61st edition of the Synergy Magazine

SYNERGY

No. 61· I - 2017

M A G A Z I N E Magaz ine of the Eur opean Law Students' Association

RENEWABLE ENERGY: LEGAL CHALLENGES OF THE MODERN WORLD.

Environment and Health in Case Law of the ECtHR

The Establishment of ELSA Webinars

Regional Cooperation as a Boost in Mutual Understanding

The most interesring cases of the ECtHR by Aida Grgić and Vanessa Aeby

Nigel Micallef about the founding of a unique project for ELSA

A closer look into multilateral regional meetings in ELSA by Christian Krogh, Michelle Goosens and Nikola Krátká

Become a student member of the International Bar Association The International Bar Association (IBA) invites law students from around the world to join the Association as Student Members.

For just £20.00 a year Student Members can gain access to: • a vast online library of substantive legal information, including: newsletters, practice-area specific journals and magazines, webinars and the IBA’s bi-monthly flagship magazine, IBA Global Insight; For more information about IBA Student Membership and to become a member, visit www.ibanet.org or email member@int-bar.org

• a growing network of fellow law students from around the world; • information and guidance from leading qualified practitioners in various areas of law; • the ability to participate in cutting edge research, writing and editing in specialised legal practice areas; and • a number of CV-enhancing projects including serving on the Student Steering Committee, online writing and advocacy competitions, and numerous chances to have work published by the IBA. The IBA now offers Student Group Membership for law schools and student organisations.

ABOUT ELSA

ELSA International Phone: +32 2 646 26 26 Web: www.elsa.org E-mail: elsa@elsa.org

The Association The European Law Students’ Association, ELSA, is an international, independent, non-political and not-for-profit organisation comprised of and run by and for law students and young lawyers. Founded in 1981 by law students from Austria, Hungary, Poland and West Ger‑ many, ELSA is today the world’s largest independent law students’ association.

ELSA Members x 50,000

ELSA Local Groups x 300

ELSA National Groups x 43

Synergy Magazine Synergy Magazine is ELSA's members' magazine, which is prin‑ ted in 10,000 copies and distributed all over the ELSA Network.

The articles are contributions from students, young and experi‑ enced lawyers as well as academics.

ELSA International

Human Rights Partner

VISION

"A JUST WORLD IN WHICH THERE IS RESPECT FOR HUMAN DIGNITY AND CULTURAL DIVERSITY"

General Partners

ELSA’s Members ELSA’s members are internationally minded individuals who have an interest in foreign legal systems and practices. Through our activities, such as seminars, conferences, law schools, moot court competitions, legal writing, legal research and the Student Trainee Exchange Programme, our members acquire a broader cultural understanding and legal expertise.

LL.M. Partners

Our Special Status ELSA has gained a special status with several international institutions. In 2000, ELSA was granted Par‑ ticipatory Status with the Council of Europe. ELSA has Consultative Status with several United Nations bodies: UN ECOSOC, UNCITRAL, UNESCO & WIPO.

English Language Partners

ELSA is present in 43 countries Albania, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Montenegro, the Netherlands, Norway, Poland, Portugal, Republic of Macedonia, Republic of Moldova, Romania, Russia, Serbia, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine and the United Kingdom.

SYNERGY Magazine

Contributions

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Editor-in-chief: Ivan Chopyk

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Proofreading: Ruth Azzopardi, Donal Merrick

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SYNERGY Magazine | 3

EDITORIAL

Ivan Chopyk Vice President for Marketing ELSA International 2016/2017

Constant development forged together with the never changing ideals build a strong foundation of our Association.

Each generation tries to introduce so‑ mething new, leave its footprint in the history while being endorsed by the ex‑ perience of their predecessors. The knowledge we have carefully collected throughout the years was transformed and implemented in a form of various projects aiming at assisting law students and young lawyers to be internationally minded and professionally skilled.

vision of where we were wishing to take this Association. Newly established pro‑ jects, like ELSA Webinars, or constantly evolving projects, like regional cooperati‑ on meetings, are reflecting the ideas and attitude of our people at their best.

The pages of this Synergy will lead you not only through the topics concerning renewable energy, but also will give you an insight of the great opportunities found within the ELSA Network. Enjoy reading and make you journey in ELSA even better.

However, the results of the work are dif‑ ficult to be seen right away. As each and every deed, they must face the challenge of time and our successors. We can only but hope that people coming afterwards will remember and cherish our ideas and

Submit your eSSay now

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4 | SYNERGY Magazine

18/01/17 14:18

TABLE OF CONTENTS HIGHLIGHTS

Environment and Health in Case Law of the ECtHR Aida Grgiฤ and Vanessa Aeby, ECtHR

14

PARTNERS' AND EXTERNALS' PERSPECTIVE

06 09 10 12 14 20

The European Landscape Convention A Law School that Drives Innovation Future Outlook on the Energy Sector As a Qualified US Attorney, Trainee Solicitor Builds a Strong Case Environment and Health in Case Law of the ECtHR Renewable Energy in WTO Case Law

INTERNATIONAL FOCUS

22 28

The Establishment of ELSA Webinars Strengthening the Foundation for a Stronger Network

ELSA EVENTS CALENDAR

The Establishment of ELSA Webinars Nigel Micallef, ELSA International

Regional Cooperation as a Boost in Mutual Understanding Christian Krogh, Michelle Goosens and Nikola Krรกtkรก, ELSA

22

39

30 32

Personal Development is Always a Trend Together We Are Stronger

THINK GLOBAL, ACT LOCAL

34 36 39 43 46 48 50

The First ELSA Mission to the World Bank A Different Look at the European Human Rights Moot Court Competition Regional Cooperation as a Boost in Mutual Understanding Winter ELSA Komotini Law School on Environment and Energy Law Renewable Energy Impact Management: Payment for Ecosystem Services?

ELSA Delegation to INTA's Digital World Conference Slovenia Welcomes ELSA Dresdem

SYNERGY Magazine | 5

Towards a new generation of instruments for sustainable territorial development:

EUROPEAN LANDSCAPE CONVENTION

the

Maguelonne Dejeant-Pons Executive Secretary of the European Landscape Convention, Council of Europe

Climate change, hardly noticeable a few decades ago, has been accelerating to the point of becoming one of the most serious global issues. Fossil energy systems, which generate the majority of greenhouse gas emissions, are widely recognised as the main drivers of climate change. This has a growing impact on biological and physical systems and affects basic access to water, food production and other economic sectors, as well as the environment. It also causes increasingly frequent natural disasters with social, economic and environmentally damaging impacts. Curbing the speed of climate change and limiting the extent of its negative impacts requires significant initiatives in many public policy areas and also presupposes major changes in the functioning of society.

Regarded as the first sustainable development convention, it is a major contribution to achieving the organisation’s objectives concerning human rights, democracy and the rule of law. Its member States’ signatories of the Convention have expressed their concern to achieve “sustainable development” based on a balanced and harmonious relationship between social needs, economic activity and the environment, taking into account the cultural dimension of territories. The issue of climate change and the new energy paradigm is an integral part of the Convention’s concerns.2

The European Landscape Convention of the Council of Europe aims to promote landscape protection, management and planning, and to organise international co‑operation on landscape issues.1

The Convention defines landscape as “an area, as perceived by people, whose character is the result of the action and interaction of natural and/or human factors”. It emphasises that it is an important part of people’s quality of life “in degraded areas as well as in areas of high quality, in areas recognised as being of outstanding beauty as well as everyday areas”.

http://www.coe.int/EuropeanLandscapeConvention; http://www.coe.int/ Conventioneuropeennedupaysage To date, 38 Council of Europe member States have ratified the Convention: Andorra, Armenia, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Finland, France, Georgia, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Moldova, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and the United Kingdom.

Two States have signed the Convention: Iceland and Malta.

2 See notably: the Proceedings of the 8th Council of Europe Meeting of the Workshops for the Implementation of the European Landscape Convention entitled “Landscape and Driving Forces” (Malmö/Alnarp, Sweden, 8-9 October 2009), Session 1- “Climate change and the new energy paradigm”, European Spatial Planning and Landscape Series, 2010, n° 93 – http:// www.coe.int/web/landscape/publications - General conclusions in the appendix of this contribution; Report “Landscape and wind turbines”, Emmanuel Contesse, in: The Landscape Dimensions, Council of Europe Publishing Editions 2017.

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6 | SYNERGY Magazine

Partners' and Externals' Perspective Outstanding landscapes are addressed in the same way as ordinary landscapes and degraded areas, since all landscapes are the setting for people’s lives. Many rural and peri‑urban areas, in particular, are undergoing profound changes and call for closer attention from the authorities and the public.

This concept of landscape differs from that found in certain documents which see landscape as an “asset”, and assess it as cultural or natural, regarding it as a part of physical space.

It expresses the willingness to deal comprehensively with the topic of the quality of the surroundings in which people live, recognising it as a prerequisite for individual and social wellbeing and for sustainable development, and as a resource conducive to economic activity. Contracting Parties undertake to recognise landscapes in law as an essential component of people’s surroundings, an expression of the diversity of their shared cultural and natural heritage, and a foundation of their identity.

In subscribing to the principles and objectives of the Convention, the Parties undertake to adopt a series of measures. They are in particular required to: – establish and implement landscape policies aimed at landscape protection, management and planning; and – integrate landscape into regional and town planning policies and into cultural, environmental, agricultural, social and economic policies, as well as into any other policies which may have a direct or indirect impact on landscape.

Recommendation CM/Rec (2008) 3 of the Committee of Ministers to member states on the Guidelines for the implementation of the European Landscape Convention is intended for Parties to the Convention, which wish to draw up and implement a landscape policy. Nine general principles of the “landscape approach” are designed to provide guidance on some of the fundamental articles of the Convention: consider the territory as a whole; recognise the fundamental role of knowledge; promote awareness; define landscape strategies; integrate the landscape dimension in territorial

policies; integrate landscape into sectoral policies; make use of public participation; achieve landscape quality objectives; develop mutual assistance and exchange of information.

