the constitutional right of freedom of expressions and opinion . The use of social networks during the so-called “Arab Spring” has showed the world how much the Internet can deeply influence not only people in everyday life, but entire nations. 2

Having said that, the intense concern of commentators, journalists, politicians and civil society organizations regarding any kind of legislative reform that could attempt to limit the new models of the right of free speech, operating with surreptitious manners in order to change the actual rules on ISPs liability is now evident. ISPs liability is one of the core topics of law-makers and academic discussions because of the many implications that they have on society and economic development. These tensions are perfectly represented in the conflicts between copyright enforcement and the protections

A significant balance of these interests was realized with the European Directive no. 2000/31. The E-Commerce Directive has established a special regime for ISPs liability in order to evaluate the effective role of the intermediary in the illicit conduit committed by a third person. In particular, there are three different kinds of liability recognised by the directive: a) “mere conduit”, art. 12, where the information service provided consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, the provider is not liable; b) “caching”, art. 13, where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service,

Think Global, Act Local - The ELSA Network the service provider is not liable for the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making the information’s onward transmission to other recipients of the service upon their request more efficient; c) “hosting”, art. 14, where an information society service is provided that consists of the storage of information provided by a recipient of the service, the provider is not liable for the information stored at the request of a recipient of the service, on condition that the provider does not have actual knowledge of illegal activity and upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information. Shortly, the approach of the communitarian legislator provides no general obligation to monitor Internet activities, realizing in this manner the “No Interference Rule”, but at the same time, it provides an increasing responsibility model where the ISP has a growing duty to prove its effective behaviour in order to be covered by the related exceptions . 4

In other words, the ISP liability regime follows the active role played by the provider itself, ensuring is responsibility only when it was aware of the illicit activities. This is a key point of the balance of interests for ICT operators, assuring a reasonable compromise between legal cooperation with judicial authorities and the effort to not transform ISPs in the new digital version of a censor. Anyway, it has to be said that there is also a complex range of situations where ISPs seem to be voluntarily ambiguous in the distribution of copyrighted contents. In this context, the decision no. 40397/12 made by the European Court of Human Rights (ECHR) in March 2013 on the world famous website “Pirate Bay” appears to be the leading case. Pirate Bay (rectius, the persons who were managing the website) was found guilty of criminal copyright infringements by the Swedish courts and convicted to 1 year of imprisonment and to pay 3.3 million euro. After this decision, the managers of Pirate Bay (PB) appealed to the ECHR complaining the violation of art. 10 (freedom of expression) of the European Convention of Human Rights, arguing that the sentence shall represent an interference with their fundamental right to communicate any kind of contents, independently from the legal or illegal nature of the information’s transmitted, since PB was only operating as a free network for third users. In this episode, ECHR rejected the complain because – even if the Court held that sharing, or allowing others to share, files of this kind on the Internet, even copyright-protected material and for profit-making purposes, was covered by the right to 'receive and impart information' under art. 10 – the nature of the information could not “reach the same level as that afforded to political expression and debate”.

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The debate on the new challenges of the right to freedom of speech is still on-going, especially for what concerns new technologies and the modern way to interact and spread content and information’s across the world. In this evolving environment it is important to underline the United Nations Special Rapporteur report of 2011 that emphasised that “there should be as little restriction as possible to the flow of information via the Internet, except in a few, very exceptional, and limited circumstances prescribed by international human rights law. Nevertheless, any restriction must be clearly provided by law, and proven to be necessary and the least intrusive means available for the purpose of protecting the rights of others." 5

Pratt AC, Jeffcutt P. Creativity, Innovation and the Cultural Economy. Taylor & Francis US; 2009. 2 Lucchi Nicola. Access to network services and protection of constitutional rights: recognizing the essential role of internet access for the freedom of expression. 2011;Cardozo Journal of International and Comparative Law(3). 3 Torremans PLC. Intellectual property and human rights : enhanced edition of copyright and human rights. Alphen aan den Rijn: Kluwer Law International; 2008. 4 Pablo Baistrocchi. Liability of Intermediary Service Providers in the EU Directive on Electronic Commerce. St Clara Comput High Technol Law J. 2003;19(1). 5 Frank LaRue. Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. Human Rights Council; 2011. 1