The acceleration of climate change and the need for a new energy paradigm call for urgent territorial development initiatives. Policies based on this “landscape approach” can help. With regard to facilitating a change of energy paradigm, the landscape policies have to contribute: – to the promotion and use of renewable energy sources, while ensuring environmental sustainability and social equity, – to the adaptation of transport systems, to the good management of mobility needs, and to the implementation of energy-efficient measures in the design of buildings and urban settlements; and – to optimisation of the economic benefits to be reaped in the territories from these new approaches, ranging from research and development activities to the widespread implementation of new practical solutions tailored to each territory.

“

climate change , hardly no ticeable a few decades ago , has been accelerating to the point of becoming one of the most serious global issues ... curbing the speed of climate change and limiting the extent of its negative impacts requires significant initiatives in many public policy areas and also presupposes major changes in the functioning of society .

SYNERGY Magazine | 7

Partners' and Externals' Perspective To minimise the negative effects of climate change, these policies should: – intensify preventive measures against potential damage from natural disasters (floods, drought, storms, landslides...); – develop structural measures aimed at facilitating the adaptation both of productive systems (agriculture, forestry, tourism) and urban settlements; – strengthen the protection of natural resources and biodiversity, where potentially affected by climate change.

Moreover, these policies should integrate mitigation and adaptation measures into development strategies at local, regional and national level as well as in decision-making at all levels.3 The European Landscape Convention promotes recognition of the rights and responsibilities of people to play an active role in the processes of acquiring knowledge, taking decisions and managing the quality of the places where they live. Their involvement in decisions to take action and in the implementation and management of these decisions over time is regarded not as a formal act but as an integral part of protection, management and planning procedures.

“

the european landscape convention promotes recognition of the rights and responsibilities of people to play an active role in the processes of acquiring knowledge , taking decisions and managing the quality of the places where they live .

NEW PUBLICATION BY THE COUNCIL OF EUROPE

Impact of the European Convention on Human Rights in states parties Selected examples (2016) The examples presented in this publication show that the effects of the Convention and its case law extend to all areas of life. They include, but are not limited to, individuals’ access to justice, the prohibition of discrimination, property rights, family law issues such as custody rights, the prevention and punishment of acts of torture, the protection of victims of domestic violence, the privacy of individuals in their correspondence and sexual relations, and the protection of religious freedoms and freedoms of expression and association.

This publication contains selected examples from all 47 states parties to the Convention that illustrate how the protection of human rights and fundamental freedoms has been strengthened at the domestic level thanks to the Convention and the Strasbourg Court’s case law.

ISBN 978-92-871-8321-7, € 19 / US$ 38

See also the Landscape Award Alliance of the Council of Europe (http:// www.coe.int/en/web/landscape/landscape-award-alliance) and Council of Europe, Moscow Declaration on “Future challenges: sustainable territorial development of the European continent in a changing world” adopted by the Ministers responsible for Spatial/Regional Planning at the 15th Plenary Session of the Council of Europe Conference of Ministers responsible for Spatial/ Regional Planning (CEMAT) (Moscow, Russian Federation, 9 July 2010), European Spatial Planning and Landscape Series, 2012, n° 94 – http:// www.coe.int/web/landscape/publications

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Also in French: Impact de la Convention européenne des droits de l'homme dans les États parties – Exemples choisis (2016) ISBN 978-92-871-8320-0, 19 € / 38 US$

Partners' and Externals' Perspective

Unique approach to legal education

LAW SCHOOL that DRIVES INNOVATION a

Javier de Cendra Dean of IE Law School

Global, multidisciplinary, entrepreneurial and future-focused, IE Law School´s unique approach to legal education generates one-of-a-kind programmes for students seeking a distinctive academic experience.

IE Law School has always been known for its cutting-edge approach to legal education and the excellence of its graduates.

Being faithful to ourselves requires a constant commitment to innovation, to help our students succeed in a rapidly changing world.

It is well known that legal practice is increasingly global, multidisciplinary and technological and the entrepreneurial movement is reshaping legal practice in extraordinary ways.

At IE Law School we train lawyers to respond to the changes and challenges the legal industry faces by giving them a core set of skills, a global mind-set, a special focus on technology, an entrepreneurial spirit and a humanistic approach. These values, which are enforced by our MBA Module and HST (Human Sciences and Technology) Module, are at the heart of the IE Law School programmes and the experience that the school uniquely offers.

Our international LLMs offer students a practical vision of the corporate legal world, with a global perspective and transnational outlook.

The LLM in Global Business Law prepares students to manage global legal transactions with a business approach by providing them with an international experience. Students have the opportunity to participate in worldwide exchanges

and gain an immersive view of the legal world through the London and Brussels Experience Weeks and the Vienna Moot Court Competition. Students also gain a practical approach in the Venture Law Clinic and the Professional Experience Week.

The Executive LLM is a joint degree governed by Northwestern Pritzker School of Law and IE Law School.

The programme is business law focused and covers American Common Law. It´s unique blended format and the top professional profiles of our students allow participants to work while they study and share face-to-face experiences with professionals from diverse backgrounds, which enriches the academic journey even more.

New partnerships, new programmes Meeting the growing demand for cross-border legal professionals, and in collaboration with New York University School of Law, this year IE Law School will launch two new programmes that focus on areas in which lawyers will work in the future, such as compliance, supply chains or digital taxation.

The Master in Global Corporate Compliance (LLM) and the Master in Global Taxation (LLM) are programmes designed for students and professionals from diverse backgrounds that want to take a step forward in their career. The programme includes a one-week experience in NYU School of Law and a certificate from that prestigious Law School.

SYNERGY Magazine | 9

Partners' and Externals' Perspective

The Future of Energy Law

FUTURE OUTLOOK on the ENERGY SECTOR

Raphael Heffron Jean Monnet Professor in Energy & Natural Resources Law & Policy, Energy and Natural Resources law Institute, Queen Mary University of London, UK

As the world heads towards an unknown energy future it is important to consider the legal boundaries of the energy sector. More often than not energy law has been forgotten in the debate around the energy transition and climate change scenarios that list years such as 2020, 2030, 2040, 2050 and even 2050. Probably the biggest challenge to the energy sector is the recurrent issue of the challenge of energy law stimulating investment in the energy sector. It is clear that the incentivizing of investment is critical to where the energy sector will stand in 2040 and whether society can meet its aims of a 2°C future limit.

It is expected that the actual financial resources are there as wind and solar will account for only 60 per cent of the $11.4 trillion invested in the energy sector. Indeed, fossil fuels are expected to still account for $2.1 trillion in investment from now until 2040. To meet the 2°C future limit, an estimated $208 billion in investment in low-carbon energy sources will be needed annually over the next 25 years. In addition, one of the major problems is that while power sector emissions are scheduled to peak by 2027 there will be a problem in that India and South-East Asia will continue to increase their use of fossil fuels, and hence additional support for technology deployment of clean energy sources will need to be given to these countries.

Energy law can play a role in assisting the energy transition from fossil fuel to low-carbon energy sources. In thinking about future and emerging key concepts in energy law, this is where the international, national and local dimensions of energy law arise. While key energy policy concepts that influence law have been highlighted before in the literature, there are three key concepts that will become more important over the next 10 | SYNERGY Magazine

two decades until 2040: Environmental Impact Assessments (EIAs); Social Licence to Operate (SLO) and the energy financial reserve obligation (EFRO). These are explained briefly below.

Environmental Impact Assessments (EIAs) The aim of an Environmental Impact Assessment (EIA) is for international, national and local communities to achieve a balance between development and the environment.

There are many other methods and strategies for balancing development and the environment but an EIA is a formalised process that has had international and national consensus on its development over time. Overall, the EIA process has to be seen as a success from a global international perspective.

In essence, it promotes the philosophical ideal that people are all world citizens (i.e. cosmopolitanism philosophy). In this context the EIA process has placed certain limitations on development and ensured that development that does occur is achieved with environmental protection as a core aim from the beginning of the process. For any country, with a stated ambition of developing a low-carbon economy and plans to develop policies on climate change mitigation and protection of the environment, the EIA process should be a welcome addition to these plans. Already at international level the EIA is promoted for use in nearly all projects funded by international development agencies – such as the World Bank, the OECD, and the UNEP. This area of law is still developing fast and is set for further in the EU later in 2017 (and probably internationally afterwards) with the intention that it will become more climate change orientated.

Partners' and Externals' Perspective

Social Licence to Operate (SLO) The Social Licence to Operate (SLO) is a fast emerging principle in energy law and is, in particular, developed around the mining law and policy community.

However, it is permeating through the rest of the energy sector and even other parts of the economy. There are a number of papers which explore the origin of the SLO and its use in the mining sector and it is likely that in the future the vast majority of the energy infrastructure will need an SLO before beginning operation.

Energy Financial Reserve Obligation (EFRO) Energy Financial Reserve Obligation (EFRO) is a general term for the obligation that companies should have when operating energy infrastructure. In particular, the EFRO applies in terms of companies with waste obligations – or indeed the companies that should have waste obligations. These can also be referred to as clean-up obligations and environmental bonds, and the nuclear energy industry contributes to waste management funds immediately from the point of operation whereas in the coal industry, the operator only has to have the financial reserve capacity to do so. Indeed this has become a major issue and there is a multitude of reports focusing on it in relation to the operation of coal assets in Australia and US. For example, in the US, under the Federal Surface Mining Control and Reclamation Act (SMCRA), energy companies are

required to remediate the lands where mining activity has occurred.

However, many companies were allowed to self-bond and therefore when they went bankrupt there was still no finance available for meeting reclamation obligations.