Think Global, Act Local - The ELSA Network

Ei uke i Oslo/A week in Oslo

Final Conference on Online Hate Speech

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During my term in office as a national board member, Tino (now Alex Trummer a member of International Board Vice President for Marketing of ELSA) was appointed to be a ELSA Germany 12/13 national coordinator for the legal research group on “Online Hate Speech”. We talked about the event, which was to be hosted in Oslo, and it started to interest me.

We – four researchers in Germany – received a document by the Council of Europe with twelve questions that we had to answer in regards to our own national law.

We had to research about what “The Internet” was - a lawless, rural field? Is it threatening people, insulting minorities or attacking individuals, with words that are dangerous and not manageable? Can people act anonymously? During a seminar on IT-Law, I heard that this sort of behavior is possible and that the crimes perpetrated via the internet are difficult to prosecute. At that moment I realized that I want to participate in this legal research group.

so. However, it was difficult to understand the questions, since this topic is a relatively new phenomenon and has not been brought to court that often. Yet, I believe that this shows how important it is to tackle the topic, to begin raising awareness, and to start thinking beyond the legal aspects of how to deal with such problems as online hate speech.

We – four researchers in Germany – received a document by the Council of Europe with twelve questions that we had to answer in regards to our own national law. The German group being – what a surprise – very well organized, we distributed the questions, established a system of checking each others articles, and set deadlines right away. And so it began...the great hunt for the answers and the attempt to understand the ever changing term: “Hate Speech”. Emails were written, questions raised, texts shortened, and discussions took place. Despite the fact that four individuals wrote these answers, everybody could participate and contribute to the other researcher results, and was actively asked to do 42

In the end we were happy and satisfied with the work we did, and more than glad to contribute our overall research with other 20 European countries. But the main event was yet to take place, in a land far, far, away… ELSA Norway hosted the final conference on “Online Hate Speech” in cooperation with the Council of Europe. Workshops, lectures, social events, and the logistics of each were so professionally organized and balanced, that the participants were put in such a highly academic environment, that discussions and exchange of information started within the first workshop. Speakers from foreign ministries, activists, the media, victims of “Online Hate Speech”, the police, and so

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many other people with such valuable knowledge and insight came to this event and spoke about their views and ideas on what “Hate Speech” is and how they are dealing with it. Inspirational people and touching stories about their struggle showed us how prevalent this problem is. All the stories, lectures, workshops, and panel discussions gave us a general idea about how wide the scope of Hate Speech is. But what can we do with all this information? Just to hear about it, go home, and forget everything?

Overall, ELSA's “No Hate Speech Movement” proved to be a successful and extraordinary one. Not only did the Legal Research Groups provide highly required information for the participants of the conference and information for future research but we, as a network, showed what we are able to do with such a short amount of time. We were able to talk with experts on the same level, form a guideline to make the topic more accessible, and prove that we are an academic association focusing on Human Rights.

ELSA Norway came up with the idea to create a guideline for those dealing with “Online Hate Speech”, such as moderators, website owners, and other non-legal personnel in this area. Using the knowledge we obtained by listening to the speakers, we invested a good amount of time to develop a practical guideline which aim is to make this abstract topic more understandable.