Accelerate your legal career in the energy sector with an

LLM in Energy and Natural Resources Law Study in London or Paris with Queen Mary University of London, Centre of Commercial Law Studies www.law.qmul.ac.uk

SYNERGY Magazine | 11

Partners' and Externals' Perspective

Prepare for the US Bar Exam

US QUALIFIED ATTORNEY, TRAINEE SOLICITOR BUILDS a STRONG CASE as a

Philipp Hagenbuch Trainee Solicitor at Latham & Watkins

Philipp Hagenbuch studied with BARBRI to pass the New York state bar exam, aspiring to a successful future career path with the world’s highest grossing law firm.

My name is Philipp Hagenbuch and I was sworn in to the New York Bar in 2016. I am the only one of my intake at my firm that is US qualified. I enrolled in BARBRI as recom‑ mended by friends who were studying US law and the invest‑ ment has paid off. Being qualified as a US attorney is an im‑ pressive accolade and imperative in realising my goals within my law firm, Latham & Watkins.

Being born in Germany and raised in Sao Paulo, I knew that I wanted to work in an international environment from a young age. Internships at Brazilian law firms early on gave me the thirst for a legal career. Upon moving to the UK to complete a 4-year law degree at University College London and vacation schemes, I was offered training contracts and undertook in‑ ternships at Brazilian law firms and W&C in Munich.

All this experience helped me secure a Training Contract with Latham & Watkins (London). I had always wanted to join this well-established, highly ranked law firm. A key decider, too, was that the London office plays a significant role in the firm’s global practices and thought leadership. I look forward to qualifying as an associate with Latham & Watkins in Septem‑ ber 2017 and pursuing a career in financial transactional work.

The London office of Latham & Watkins boasts a high yield bonds team that includes more than 50 US qualified lawyers.

So qualifying as a New York attorney through BARBRI was imperative to be able to make the most of that area of prac‑ tice.

12 | SYNERGY Magazine

With BARBRI, I had all the tools for success on the bar: programme manuals, schedule, lectures with handouts, mock examinations and also the BARBRI Mobile App for multi‑ ple-choice question answering techniques (these were daunt‑ ing and I was at a disadvantage against US law students). I understand the anxiety when sitting the New York bar as it does have a reputation for being tough. If you focus on the techniques and have the right approach, BARBRI will serve you well., so the New York bar route made financial sense to me.

“

the london office of latham & watkins boasts a high yield bonds team that includes more than 50 us qualified law yers. so qualifying as a new york attorney through barbri was imperative to be able to make the most of that area of practice.

Partners' and Externals' Perspective

Harry Illingworth

Legal Co-ordinator for BARBRI International London, United Kingdom

I always knew I wanted to study law at university and I grad‑ uated from York University in 2016 with a 3-year law degree (LLB).

I spent a large amount of time in my youth travelling the US due to my father’s profession and the childhood connection with the US led to my initial interest in qualifying in New York as my next step after law school.

The process of qualifying in America was not a familiar one though as the only route introduced by the careers depart‑ ment at my university was the standard LPC. This was not a route I was personally interested in pursuing.

As I explored the option of sitting the New York Bar Exam, I liked the fact that, if I passed the examination, I would be a qualified US attorney admitted to practice law in New York.

This essentially meant there was no training contract require‑ ment, which was extremely alluring to me.

I could sit the bar straight out of graduating from my LLB, with no requirement to be qualified anywhere else or have any PQE. Essentially, I could pass the bar and become qualified within a year after graduating, as opposed to the 3-year train‑ ing pathway required in the UK. I also liked the fact that getting licenced in the US seemed like a practical option. It is an English-speaking country, also has a legal system based on common law and most top-tier firms have an office in New York making it the home to the world’s most important legal market.

into light as it is significantly cheaper than the LPC or the BPTC, so the New York bar route made financial sense to me.

Putting the practicalities aside for a moment, the idea of liv‑ ing and working in the iconic New York City was, for me, an option too attractive to ignore. Who wouldn’t want to be the next Harvey Spectre?

I was fortunate enough to successfully secure a position with BARBRI straight after graduation. BARBRI provides the #1 Bar Preparation Programme both in the US and internation‑ ally. With the help of the expert knowledge and innovative testing methods that BARBRI brings by my side, I plan to pass the New York bar in July 2017 and be admitted as an attorney in New York.

About BARBRI International If you are interested in expanding your career options globally, you may be eligible to sit a US Bar Exam and become a US attorney. In today’s increasingly globalised world, demand con‑ tinues to grow for those who understand the workings and com‑ plexities of the law of more than one jurisdiction.

BARBRI International will prepare you to pass the US Bar Exam and provide flexible and supported learning, tailored to non-US-educated law graduates. BARBRI is a leader in legal education and the #1 bar exam preparation programme for 50 years.

For additional information on Open Days, programme locations and pricing, please visit: www.barbri-international.com

Lastly, the cost of the bar preparation programme also came SYNERGY Magazine | 13

Partners' and Externals' Perspective

Straightforward from the Court

ENVIRONMENT and HEALTH in CASELAW of the EUROPEAN COURT of HUMAN RIGHTS

Vanessa Aeby Lawyer, Registry of the European Court of Human Rights, Directorate of the Jurisconsult

Aida Grgić Lawyer, Registry of the European Court of Human Rights, Directorate of the Jurisconsult

With the increase of pollution and exposure to various en‑ vironmental risks, people strive to live in a well-balanced en‑ vironment respectful of their health. Although there is no explicit right in the European Convention of Human Rights (“the Convention”) to a clean and quiet environment or to one’s health, issues pertaining to these two intertwined top‑ ics have arisen before the European Court of Human Rights (“the ECtHR”) primarily in relation to Article 8 (right to re‑ spect for private and family life) and Article 2 (right to life) of the Convention. To a less extensive degree environment and/or health matters have also been scrutinized in relation to Article 6 (right to a fair trial), Article 3 (prohibition of ill-treatment) and Article 1 of Protocol No. 1 to the Conven‑ tion (peaceful enjoyment of possessions).

The complaints examined by the ECtHR in this area have concerned an array of issues, such as noise (emanating for instance from traffic1, bars and nightclubs,2 or fireworks3) in‑ Hatton and Others v. the United Kingdom [GC], no. 36022/97, 8 July 2003; Deés v. Hungary, no. 2345/06, 9 November 2010; Grimkovskaya v. Ukraine, no. 38182/03, 21 July 2011; Flamenbaum and Others v.

France, nos. 3675/04 and 23264/04, 13 December 2012; Bor v. Hungary, no. 50474/08, 18 June 2013; Platcha and Others v. Poland (dec.), no.

25194/08, 25 November 2014.

2 Moreno Gómez v. Spain, no. 4143/02, 16 November 2004.

3 Zammit Maempel and Others v. Malta, no. 24202/10, 22 November 2011.

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14 | SYNERGY Magazine

dustrial pollution4, environmental accidents5, waste disposal6, contaminated water7, electromagnetic waves8, nuclear tests9 and seism10.

López Ostra v. Spain, no. 16798/90, 9 December 1994; Balmer-Schafroth and Others v. Switzerland [GC], no. 22110/93, 26 August 1997; Lam and Others v. The United Kingdom (déc.), no. 41671/98, 5 July 2001; Taşkın and Others v. Turkey, no. 46117/99, 10 November 2004; Fadeyeva v. Russia, no. 55723/00, 9 June 2005; Okyay and Others v. Turkey, no.

36220/97, 12 July 2005; Öçkan and Others v. Turkey, no. 46771/99, 28 March 2006; Ladislav Folkman and Others v. the Czech Republic (dec.), no.

23673/03, 10 July 2006; Sdružení Jihočeské Matky v. the Czech Republic (dec.), no. 19101/03, 10 July 2006; Ledyayeva, Dobrokhotova, Zolotareva and Romashina v. Russia, nos. 53157/99 et al., 26 October 2006; Lemke v.

Turkey, no. 17381/02, 5 June 2007; Dubetska and Others v. Ukraine, no.

30499/03, 10 February 2011 and Brincat and Others v. Malta, 60908/11 and al., 24 July, 2014.

5 Guerra and Others v. Italy, no. 14967/89, 19 February 1998; Öneryıldız v. Turkey [GC], no. 48939/99, 30 November 2004; Budayeva and Others v. Russia, nos. 15339/02 and al., 20 March 2008; Tătar v. Romania, no. 67021/01, 27 January 2009 and Kolyadenko and Others v. Russia, no.

17423/05, 25 February 2012.

6 Giacomelli v. Italy, no. 59909/00, 2 November 2006; Brânduşe v. Romania, no. 6586/03, 7 April 2009 and Di Sarno and Others v. Italy, no.

30765/08, 10 January 2012.

7 Dzemyuk v. Ukraine, 42488/02, 4 September 2014; Otgon v. The Republic of Moldova, 22743/07, 25 October 2016.

8 Iera Moni Profitou Iliou Thiras v. Greece, no. 32259/02, 22 December 2005.

9 L.C.B. v. the United Kingdom, no. 23413/94, 9 June 1998; McGinley and Egan v. the United Kingdom, no. 21825/93 and al., 9 June 1998 and Roche v. the United Kingdom [GC], no. 32555/96, 19 October 2005.

10 M. Özel and Others v. Turkey, no. 14350/05, 17 November 2015.

4

Partners' and Externals' Perspective Respect for home, private and family life The majority of cases relating to the environment and health have been examined by the ECtHR under Article 8 of the Convention, which safeguards the right to respect for home, private and family life.

Typically, such cases were brought by individuals or groups against a Member State claiming that the State had, by act or omission, violated their right guaranteed under the Conven‑ tion.

Pursuant to the Court’s established jurisprudence in this re‑ gard, the environmental hazard complained of has to have attained a level that resulted in significant impairment of one’s ability to enjoy home, private or family life, the assessment of which will depend on all the circumstances of the case, such as the intensity and duration of the nuisance and its physical or mental effects on the individual’s health or quality of life.