In the end, I want to thank all participants for being highly professional, Oda for touching our hearts and making us a part of a promise once made, as well as a big thank you to the wonderful OC for organizing this outstanding event.

synergy magazine

Think Global, Act Local - The ELSA Network

T.V. Rights and Football clubs

The Big clubs Richer and the Poor Poorer

Denis S. Kennedy

Introduction

Ph.D. candidate

Media law is a thorny subject as it encompasses different facets of law which are not always wholly exclusive to that jurisdiction. It is incumbent upon T.V. companies across Europe to offer football to their viewers on an ever more frequent basis. Therefore, contractual rights are sold dependent upon the demand that they conjure from viewers. This is basic economics. It is easy to sell rights to a sporting event on a one-off basis to the highest bidder; however it is another task entirely selling a package of matches spanning a whole football season. Additionally, it is more palatable for a T.V. company executive to shower money on top teams. As a result it is inherently unfair to attempt to demand that European football is competitive. University of Limerick

Member of ELSA Ireland

The Real and Barca Negotiating Method In Spain, Real and Barca negotiate their individual T.V. rights for their matches in La Liga. They are bound to the UEFA model when it comes to the Champions League, however these two teams will feature in the Champions League because they will nearly always qualify through their dominance of their domestic league. It is a farcical argument to contend that Real and Barca are beholden to UEFAâ&#x20AC;&#x2122;s more egalitarian negotiating stance as the duopoly which these two teams enjoy in Spain more than compensates for any perceived short-fall. The disagreeable detail of the Spanish T.V. negotiating model is that it is done on an individual basis. For example,

â&#x20AC;&#x153;

The difference in the quality of matches which BSkyB and BT Sport broadcast to the U.K. and Irish markets is a direct result of the manner in which T.V. rights are negotiated. because Real and Barca plays between fifty to sixty games per season, each game is lumped together in a package for which the T.V. companies must then tender. Canal + in Spain cur-

Think Global, Act Local - The ELSA Network rently hold the domestic rights which are then loaned on a fixed contractual agreement to secondary territories such as France (Bein Sport) or the U.K. and Ireland (BSkyB). Furthermore, because Elche and Almeria are small teams they are not compensated as their ‘pulling power’ is limited to their domestic territory, wherein they may be in a constant battle with a bigger club in the same city, such as Seville and Real Betis. As a further blow to these teams’ ambitions, they will not experience the windfall of playing in the pan-European competitions as their squads are directly dependent upon revenue derived from various sources, the most telling source being T.V. Competition is Healthy In the U.K. and Ireland football fans have an option. They can settle for BSkyB’s package of Premier League, La Liga and Champions League football, or they can subscribe to BT Sport’s coverage of Serie A, Ligue 1, the Bundesliga and the Europa League. Both are subscription based and nuanced. The difference in the quality of matches which BSkyB and BT Sport broadcast to the U.K. and Irish markets is a direct result of the manner in which T.V. rights are negotiated. These rights are sold as a package pertaining to the entire twenty team league, not just Arsenal, Man City, Chelsea or Man Utd. In effect, lowly Crystal Palace will possess the same status as Arsenal when T.V. executives wish to negotiate the next tranche of rights. Is it egalitarian capitalism? Not exactly. BSkyB, who hold the ‘gold package’ are allowed to broadcast the premier games, such as Man

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In Germany, the Bundesliga operates an even stricter negotiating package with all eighteen clubs adhering to their basic contract with Sky Deutschland.

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City v Man Utd and Chelsea v Arsenal etc. BT Sport, which entered the market at the start of this season in August 2013, can only show second rate matches. The consumer can then opt for the more expensive BSkyB or the cheaper BT Sport package, but they know what they get when they purchase at least. In Germany, the Bundesliga operates an even stricter negotiating package with all eighteen clubs adhering to their basic contract with Sky Deutschland. The German consumer doesn’t need to worry about whether Bayern or Hoffenheim will be on the T.V. as each club is guaranteed the same negotiating clout. Conclusion In conclusion, this short note hopes to enlighten viewers of their choice. They may enjoy watching football, but what exactly are they watching? They are watching the fruit of contractual negotiations made between T.V. executives in a sanitised office environment, where the supporter is sadly an afterthought. For instance, La Liga lost tens of quality footballers to other leagues round Europe, especially to England. Why? The Spanish league is now but a two team, perhaps a three team league at best, with the other seventeen teams struggling to stay alive. Finally, remember what occurred in Argentina. Their twenty team league was divided into two separate sections (El Toreno Inicial and El Torneo Finale). The Argentinean government agreed to make these games free-to-air to all. The counterargument is that if every club is paid the same for their rights (which is not very much in Argentina), there is no incentive to play attractively so that viewers want to pay to watch? Essentially, if Real Madrid plays the way it does, why can’t it negotiate a fair price for T.V. rights? These are the debates which will have to be made if football is to move to a more competitive level.

Think Global, Act Local - The ELSA Network

Cyber security and the E.U.

Towards a more protective path

In December 2013, the European Union Agency for Nature and Information Security (ENISA) issued its John Kouvakas annual Threat Landscape 2013 ReDirector for IT port , where over 200 publicly available ELSA Greece reports and articles have been analysed. Among its key findings is that cyber threats have gone mobile and that threat agents seem to increase the sophistication of their attacks. In addition, outstanding law enforcement successes, concerning the detention of those acts, fall into the positive findings of the Report. 1

According to Froomkin , Internet is an inclusive tool that allows citizens to actively participate in the decision making process of each and every society worldwide. This participation might result in an increase of the legitimacy of governance structures. 2

Not until 2013 did it become public knowledge that the U.S. National Security Agency was spying on billions of citizens’ private data . At this point, Europe became aware of how vulnerable people are when exposing their personal data on the Internet. 3

Following those events, in June 2013, ENISA received a new Regulation (526/2013) granting it a seven year mandate with an expanded set of duties. Major aspects of this Regulation include ENISA’s enhanced support of the development of EU cybersecurity policy and legislation as well as of research projects, oriented towards complying EU security standards with products, networks and internet based services.

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...ENISA has emerged as a guard of the EU’s values. Core task of the EU’s cyberspace strategy is to promote cyberspace as an area of freedom and fundamental rights.

As a result, ENISA has emerged as a guard of the EU’s values. Core task of the EU’s cyberspace strategy is to promote cyberspace as an area of freedom and fundamental rights. Thus, there is no need for new legislation or treaties but the current legal instruments should be applied in cyberspace, underlining the necessity for each and every stakeholder to adhere to global norms and regulations. 5

Over the years, Internet and cyberspace, in general, have had a tremendous impact on everyday life, becoming a second “reality” for people to develop their social, political and personal capacity and freedoms. We need to make sure that the EU’s core values apply as much in this digital as in the physical world.

What is more, a strong interface will be provided to ENISA, focusing on the prevention and detection of cybersecurity threats, together with Europol’s European Cyber Crime Centre (EC3). 46

http://www.enisa.europa.eu/activities/risk-management/evolving-threatenvironment/enisa-threat-landscape-2013-overview-of-current-and-emerging-cyber-threats 2 A.M. Froomkin, Habermas@discourse.net: Toward a critical theory of cyberspace, Harvard Law Review, Vol. 116, pp. 749-873. 3 http://www.nytimes.com/2013/12/21/world/nsa-dragnet-included-alliesaid-groups-and-business-elite.html?ref=nationalsecurityagency 4 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:165:0 041:0058:EN:PDF 5 http://eeas.europa.eu/top_stories/2013/070213_cybersecurity_en.htm 1

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Erasmus +

A PLUS for you and for your ELSA activity

Good news from Brussels! European Parliament has approved a new EU program for education, training, youth and sport for 2014-2020 Patrycja Karlowska called Erasmus+. This program brings Treasurer together all EU funds that has existed ELSA Poland 11/ 12 so far, such as famous "Lifelong Learning Life" or "Youth in Action" and unites them. For the first time EU will also support sport activities. The seven year program has budget of €14.7 billion. It is 40% higher than before. Over 4 million people will receive support to study, train, work or volunteer abroad. Erasmus+ will also provide special loans guarantee scheme for students taking full Master’s degree abroad and support cooperation between universities, colleges, schools, enterprises, and nonfor-profit organisations. The main goal is to provide students with benefits of learning programs that help to develop skills that are required in the labor market. Erasmus+ is divided into three key actions (KA): (1) Learning Mobility of Individuals, (2) Cooperation for innovation and the exchange of good practices, (3) Support for Policy Reform. There are also two specific actions – Jean Monnet and Sport. The most suitable parts in the aforementioned actions for the ELSA Network to exploit would be those aimed at Youth.