The general context of the environment should also be taken into account. There would be no arguable claim under Article 8 if the detriment complained of was negligible in compar‑ ison to the environmental hazards inherent to life in every modern city11.

“

pursuant to the court’s established jurisprudence in this regard, the environmental hazard complained of has to have attained a level that resulted in significant impairment of one’s ability to enjoy home, private or family life, the assessment of which will depend on all the circumstances of the case, such as the intensity and duration of the nuisance and its physical or mental effects on the individual’s health or quality of life.

For example, in Hatton and Others v. the United Kingdom12 the Court found no violation of Article 8 because there had been an economic interest in maintaining a full service of night flights in Heathrow airport, only a small percentage of people suffered from the noise, housing prices had not dropped and the applicants could move elsewhere without financial loss.

In Deés v. Hungary13, on the other hand, the ECHR found a violation of Article 8 where, despite the authorities’ efforts to limit and reorganise traffic affecting the street in which the applicant lived, he had suffered direct and serious nuisance as a result of the excessive noise in his home over a substantial period of time.

In this field the Court has identified various positive obliga‑ tions that member States might be required to undertake in order to, among other things, limit the existing pollution and the nuisances or efficiently deal with consequences thereof; in‑ form the individuals of the sanitary risks to which they have14 or will be exposed and of their access to justice; involve in‑ dividuals in the decision-making process when issuing an au‑ 11 Hardy and Maile v. the United Kingdom, no. 31965/07, § 188, 14 February 2012.

12 Hatton and Others v. the United Kingdom [GC], no. 36022/97, 8 July 2003.

13 Deés v. Hungary, no. 2345/06, 9 November 2010.

14 McGinley and Egan v. the United Kingdom, no. 21825/93 and al., 9 June 1998.

© Alangignoux | Dreamstime.com - Oil Sands, Alberta, Canada Photo

SYNERGY Magazine | 15

Partners' and Externals' Perspective thorisation or begin an activity generating pollution or a health risk15. With regard to the latter, although Article 8 contains no explicit procedural requirement, the Court has reiterated that the decision-making process leading to measures of interfer‑ ence with rights must be fair and must afford due respect to the interests safeguarded to the individual by Article 8. It has therefore considered all procedural aspects, including the type of policy or decision involved, the extent to which the views of individuals were taken into account throughout the deci‑ sion-making process and the procedural safeguards available16.

In the same context, the Court has also stressed that the governmental decision-making process concerning complex issues of environmental and economic policy must involve appropriate investigations and studies so that the effects of activities that might damage the environment and infringe individuals’ rights may be predicted and evaluated in ad‑ vance and a fair balance may be struck between the various Grimkovskaya v. Ukraine, no. 38182/03, 21 July 2011 Hardy and Maile v. the United Kingdom, no. 31965/07, § 219, 14 February 2012.

15 16

conflicting interests at stake. Finally, the individuals concerned must also be able to appeal to the courts against any decision, act or omission where they consider that their interests or their comments have not been given sufficient weight in the decision-making process17.

Article 8 may apply in environmental cases where pollution is directly caused by the State or where the State fails to prop‑ erly regulate private-sector activities. For example, in Roche v. the United Kingdom18 the Court found a violation of Article 8 because the State had not provided an effective procedure for the applicant to have access to all relevant and appropriate information enabling him to assess the risk to which he had been exposed during his participation in the British Army’s gas testing. In another case, Guerra and Others v. Italy19, the ECHR found that a State had failed to fulfil its positive obli‑ gation to provide the local population with information about the risk factors and how to proceed in the event of an acci‑ dent caused by the malfunctioning of equipment in a nearby chemical factory.

Whether the case is analysed in terms of a positive duty of the State to take reasonable and appropriate measures to secure the applicants’ rights or in terms of interference by a public authority, the applicable principles are broadly similar. In both contexts regard must be had to the fair balance that has to be struck between the competing interests of the individual and of the community as a whole; and in both contexts the State enjoys a margin of appreciation, i.e. certain discretion in determining the steps to be taken to ensure compliance with the Con‑ vention.

17 See in this context Dubetska and Others v. Ukraine, no. 30499/03, § 10 February 2011; Grimkovskaya v. Ukraine, no.

38182/03, 21 July 2011 and Giacomelli v. Italy, no. 59909/00, 2 November 2006.

18 Roche v. the United Kingdom [GC], no.

32555/96, 19 October 2005.

19 Guerra and Others v. Italy, no.

14967/89, 19 February 1998.

16 | SYNERGY Magazine

Partners' and Externals' Perspective Right to life Another group of cases brought before the ECtHR concern‑ ing environment and health was examined under Article 2 and the positive obligation of the State to take all appropriate steps to safeguard life20.

These obligations were primarily examined in the context of dangerous activities, where special emphasis was placed on regulations geared to the special features of the activity in question, particularly with regard to the level of potential risk to life. The Court has held that applicable legislation must govern the licensing, setting up, operation, security and super‑ vision of dangerous activities and make it compulsory for all concerned to take practical measures to ensure the effective protection of persons whose lives might be endangered by the inherent risks21. And if the environmental risk realises, the State has to give an effective legal answer.

“

among these preventive measures to be undertaken by the state, the court has placed particular emphasis on the public’s right to information. the applicable legislation must provide for appropriate procedures, taking into account the technical aspects of the activity in question, for identifying shortcomings in the processes concerned and any errors committed by those responsible at different levels.

For example in Kolyadenko and Others v. Russia22 a flash flood caused by a State-owned company put at risk the applicants’ lives and property. The authorities had been aware that in the event of heavy rain it might be necessary to urgently release water from a reservoir and that this might cause extensive flooding. Nonetheless, they had neither prevented the area from being inhabited nor taken effective measures to pro‑ tect it from flooding. The Court concluded that the State had failed in its obligation to protect the applicants’ lives and that the judicial response to the events had not secured the full ac‑ countability of the officials or authorities in charge, in breach 20 21 22

L.C.B. v. the United Kingdom, no. 23413/94, 9 June 1998, § 36. Öneryıldız v. Turkey [GC], no. 48939/99, 30 November 2004, § 90.

Kolyadenko and Others v. Russia, no. 17423/05, 25 February 2012.

of both the substantive and procedural heads of Article 2 of the Convention.

In Smaltini v. Italy23 the applicant suffered from leukaemia allegedly caused by pollution emanating from a nearby steel factory. Declaring the case inadmissible, the Court accepted the domestic authorities’ conclusion that, in the light of the scientific data available at the time of the events, there had been no causal link between the applicant’s condition and the emissions from the factory.

Among these preventive measures to be undertaken by the State, the Court has placed particular emphasis on the public’s right to information. The applicable legislation must provide for appropriate procedures, taking into account the technical aspects of the activity in question, for identifying shortcom‑ ings in the processes concerned and any errors committed by those responsible at different levels.

In Budayeva and Others v. Russia24 the Court found a violation of Article 2 on account of the authorities’ failure to implement land-planning and emergency-relief policies in light of the foreseeable risk of a mudslide with devastating consequences in the area. No funds had been allocated for urgent repairs af‑ ter the mudslide which killed and injured people and essential practical measures to ensure the safety of the local population had been overlooked.

Furthermore, the Court scrutinised to what extent the State might be held responsible for natural disasters. In M. Özel and Others v. Turkey25 the Court examined whether Article 2 was applicable in the context of loss of life resulting from an earthquake and decided in the affirmative. The State’s obliga‑ tion in this area mainly consisted in taking measures to reduce the effects and to limit the scale of the catastrophe as far as possible, particularly through land planning and control over urban development. In the concrete case, the Court limited its findings to a procedural breach of Article 2 finding that the State was called on to establish responsibilities for the ensued deaths and to compensate the victims within a reasonable time.

Finally, similarly to Article 8, whenever the State is required to take positive steps, the choice of means will, in principle, be a matter that falls within its margin of appreciation. In this respect an impossible or disproportionate burden must not be imposed on the authorities without consideration being giv‑ en, in particular, to the operational choices, which they must make in terms of priorities and resources.

23 24 25

Smaltini v. Italy (dec.), no. 43961/09, 16 April 2015.

Budayeva and Others v. Russia, nos. 15339/02 and al., 20 March 2008, § 132.

M. Özel and Others v. Turkey, no. 14350/05, 17 November 2015.

SYNERGY Magazine | 17

Partners' and Externals' Perspective be taken into consideration in calculating the limitation pe‑ riod. Consequently, the ap‑ plication of the limitation period had restricted the applicants’ – the de‑ ceased employee’s fam‑ ily members – access to a court to the point of impairing the very es‑ sence of their right.

Access to justice The Court has also examined cases concerning environment and health under Article 6 § 1, which safeguards the right to a fair trial.

For instance, in Howald Moor and Others v. Switzerland26 an employee’s asbestos-related claim was declared time-barred, since a fixed ten-year limitation pe‑ riod had started running on the date when he had actually been exposed to the asbestos dust, irrespective of whether he was aware of its effects. The Court took the view that, where it was scientifically proven that a person could not know that he or she was suffering from a certain disease, that fact should

“

the court took the view that, where it was scientifically proven that a person could not know that he or she was suffering from a certain disease, that fact should be taken into consideration in calculating the limitation period. consequently, the application of the limitation period had restricted the applicants’ – the deceased employee’s family members – access to a court to the point of impairing the very essence of their right.

Howald Moor and Others v. Switzerland, nos. 52067/10 and 41072/11, 11 March 2014.

26

18 | SYNERGY Magazine

In Collectif national d’information et d’opposition à l’usine Melox – Collectif Stop Melox et Mox v. France27 the ECtHR found Article 6 § 1 ap‑ plicable to proceedings brought by an environ‑ mental-protection associ‑ ation against a decree allowing the enlargement of a nuclear plant using a particularly harmful nuclear fuel. Although the Court ultimately found no violation of the applicant association’s rights, the case is interesting in that the public’s right to be informed and to participate in the decision-making process where an activity involving a risk to health or the environment was concerned was found to involve a genuine and serious dispute over a “right” that can be said, at least on arguable grounds, to be recognised under domestic law.