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Bring your ELSA activities into an international dimension utilizing Erasmus+!

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The seven year program has a budget of €14.7 billion. It is 40% higher than before. Over 4 million people will receive support to study, train, work or volunteer abroad.

KA1: This type of action supports the mobility of young people in non-formal and informal learning activities between the countries, for instance youth exchanges, conferences, study visits, training courses or contact-making events. It also promotes mobility of young people active in youth work, youth organisations and youth engaged in training or networking activities (especially in neighbourhood countries). KA2: This action is aimed to develop and implement all kind of activities which promote active citizenship, social innovation, participation in democratic life and entrepreneurship, through peer learning and exchange of experience. Funds can be also used for improving IT support platform allowing peer learning, knowledge-based youth work, virtual mobility and exchange of good practice. KA3: The last one is focused on developing youth policy cooperation at European level, promoting the EU Youth Strategy and encouraging structured dialogue with relevant European stakeholders and young people. Furthermore, it supports policy dialogue with partner countries and international organisations. Knowledge about European programs might be useful while planning your national or local activities. Conferences, seminars, competitions, summer law schools or traineeships may benefit from your resourcefulness. Act smart and check deadlines for submitting relevant papers. Bring your ELSA activities into an international dimension utilizing Erasmus+!

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WEBCAM CHILD SEX TOURISM (WCST)

About a New criminal phenomenon in the modern World

Wiera Kupczanka Expansion Team

WCST – ABOUT A NEW CRIMINAL PHENOMENON IN THE MODERN WORLD

ELSA International Researcher in ELSA for Children

Webcam child sex tourism is a new global and fast expanding phenomenon - predators from well developed countries pay children in poor countries for performing sexual acts in front of the webcams. Usually victims are girls who live in economically weak backgrounds and predators are men from wealth countries, who live normal, stable life – have a job, family – they don’t need to go outside their country to abuse a child. After a payment – usually they are using untraceable prepaid credit cards, the shows are arranged on private communication channels, throught Skype or yahoo messenger. Legal Research Group 2012

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“Terre des Hommes The Netherlands” is the organization that works to end child exploitation and to help child victims all over the world.

victims of the WCST was noticed in the Philippines but it is not the only place in the world where they have seen this precedent. That was the reason for creating the special program catching predators – “Sweetie”. SWEETIE – COMPUTER MODEL

When we talk about legislation – international law strictly prohibits WCST, and it is also universally outlawed in national criminal and penal codes. But governments do not always consequently protect the rights of the child. The United Nations and the US Federal Bureau of Investigation count that there are 750 000 predators connected to the internet in any moment and only six predators were convicted for committing WCST.

“Sweetie” is a special computer model created by experts from “Terre des Hommes The Netherlands” for catching pedophiles all over the world. It is an avatar of a ten year old girl from the Philippines. The researchers of the organization go undercover posing as “Sweetie” on public chat rooms. Since the program started, the system has identified around 1000 men – 254 from the US, 110 from the UK and 103 from India.

“Terre des Hommes The Netherlands” is the organization that works to end child exploitation and to help child victims all over the world. A very high percentage of child

To catch as many predators as it is possible, Terre des Hommes are bringing “Sweetie” to life. Sweetie looks and moves like a real girl, as the movements of a real person were