Similarly, the Court held that an action of an environmental protection association, which had sought judicial review of a planning permission granted to a company for the expan‑ sion of a landfill site affecting the private life of its members, could not be regarded as an actio popularis because of the na‑ ture of the impugned measure, the status of the applicant association and its founders, the fact that the aim it pursued had been limited in space and in substance and the “gener‑ al interest” it was defending28. Nevertheless the Court found Article 6 § 1 inapplicable in a case in which the applicants had not established a direct link between the operating conditions of a power station and their right to protection of their phys‑ ical integrity29.

27 Collectif national d’information et d’opposition à l’usine Melox – Collectif Stop Melox et Mox v. France (dec.), no. 75218/01, 28 March 2006 28 L’Erablière A.S.B.L. v. Belgium (Extracts), no. 49230/07, 24 February 2009.

29 Balmer-Schafroth and Others v. Switzerland [GC], no. 22110/93, 26 August 1997.

Partners' and Externals' Perspective Other rights Certain specific situations, such as passive smoking in prisons, have been examined by the ECtHR under Article 3 of the Convention, which prohibits all forms of torture and ill-treat‑ ment30.

Lastly, environmental issues can also be found in the Court’s case-law on Article 1 of Protocol No. 1, which guarantees the right to peaceful enjoyment of possessions. As the Court stated on many occasions, the said provision does not guar‑ antee the right to enjoy one’s possessions in a pleasant envi‑ ronment31 However, the ECtHR has accepted that the loss of value of a property resulting from a severe nuisance, in‑ cluding the degradation of the environment in which it is sit‑ uated, may constitute partial expropriation32. The Court has also found that, in the context of major environmental risks, States was under a positive obligation to prevent the destruc‑

tion of property33. Lastly, the ECtHR has considered that the protection of the environment or nature was a matter of gen‑ eral interest and may therefore form the basis for measures or regulations restricting the right to peaceful enjoyment of possessions34.

“

the court has also found that, in the context of major environmental risks, states was under a positive obligation to prevent the destruction of property.

See, for example, Kolyadenko and Others v. Russia, no. 17423/05, 25 February 2012 and Öneryıldız v. Turkey [GC], no. 48939/99, 30 November 2004, § 135.

34 See, for example, Lazaridi v. Greece, 31282/04, 13 July 2006, § 34, Turgut and Others v. Turkey, 1411/03, 8 July 2008, § 90 and Chabauty v.

France, 57412/08, 4 October 2012, § 54.

33

30 See in this respect Enășoaie v. Romania, no. 36513/12, 4 November 2014 and Vasilescu v. Belgium, no. 64682/12, 25 November 2014.

31 Galev and Others v. Bulgaria (dec.), no. 18324/04, 29 September 2009.

32 Ivan Atanasov v. Bulgaria, no. 12853/03, 2 December 2010, § 83.

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16/02/17 14:36 SYNERGY Magazine | 19

Partners' and Externals' Perspective

Watt’s up at the WTO?

RENEWABLE ENERGY in WTO CASE LAW

Philippe de Baere Co-managing partner, Van Bael & Bellis

One of the biggest contributors to global warming today is electricity production. A quarter of all daily greenhouse gas emissions are caused by the production of electricity.1 Re‑ newable energies play a vital role in mitigating climate change and ensuring energy security. Renewable energies, however, have difficulty competing with fossil fuels in the market. On one hand, fossil fuel electricity producers do not have to pay for the negative social costs that are caused by burning fos‑ sil fuels (so-called “negative externalities”). Nor, on the other hand, do renewable electricity producers receive a higher price for their electricity despite the benefits they bring to society (also known as the failure to internalise positive externalities).

Clearly, government intervention is needed to level the playing field for renewable energy.

measures requiring the purchase or use of electricity genera‑ tion equipment of domestic origin were trade-related invest‑ ment measures covered by paragraph 1(a) of the Annex to the TRIMS Agreement.3 It followed that those measures were found to be inconsistent not only with the non-discrimination obligation under Article III:4 of the GATT, but also under Article 2.1 of the TRIMS Agreement.4 The panels also clari‑ fied that such measures were not covered by Article III:8(a) of the GATT, which exempts government procurements from the disciplines of Article III. Indeed, in those cases, the prod‑ uct being purchased by the government was the electricity and not the generation equipment.5 Hence, Members cannot enact domestic content requirement measures with regard to elec‑ tricity generation equipment.

The WTO does not contain explicit disciplines regarding its Members’ renewable energy policies. Government pro‑ grammes to support renewable energy, however, may conflict with the WTO Agreement. Indeed, five disputes have already been filed concerning measures related to renewable energy.2 The findings of the panels and the Appellate Body in these disputes have significant implications for Members’ energy policies.

Secondly, the findings also have implications regarding subsi‑ dies. In Canada – FIT, the government of Ontario had created a system, the Feed-In Tariff or FIT Program, under which electricity produced from renewable sources was purchased at a price higher than the usual market price for electricity, provided a number of conditions were met. Japan and the European Union challenged this system. The panel dismissed the complainants’ claims on the ground that they had failed to establish the existence of a subsidy under the SCM Agreement, as it considered that there was no benefit under Article 1.1(b).6

The first implication concerns domestic content requirements.

The panels in Canada – FIT and India – Solar Cells found that IPCC, Climate Change 2014, Cambridge University Press, 2014.

China – Measures Concerning Wind Power Equipment (DS419); Canada – Renewable Energy (DS412); Canada – Feed-In Tariff Program (DS426); India – Solar Cells (DS456) and United States – Certain Measures Relating to the Renewable Energy Sector (DS510).

1 2

20 | SYNERGY Magazine

Panel Reports, Canada – Renewable Energy/Canada – Feed-in Tariff, para. 7.166; Panel Report, India – Solar Cells, para. 6.67.

4 Panel Reports, Canada – Renewable Energy/Canada – Feed-in Tariff, para. 7.166; Panel Report, India – Solar Cells, para. 7.73.

5 Appellate Body Report, Canada – Renewable Energy/Canada – Feed-in Tariff, para. 5.79; Panel Report, India – Solar Cells, para. 7.135.

6 PanelReports,Canada–RenewableEnergy/Canada–Feed-inTariff,paras.7.319-7.327and9.23.

3

Partners' and Externals' Perspective The Appellate Body reversed the panel’s findings, as it took issue with the panel’s analysis of the relevant market for the benefit determination, although it was itself unable to com‑ plete the analysis.7 The Appellate Body, however, still came up with a new test to identify the relevant market; namely, it distinguished between suppliers based on characteristics allowing it to isolate the renewable energy market. According to the Appellate Body, framing an appropriate market benchmark that reflected On‑ tario’s energy supply mix “implie[d] the existence of separate markets for wind- and solar PV-generated electricity”.

This would render inappropriate a comparison of the FIT Program with a competitive wholesale electricity market con‑ sisting of all electricity sources.8 The Appellate Body there‑ fore decided that a market benchmark for wind and solar electricity should consist of the market for wind and solar electricity exclusively. As a result, according to the Appellate Body, the true question was how to determine whether wind and solar electricity suppliers would have entered Ontario’s wind and solar electricity market without the FIT Program.9

In conclusion, Canada – FIT can be seen as a departure from the strict application of the anti-subsidy dis‑ ciplines and an indication that the Appellate Body is willing to leave Members a certain degree of policy space. Unfortunately, the Appellate Body has done so in quite an ambiguous manner raising much criticism from legal scholars.12 It is hoped that further clarification will be pro‑ vided in the future en‑ suring legal predictabil‑ ity for investments in renewable energy.

Taking into account both the supply and demand sides of the electricity market, the Appellate Body held that wind and solar electricity producers did not compete with other electric‑ ity producers because of “differences in cost structures and operating costs”.10 The Appellate Body added that, in deter‑ mining the relevant market, it is important to draw a distinc‑ tion between government intervention in an existing market, which constitutes a subsidy, and government interventions that create a market that would otherwise not exist. The latter do not constitute a subsidy.11 In general, by preventing the identification of a benefit when government purchases of goods skew the regular application of competitive pressure among identical products in favour of a specific set of producers, the Appellate Body’s separate market approach signals a greater tolerance of subsidies hav‑ ing a “legitimate objective”. ____________ Appellate Body Report, Canada – Renewable Energy/Canada – Feed-in Tariff, paras. 5.169, 5.178, 5.219 and 5.246.

8 Ibid, paras. 5.168 – 5.169, 5.182, 5.193 and 5.212.

9 Ibid, para. 5.199.

10 Ibid, para. 5.167.

11 Ibid, para. 5.188.

12 A. Genest, The Canada – FIT Case and the WTO Subsidies Agreement: Failed Fact Finding, and Missed Judicial Economy, JSDLP, Vol. 10 Issue. 2, p. 239; Y. Zhou, The WTO Appellate Body’s Subsidy Analysis in Canada – Renewable Energy / FIT, University of Pennsylvania Journal of International Law, August 2016, http://pennjil.com/the-wto-appellate-bodys-subsidy-analysis-in-canada-renewable-energy-fit/ 7

SYNERGY Magazine | 21

A new chapter in ELSA's history

ESTABLISHMENT of ELSA WEBINARS the

Nigel Micallef Vice President for Seminars & Conferences ELSA International 2016/2017

elsawebinars.

The beauty of ELSA is that one can always find something new and interesting to do in this organisation if given the right tools and motivation. Back in January 2016, the first initial idea of webinars came to me after a long discussion with a close friend of mine, James Debono. After a detailed talk it all made a lot of sense.

It was time for ELSA to truly utilise the fact that we are living in the era of modern technology and therefore one had to grab this opportunity and make the most out it. Time passed by and as a candidate for the position of Vice President for Seminars and Conferences I decided to discuss this idea with the future President of ELSA International, Robert Vierling, over Skype. Robert was at first quite curious about my idea to introduce webinars to ELSA. After a sceptical but constructive discussion he was, just as me, extremely intrigued by the challenge of introducing this idea to our Association.

However, that was only the first step. I finally had the opportunity to share this idea with the rest of the ELSA Network as one of my main points in my Action Plan at the International Council Meeting held in Malta. One thing Robert had already pointed out to me during our Skype was the fact that often it had been seen that candidates try desperately to find something new or something they could change without any feasibility behind it. But the idea to introduce webinars to ELSA was different – it seemed so obvious but still had been unexplored in our Association. I will fast-forward to the end of July in the ELSA House when the International Board of ELSA 2016/2017 sat down to create its One Year Operational Plan. I had been mentioning webinars almost every day of

22 | SYNERGY Magazine

transition month and discussed my ideas and vision with my fellow board members. Finally, ELSA Webinars formed part of the primary goals set by ELSA International for the term 2016/2017.

Shortly after that the hands-on work started. Ever since I had discussed the idea with Robert he had pointed out that the ideal way to launch this new project of ELSA International would be during the ELSA Day. Therefore, I had sent an email to our main contact person at the Council of Europe, Barbara Orkwiszewska, to enquire as to whether they would be interested in assisting us in developing this idea. After several calls and emails the idea became a structured project and together we agreed to have the first webinar linked with ELSA Day to celebrate Human Rights awareness.

“

the beauty of elsa is that one can always find something new and interesting to do in this organisation if given the right tools and motivation ... it was time for elsa to truly utilise the fact that we are living in the era of modern technology and therefore one had to grab this opportunity and make the most out it.

International Focus We then drove to Strasbourg for a full day of meetings with everyone involved with preparations for the Webinar. We met with the technical team who showed us around the studios and explained all the technical affairs that we needed to prepare for the Webinar. We also talked with the department dealing with IT so that we could prepare the web page and finally we met with the speakers to discuss sub-topics in the area of migration, which would be interesting for the Webinar. Whilst we discussed the structure of the Webinar we were told that, from the experience of the Council of Europe’s communications officers, it would be optimal if Robert and I would form part of the panel as co-hosts.

Only a few weeks later it was our esteemed pleasure to present the 1st ELSA Webinar in ELSA history to the council at the International Council Meeting in Porto, Portugal. At this point in time we had already moved further then expected and the feedback of the council was reaffirming for us in our work.

The preparations continued to move forward after the conference in Portugal and eventually the 30th of November was upon us. Robert, Ivan and I were in Strasbourg early in the morning to prepare and rehearse before we went live. Whilst Ivan was making all the preparations related to Twitter and Facebook, Robert and I were in the studio with the speakers to go through the whole session together. The moment before we went live was a moment of both professional and personal growth for Robert and myself since this was a completely new

challenge, but first and foremost we knew that here we had the chance to at least write a small piece of ELSA history.

Time passed by like a flash and the webinar was over. Results showed that the webinar was a huge success and thanks to the Council of Europe we have managed to lay the groundwork for this project to continue to expand and grow within the ELSA Network.

How does a webinar work?

A webinar is a presentation, lecture, workshop or seminar that is transmitted over the internet using video conferencing software. Such software enables the hosts of the Webinar to interact with participants via live presentations, documents and other materials, which are accessible to the attendees.

One of the unique features of such a project is that it enables participants from all over the world to ask questions live to the speakers present in the Webinar. This can be done either via Twitter or also via the features of such a programme.

The benefits of this project The aim of this new scientific project within the area of seminars and conferences is to enable the whole ELSA network to use this new tool to provide more educational

Š Council of Europe | http://www.coe.int/en/web/portal/elsa/

(left to right) Nikolaos Sitaropoulos, David Milner, Michelle Lafferty, the experts, together with Robert Vierling and Nigel Micallef, co-hosts

SYNERGY Magazine | 23

International Focus opportunities to students and young lawyers. Through this, ELSA would not only reach its members but also engage people that are not involved with the Association or do not have the opportunity to be involved in our network.

ELSA Webinars and the Council of Europe The first ELSA Webinar in ELSA history formed part of the events celebrating the 5th anniversary of ELSA Day. The Council of Europe and ELSA worked together to bring forward this project. The first webinar tackled the subject of Migration Law. The panel included experts from different © Council of Europe | http://www.coe.int/en/web/portal/elsa/

mind we would like to thank Barbara Orbwiszewska, Sophie Lobey, Paivi Suhonen, Ulf Ahlberg, Jeremy Moakes, JeanJacques Siegel, all the above-mentioned panellists and all the other people involved in making this project a reality.

The future of ELSA Webinars

© Council of Europe | http://www.coe.int/en/web/portal/elsa/

departments within the Council of Europe, namely Michelle Lafferty, Nikolaos Sitaropoulos and David Milner. The webinar managed to reach a total audience of over 14,000 participants from all over the globe.

Two of the main focus points in ELSA are its commitment towards Human Rights awareness and the implementation of the International Focus Programme, which is currently tackling the legal topic of Environmental Law. Hence, ELSA aims to use this start-up project to prioritise the mentioned topics and increase their recognition and importance in the legal world.

ELSA and The Council of Europe aim to have two ELSA Webinars per year to continue to develop on the success attained in November 2016. Each webinar will tackle different areas of interest within the legal sphere. With all of this in

© Council of Europe | http://www.coe.int/en/web/portal/elsa/

Apart from increasing the number of ELSA Webinars held annually, the aim for the long-run is to use this tool to address other areas within the organisation such as providing training to our officers via webinars and also allowing officers to join in live during any of the International Council Meetings. © Council of Europe | http://www.coe.int/en/web/portal/elsa/

24 | SYNERGY Magazine

A new chapter in ELSA’s history has begun, stay tuned!

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SYNERGY Magazine | 25

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02

INTERNATIONAL FOCUS PROGRAMME WEEK

-06

Location: Prague, Czech Republic Website: icmprague.com Working Language: English

LXXI INTERNATIONAL COUNCIL MEETING

/MARCH-APRIL

Location: Kyiv, Ukraine Website: emc2.elsa.org Working Language: English

2nd EUROPEAN REGIONAL ROUND of the ELSA MOOT COURT COMPETITION

Location: Cluj Napoca, Romania Website: emc2.elsa.org Working Language: English

1ST EUROPEAN REGIONAL ROUND of the ELSA MOOT COURT COMPETITION

-02

26

-21

17

10-14

8

LAUNCH of the SUMMER ELSA LAW SCHOOLS

/MARCH

23

-27

15

06-11

24 -31

/JUNE

/AUGUST

/AUGUST-SEPTEMBER

LV INTERNATIONAL PRESIDENTS’ MEETING Location: Zagreb, Croatia Working Language: English

Location: Brussels, Belgium Working Language: English

TRANSITION BARBEQUE

/JULY

FINAL ORAL ROUND of the ELSA MOOT COURT COMPETITION Location: Geneva, Switzerland Website: emc2.elsa.org Working Language: English

Location: Tirana, Albania Website: elsa.org/training Working Language: English

TRAIN the TRAINERS WEEK

/MAY

CALENDAR

-13

09

17

elsa.org

Location: Grahamstown, South Africa Website: emc2.elsa.org Working Language: English

AFRICAN REGIONAL ROUND of the ELSA MOOT COURT COMPETITION

Website: step.elsa.org Working Language: English

LAUNCH of the STEP TRAINEESHIPS

Website: elsa.org/international-focus-programme/

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Website: elsa.org/elsa-day/ Working Language: English

6th ELSA DAY

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for excellent IT solutions

/NOVEMBER

VII KEY AREA MEETING Location: Bratislava, Slovakia Working Language: English

Location: Novi Sad, Serbia Working Language: English

VII SUPPORTING AREA MEETING

@elsa.org

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LSAEVENT

International Focus

The future of the ELSA Development Foundation

STRENGTHENING the FOUNDATION for a STRONGER NETWORK

Rob van Bergen Treasurer ELSA International 2016/2017

Over the years, ELSA has known its ups and downs. The same goes for all the different National and Local Groups. The ELSA Development Foundation (EDF) provides all ELSA Groups with the opportunity to receive a grant of up to 1,000 EUR for their events, or for participation in International Council Meetings.

Each National Group contributes a percentage of their general partnership income to the EDF. The majority of this contribution is available for distribution through EDF grants, but every year a small piece of this income goes into the socalled ‘EDF Capital’. From the beginning, the purpose of this EDF Capital was to eventually create a fund that was selfsustaining by way of the interest earned on it.

Unfortunately, due to the financial crisis and perhaps some initial excessive optimism, after several years it seems that the self-sustainability of the EDF is still far out of reach. Based on research done by the Working Group on the Capital of the EDF, it seems that, as of now, there are no feasible options to make significant steps towards this self-sustainability.

However, the EDF has this year been more successful than ever before and has proven to be a great method of support for those ELSA Groups in need of its assistance.

One of the focus points of this year’s International Board 28 | SYNERGY Magazine

was to reduce the workload and increase the efficiency of the EDF. At the time of writing, the workload does not seem to be the biggest issue of the EDF anymore, thanks to structural changes in its management: the Board of Directors now consists of three members instead of eight.

The new challenge for the EDF is dealing with the increased number and diversity of grant applications. In the first half of this term alone, the EDF received 22 applications, compared to 19 applications in the entire term of 2015/2016.

Although this might be partly due to some structural changes in the application process that had been made during the previous term but only came into effect from the 1st of July onwards, it can also be attributed to the interest of the current International Board of ELSA and its efforts in increasing awareness of the possibilities that come with the EDF.