Think Global, Act Local - The ELSA Network applied to the program, and application was created to control her every move. Researcher, Terre des Hommes The Netherlands: “The moment that you login and you identify yourself as a young girl from the Philippines they swarm at you. It happens extremely fast.” A majority of men want to turn on the webcam, so they think that Philippines girl is sitting somewhere far away in front of her computer, while she is actually operated by specialists from a warehouse in Amsterdam. During the chat the men are tracked down with the help of specially trained researchers who are pretending to be “Sweetie”. They use the bits of information that the customers are giving them, and try to identify them with different web sources –such as- Google and Facebook. This all happens without hacking their computers. In two months, the researchers identified around 1000 predators and on the 4th of November they handed in their dossiers to Interpol. KIDS – THE OTHER SIDE OF THE PROBLEM Children are very much influenced by their parents, and children who are exploited in family based WCST operations are told permanently and repeatedly by their families that performing sexual acts in front of camera is nothing harmful or shameful and is acceptable because of money the child can add to the general income. In the Philippines, there are also so called “dens” in which several children are either hired or trafficked and kept against their will to perform webcam sex shows, run by different criminal organizations. This happens whether from home or under the disguise of Internet cafes and information technology companies in the hand of organized criminal groups. Children who are victims of WCST suffer from depression, anxiety, aggression, have no idea about normal forms of relationships or sexuality. They are often feeling dirty, ashamed, embarrassed, both during and after webcam sex performances. They often rationalize their behavior by focusing on the money received for their actions and use mechanisms which allow them to escape from the trauma experienced during the process of WCST.

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“Sweetie” is a special computer model created by experts from “Terre des Hommes The Netherlands” for catching pedophiles all over the world.

synergy magazine

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The United Nations and the US Federal Bureau of Investigation count that there are 750 000 predators connected to the internet in any moment and only six predators were convicted for committing WCST.

SUMMARY Marta Santos Pais, United Nations Special Representative of the Secretary – General on Violence Against Children: “The laws need to be enforced, that’s the first question. There is absolutely a prohibition in international law and penalties will be very serious.” The WCST is a relatively hidden and unknown form of child exploitation. That is also why most governments do not recognize that problem as a priority although there are no doubts that WCST bring traumatizing effects on children. If the public opinion on large scale will be conscious of the problem – it wouldn’t be so easy to hide it. As Mr Hans Guijt, Terre des Hommes, Project Director said, if we don’t intervene soon, this sinister phenomenon will totally run out of control: “It's still not too late. Our worst scenario is that the same thing will happen with this as has happened with child pornography - that is now a multi-billion dollar industry in the hands of criminal gangs.”

Sources: 1. Press Release, Terre des Hommes Netherlands – 04.11.2013 2. Frequently Asked Questions on Webcam Child Sex Tourism (22 pages) 3. Report “Webcam Child Sex Tourism – Becoming Sweetie: a novel approach to stopping the global rise of Webcam Child Sex Tourism”, Terre des Hommes Netherlands, November 2013, 113 pages. 4. http://www.terredeshommes.org/webcam-child-sex-tourism/ 5. http://www.euronews.com/2013/11/04/virtual-girl-sweetie-helps-trackthousands-of-online-sexual-predators/ 6. http://www.telegraph.co.uk/news/uknews/crime/10429608/Virtual-girl-Sweetiecatches-thousands-of-paedophiles.html 7. http://www.telegraph.co.uk/women/womens-life/10427382/Who-was-Sweetiethe-girl-who-trapped-1000-paedophiles.html 8. http://www.independent.co.uk/news/world/europe/activists-use-cgi-10yearoldfilipino-girl-sweetie-to-snare-thousands-of-paedophiles-8921964.html 9. http://www.bbc.co.uk/news/uk-24818769

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Why take the challenge?