In any case, the fact is that the EDF has become more wellknown throughout the entire network. More National Groups have applied for funding out of the EDF, including both lowincome countries as well as wealthier ones. The increase in applications from the latter can be explained by the approach of the new Board of Directors: the wealth of a country is not always an indicator of the wealth of its students. The increased popularity of the EDF in low-income countries can be explained by better promotion aimed at those countries,

International Focus which are not often represented at international internal meetings.

The increased awareness is also visible in the diversity of the applications. The best example is applications in respect of travel and/or accommodation costs for International Council Meetings. This has everything to do with the improved communication with certain National Groups, but it is also a result of the approach of the Board of Directors. In previous years, potential applicants were often indirectly discouraged to apply, based on nationality (or respective National Group).

This year, the Board of Directors has not excluded applicants based on this criterion, but instead considered on a case-bycase basis whether the applicant really needed the funds and the value of that applicant attending the International Council Meeting.

For the upcoming years, it looks like the EDF will have just over 10,000 EUR to spend each year. However, as interest in the EDF is increasing, this amount may soon not be enough anymore. A part of the new challenge is to secure the income of the EDF for future generations and to find a sustainable solution for contributions to it.

Under the current regulations, all National Groups contribute a small portion of their general partnership income to the EDF. There are several factors as to why this is unfair, which will not be explained in this article simply because there would not be enough space here and the subject requires deeper knowledge of the structure of ELSA.

Contributing to the EDF means contributing to a stronger network and thus a stronger ELSA. The EDF has proven to support the groups that need it the most and has shown its effectiveness in more than a few cases. Therefore, the EDF is not just any other project, but directly contributing to the strength of the network and providing a foundation for struggling ELSA groups.

Key to the self-sustainability of the EDF will be the realisation of its importance throughout the whole network. This article is not only meant as an update on the status quo, but also as an extra boost for the awareness and knowledge of the EDF both within and outside of the network. Big steps have already been taken, but the work is not finished. The EDF has even more potential and it will be up to future generations to get the most out of it.

“

contributing to the edf means contributing to a stronger network and thus a stronger elsa. the edf has proven to support the groups that need it the most and has shown its effectiveness in more than a few cases. therefore, the edf is not just any other project, but directly contributing to the strength of the network and providing a foundation for struggling elsa groups.

SYNERGY Magazine | 29

International Focus

“If you are ready to hone your skills, expand your horizons and go beyond the ordinary, training is exactly what you need!”

PERSONAL DEVELOPMENT IS ALWAYS a TREND Narmin Aliyeva Assistant for Training ELSA International 2016/2017

We live in an age where trainings have become one of the most prominent forms of informal education and a way of developing the knowledge of target groups. Given its ability to efficiently provide valuable knowledge and expertise in limited amounts of time, it is becoming more widely applicable among people willing to develop themselves in various ways.

Some people seek to develop their professional skills through trainings in order to become more competitive in a job market; others get trained to increase their productivity in a workplace.

In my own view, many of them barely grasp the main idea of trainings. Trainings have grown into a trend that some are very much fond of, and about which others are notably sceptical.

My personal approach to this matter would be: “well, there are stereotypes of which we may all be guilty, simply because most of us are looking at things from one specific angle”.

João Thiago (left), the ITP Trainer, delivers a training in ELSA Kharkiv (Ukraine)

30 | SYNERGY Magazine

Indeed, it is extremely difficult to explain what trainings really are, especially considering that trainings are more talked about than they are actually tried and tested. I feel fairly confident forming a discourse around their actual notion and perception, as I have participated in a large amount of trainings. This helped me understand the dynamics of the teamwork that arises in the course of training.

Naturally, ELSA made its own useful contribution to the overall effort by establishing the International Trainers’ Pool (ITP) in 2000, thus instituting a long-term ELSA Training project within its framework. Notwithstanding that there are diverse training opportunities available, Training in ELSA is divided into two categories based on the needs of its members: soft skills training and officers’ training. The soft skills training is focused on developing personal attributes that enhance an individual’s interactions, career prospects and job performance. The goal of the officers’ training, on the other hand, is to make sure that members are fully equipped as ELSA officers. The content of the topics is diverse for both types of trainings.

Over the 16 years of its existence a lot has changed in the ITP, including the trainers themselves and trending topics of the trainings, but there is something that has not and will most likely never change – the purpose. ELSA Training aims at forming certain knowledge and skills in ELSA members to aid their personal and professional growth in a very distinctive and exciting manner. Moreover, preservation of the “internationality” of ELSA Training allows it to bring much of the inspiration and motivation of the trainers, who have been active in various ELSA groups in the past, to the National and Local Groups that invite them.

International Focus Training is the most intense and advanced method to transfer certain knowledge. It works in a mode that allows you not only to observe and listen to what the right way of doing something is or how other people do it; but also to take risks, step out of your comfort zone and try it yourself. Even if you make mistakes, even if it all goes wrong, it is crucial to do it yourself. This will help you view yourself from a different perspective, or at least from the trainer’s angle by analysing the feedback given.

In fact, training is a sort of journey to the future with luggage of knowledge and skills that are subject to alterations, just like our life that is changing constantly; it gives us new opportunities but also presents a number of requirements along the way. What we have for the current moment is the subject of decreasing value and demand. So basically, training prepares you for various situations; it is an opportunity to form this readiness and create inspiration and motivation to take an action easily in the future.

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elsa training allows to bring much of the inspiration and motivation of the trainers, who have been active in various elsa groups in the past, to the national and local groups that invite them.

Training is a joint work of a trainer and participants, a joint work that requires adequate amount of efforts, initial preparation and concentration. According to my way of thinking, participants gain good experience and simultaneously enjoy their time, as long as everyone at the session invests a sufficient amount of efforts and energy into the objectives that people put before themselves.

Certainly, a trainer is the one who creates the conditions and atmosphere where participants feel comfortable enough to be trained, to try and to risk enough to make mistakes, because the more mistakes you make during the training session, the less you are going to make when you actually face the situation. Trainers encourage every participant to speak freely and openly, which builds and boosts one’s self-confidence.

Trainings always include some practical learning apart from the theoretical part, which leads to not only acquiring the knowledge, but also to the development of the necessary skills.

ITP trainers can provide you with trainings on truly various soft skills and even more!

Training can perform many important tasks. All you have to do is to enjoy the session and think of future possibilities where you will be able to implement the newly acquired abilities.

Apart from the direct knowledge and practice transferred to the participants, trainings usually leave them inspired to believe in themselves and try something new that they have learned and seen at the training.

There is an innumerable amount of people out there who are passionate about training sessions. Those sessions have long been a form of recreation, the best combination of communication and acquiring knowledge.

If you are ready to hone your skills, expand your horizons and go beyond the ordinary, training is exactly what you need!

The sessions will allow you to diversify your life by their nontraditional approach, eventually developing your creativity.

Ask for an ITP Trainer!

If your ELSA Group is interested in organising a training ses‑ sion or training event of more than one session for its officers and (or) members, you may request an ITP trainer via filling in the ITP Training Request.

The ITP Training Request includes questions about the topic of the session, the materials provided as well as the contact de‑ tails of the ELSA Group.

The ITP Trainers are ready to receive your requests!

Find out more here: elsa.org/training/

SYNERGY Magazine | 31

International Focus

Cheers to one more year of success!

TOGETHER WE ARE STRONGER

Alyona Litvinova Vice President for Student Trainee Exchange Programme ELSA International 2016/2017

One of the main goals of ELSA is to contribute to the le‑ gal education of law students around Europe and to prepare them for professional life. With our focus on internationality, we are trying to bring this understanding to our members, future lawyers.

The Student Trainee Exchange Programme (STEP) is one of ELSA’s Flagship Projects and focuses solely on the practical part of a law student’s education. We believe that our members are more prepared to work in an international environment since they have a great opportunity to try it out during their studies.

One more year of STEP has passed and we are once again very proud to have offered more than 300 traineeship spots to our members as well as to have contributed to the interna‑ tional environment in the offices of our traineeship providers worldwide. Without the support of the latter, our programme would not exist.

Therefore, we would like to express our gratitude to the STEP traineeship providers, both new and those who have been with us over the years, for their support of our vision and contri‑ bution to the legal careers of our members and spreading the word about cultural diversity and mutual understanding.

STEP employers 2016: ALBANIA - Deloitte Albania Shpk - Drakopoulos Law Firm - Legal Professional Services Albania AUSTRIA - Bezirkshauptmannschaft Innsbruck - Bezirkshauptmannschaft Schwaz - Federal Ministry of Interior - LeitnerLeitner tax audit advisory - Magistrat Graz - PHH Prochaska Havranek Rechtsanwalte - Starlinger Mayer attorneys-at-law AZERBAIJAN - LIB Group - State Agency for Public Service and Social Innovations BELGIUM - Dewit Law Office - Kocks & Partners - Liaison Office of the Council of Europe

32 | SYNERGY Magazine

BULGARIA - Popov & Partners Law Office CROATIA - Atlantic Grupa d.d.

- Josip Juraj Strassmayer University of Osijek, Faculty of Law Osijek CYPRUS - Harris Kyriakides LLC - The Law Offices of Dr. Christos A. Theodoulou LLC CZECH REPUBLIC - Advokátní a mediační kancelář law4U s.r.o.

- Advokátní kancelář Zrůstek, Lůdl a partneři v.o.s.

- Andree - advokátní a insolvenční kancelář - bnt attorneys-at-law s.r.o.

- bpv Braun Partners s.r.o.

- Clifford Chance Prague LLP, organizační složka - Faculty of Law, Masaryk University

- Feichtinger Žídek Fyrbach advokáti s.r.o.

- Giese & Partner s.r.o.

- Hartman, Rychnovská lawyer association - Holubová advokáti s.r.o.