ELSA Norway 13/14 - organizing an international event for the first time

At every National Council Meeting, ELSA Norway discussed our strateSeminars & Conferences gic plan and which goals had been ELSA Norway fulfilled. And every year we skipped Advisor of the OC the goal saying "ELSA Norway should Final Conference on OHS organize an international event every year". Why bother discussing it? International events weren't possible to organize in a small, cold, expensive country like Norway. Frida Fostvedt Vice President for

Then came the call for host of the Final Conference on Online Hate Speech. We had just been elected as the new national board of ELSA Norway, and though our term didn't start until August, we were eager to get started. Since the European Youth Foundation, in cooperation with the Council of Europe, was funding parts of the conference, we thought; it's now or never! We had a dedicated (soon to be) national board, a great partner, a starting point of funding and a serious, interesting topic. Already before applying, we realized that we faced several challenges, first and foremost funding. The uncertainty made planning with a moderate budget necessary. We had to kick out all expectations about luxury and realise that this was after all a student conference. But we worried: Would the ELSA Network be interested in the event? Would we have enough qualified participants? I was prepared to personally convince all my ELSA-friends to apply, but I didn’t have to. Our marketing campaign reached even non-ELSA members and we got way more applications than we needed. I think it was the topic and the academic program that at50

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Since the European Youth Foundation, in cooperation with the Council of Europe, was funding parts of the conference, we thought; IT'S NOW OR NEVER!

tracted participants. Putting together a 5-day agenda with 20 speakers and a wide range of topics takes loads of research and hard work. But with a good academic team and an external academic advisor, it’s possible. We actually expected crisis during the conference-week, but we only got some small hiccups: Bar hopping in mild storm (accepted by patient participants), speakers that didn’t show up (replaced by longer workshops with should/shall-discussions) and always lacking OC-members. Maybe we were lucky or maybe crisis management in advance is actually possible. I choose to believe the latter. Alisa from ELSA Switzerland once had an inspiring speech about summer law schools, and I asked; “Where do you start?” She answered; “Find that one person who has the motivation and the rest will go by it’s self ”. Well, I’m not saying it doesn’t take hard work, but what Alisa said is actually true; if you have a dedicated team and the will to succeed, you’ve already come really far. So, was it worth those sleepless nights and late skype meetings? Yes, without a doubt! Now I can't help but thinking; what can we do next? Is warm weather a requirement for a summer school? Hmm…

Something NEW, something OLD, something BLUE...something ELSA!

ELSA Wall

What does ELSA mean to you?* Belief in united diversity. It's simply stunning to see the lawyers of the future, sharing their present in order to make each other's life better for a moment, to add value without secondary interest or reservations. Amazing, really. -By Kristóf Halász

ELSA is my name. -By Elsa Fistiyanda

Social network. -By Alina Shushkevich The first serious step in life! Think BIG, Think ELSA! -By Majid Zaddi

First moot court! -By Si Mone Fricke

*The question was asked via our ofﬁcial ELSA FB page! facebook.com/elsa.org

ELSA WordSearch K R O W T A S R E Y W A L G S

H T S W S S I S S S N T R G L

L C O T P G R F T I R A N C A

S R R I H A N R P A N I Y O O

K T R A N G U I I T T I L M G

L I U I E O I N N E S A S P C

T E M D C S E R E I W R T E I

Y E C T Y E E M N R A V E T G

S A O T S V L R E A I R P I E

T O D H U I I V L S M E T T T

M E I A C R I S I A P U O I A

E P A N S E E O I L G E H O R

S E U M W L N S A T A E L N T

C O N F E R E N C E S W L S S

*Let ELSA inspire you!

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C L D E L E G A T I O N S U !

Find the words and discover the hidden message!*

COMPETITIONS CONFERENCES COUNCIL MEETINGS DELEGATIONS ELS ELSA DAY GRANT HUMAN RIGHTS IFP LAW LAW REVIEW LAWYERS AT WORK LECTURES LEGAL RESEARCH MOOT COURTS SEMINARS SPIRIT STEP STRATEGIC GOALS STUDY VISITS TEAM TRAINEESHIPS TRAININGS VISION WORK

At home in Europe

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With more people in more European markets than any other legal and tax advisor, CMS is at home in Europe. Across the region, and beyond, we have 5,000 people based in 49 cities across 30 countries. It means that our clients benefit from local depth in every market and a truly European perspective on the issues that matter to their businesses. CMS: strength, depth and perspective.

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