- The League of Human Rights - Pierstone - Švehlík & Mikuláš advokáti s.r.o.

- Supreme Administrative Court - TaylorWessing e/n/w/c advokáti s.r.o - Z/C/H Legal v.o.s., advokátní kancelář DOMINICAN REPUBLIC - Alburquerque & Alburquerque Abogados - Castillo & Castillo Abogados - Consorcio Energético Punta Cana - Macao (CEPM) - Court of Appeals - De Camps/ Vasquez/Valera - Gilbert Tapia Legal - Iuroscorp Abogados

- Manzano Rodrigues & Asociados - Medina Garrigo & Abogados - Pellerano & Herrera - Squire Patton Boggs - Staff Legal Abogados ESTONIA - IT Law Programme at the University of Tartu - Tallin University of Technology, Tallin Law School FINLAND - Åbo Akademi University, Institute for Human Rights - F-Secure Oyj - HK Scan Oyj - Institute for Law and Informatics and Faculty of Law - Kansahelakelaitos (Kela) - The Social Insurance Institution of Finland - University of Eastern Finland, Law School - Wärtsilä Finland OY

International Focus FRANCE - Council of Europe - Agir pour l'égalité (Acting for equality) - Ensemble Droit - Euradionantes - Eurogroup - Madame Vacances - SCP Kinget Marliere GEORGIA - Civil Development Agency (CIDA) - Georgian Copyright Association (GCA) - Georgian Lawyers for Independent Profession (GLIP) - Georgia's Reforms Associates (GRASS) - Institute for Development of Freedom of Information (IDFI) - International Law Bureau LBC Group - J&T Consulting LLC - Kipiani & Partners LTD - Khachidze & Gochaleishvili's consulting group JLCO - LEPL Center for Crime Prevention - NGO Multinational Georgia for Strenghening Democratic Values - Private Elementary School "Gone Kveknisa" - Usuphashvili & Zedelashvili lawyersgroup GERMANY - Breuer Lehmann Rechtsanwälte PartmbB - Busse & Miessen Rechtsanwälte Partnerschaft - Chair for Public Law, Public International Law and European Law - Chair of German, European and International Public Law, Faculty, of Law, Economics and Business, University of Halle - CMS Hasche Sigle - Göhmann Lawyers Notaries - GvW Graf von Westphalen - GSK Stockmann + Kollegen - Insitut für Wirtschafts- und Steuerrecht, Prof. Dr. Michael Stöber - Institute of Business and Tax Law - König, Strässer & Partner GbR - Konopatzky | Fendt | Klopfer | Thiel Rechtsanwälte - Law firm Bernfried Wolff - LexDellmeier IP Law Firm - Luther Rechtsanwaltsgesellschaft mbH - Meister Rechtsanwalte - Menold Bezler Rechtsanwälte Partnerschaft mbB - Ministry of Justice of the State Saxony - "MLP AG / MLP Finanzdienstleistun gen AG" - Noerr LLP - Petersen Hardraht Rechtsanwälte Dresden - Pfaff-Hofmann & Lee legal Rechtsanwaltsges ellschaft mbH - Piening Personal - "RITTERSHAUS Lawyers Partnership Society" - Schürmann Wolschendorf Dreyer

Rechtsanwälte - Seitz Weckbach Fackler & Partner mbB GREECE - Centre of International and European Economic Law (CIEEL) - Democritus University of Thrace, Faculty of Law, Department of International and European Studies - Democritus University of Thrace, Faculty of Law, Department of Criminal Law and Forensic Science - Drakopoulos Law Firm - Theodoros Chiou and Partners IP&IT Law Firm IRELAND - Maynooth University Departement of Law INDIA - Bengaluru – J. Sagar Associates ITALY - European Center for Law, Science and New Technologies (ECLT) - GDlegal - Macchi di Cellere Gangemi - Marasco Law Firm - Palmigiano Law Firm - POLIS AVVOCATI - Portolano Cavallo Studio Legale - Santachiara & Partner Avvocati - Studio Legale Caldana & Associati - Studio Legale e Commerciale Trimboli & Trimboli - Studio Legale Tributario Sances LITHUANIA - Law Firm VARUL and partners - Mykolas Romeris University, Faculty of Law LUXEMBOURG - Arendt & Medernach SA - GSK Luxembourg SA THE NETHERLANDS - Bierens Debt Recovery Lawyers - Wolf Legal PublishersAssociation NORWAY - Finnmarkseiendommen POLAND - Citizens Advice Bureau in Gdynia - Domański Zakrzewski Palinka sp. k - Dorota Erdmann – Advocate Office - DURAJ RECK Law Firm - Foryś Wojciechowski - Legal Councellors Proffesional Partnership - Jara Drapala and Partners Sp. k.

- Kancelaria Adwokacka Krzysztof Zuber - Law Firm MGS Madry, Sznycer, Cwalina-Kowalewska, Sambozuk - Koper and Partners - MAMCZUR Law Firm - Marek Jarzyński & Kornel Novak Law Firm - Noerr Menzer Sp.k - RGW Rocławski Graczyk i Wspólnicy Adwokacka Spółka Jawna - Roclawski Graczyk i Wspólnicy

Adwokacka Spólka Jawna - The Rule of Law Institute - Rumpel and Partners - Spaczyński, Szczepaniak i Wspólnicy sp.k.

- Stanek legal Kancelaria Prawnicza s.c.

- Tomasz Dauerman - Sports Law Firm - Zuber – Copyright and Criminal Law Firm PORTUGAL - AdC Advogados - FCB Sociedade de Advogados - Gama Lobo Xavier, Luís Teixeira e Melo e Associados - Município de Tomar - Nuno Cerejeira Namora, Pedro Marinho Falcão & Associados - Rogério Fernandes Ferreira & Associados, R.L. REPUBLIC OF MACEDONIA - Macedonian Young Lawyer Association ROMANIA - B.E.J. ASTELEAN FLORIN-SERGIU - Birou Executor Craciun Cristian - Cab.Av.Diaconu Carmen Mariana - Cabinet Avocat Individual Iordan Ana Daniela - Cabinet de avocat Nicoara Laurentiu - Catalin NEAGU Intellectual Property Office - Costas, Negru si Asociatii - SCA - Doseanu Răzvan - Drakopoulos Law Firm - Gilescu Valeanu Nathanzon & Partenerii - Iuga SPRL - Law Office Lisievici-Brezeanu Alexandru-Petru - Law Office Trandafirescu Bogdan Cristian - Mircea Ursuta - Cabinet De Avocat - Mediation Office - Anca Iacob - Mediation Office - Liliana Stefan - Mihalcescu & Asociatii - Ombudsman - Pachiu & Associates - Pop & Partners SCA - SCA Barbu Si Asociatii - SCA BUDUSAN Si Asociatii - SCA Cuntan & Banea - SCA Giurgea, Ghidra Si Asociatii - SCA Stegaroiu Si Asociatii - SCPA Câmpan & Timone - SCPA Popa, Csalai, Nut - STOICA & Asociatii SCA - Tarcea Ligica - Trandafirescu Bogdan Law Office - Valentin & Asociatii SCA SERBIA - Sanja Dundjer SLOVAK REPUBLIC - Taylor Wessing e/n/w/c advokáti s.r.o.

SLOVENIA - European Faculty of Law - The Law Office Gorjup SPAIN - Dorfmeister & Partners - Dragon Deal SL - Frühbeck Abogados S.L.P - Guretruck SL - Xavier Pareja Advocats SWEDEN - Gärde Wesslau Advokatbyrå - Umeå District Court SWITZERLAND - Agon Partners - FRANZ Rechtsanwälte - Schellenberg Wittmer Ltd TURKEY - "ACK Saglik Turizm Danismanlik Hizm. Tic. A.S. - Altmişkara Law Firm - Altas Attorney Partnership - Aydas Liman Kurman Law Firm - Basgezer Law Firm - Cerrahoglu Law Firm - Gediz University - Gokce Attorney Partnership - K&P Legal Law Firm - Karakaya Law Office - Kaska Law Firm - Kula Law Firm - Onat Law Firm - UK Istanbul Travel Services UKRAINE - International Law Firm “Integrites” - Legal Consulting Group ''European Law Company, LLC'' - Kharkiv Human Rights Protection Group - LCF Law Group - LLC Attorney at Law GM Lawyers - Ukrainian Catholic University (Rule of Law Center) - Yuriy Fedkovych Chernivtsi National University Law School UNITED KINGDOM - Legal Advice Centre (University House) USA - Butzel Long

NEW

STEP TRAINEESHIPS

COMING OUT ON

APRIL 17, 2017

STEP.ELSA.ORG SYNERGY Magazine | 33

All I want (not only) for Christmas is ELSA Delegation

FIRST ELSA MISSION to the WORLD BANK the

Lucie Kalousková Assistant for Panellists in the EMC2 ELSA International 2016/2017

From a very early age, I have always had a great interest in everything that seemed to be remotely related to internation‑ al impact or influence. Since I have eventually become a law student, membership in ELSA came to me naturally, and I am happy and grateful for that “glorious” moment that still brings me a lot of fun, work and experience. However, this article is not aimed at celebrating ELSA being an awesome as‑ sociation (that we know for sure!) but sharing the experience of one of the most exciting and thrilling Flagship Projects, ELSA Delegations!

was focused mainly on the Climate Change and International Financial Institutions. I was a part of a four-member delega‑ tion together with members of ELSA Finland, ELSA Austria and ELSA Switzerland.

I learnt about ELSA Delegations a while after I had joined, and it was thanks to my friends from ELSA Brno, who had participated themselves. It sounded like a very interesting op‑ portunity, and I started to give it more thought over time. Ini‑ tially, I had I applied twice unsuccessfully and was a bit disap‑ pointed to be honest; nevertheless, third time’s the charm and that is how I got to attend my first ELSA Delegation!

The Delegation itself lasted from the 5th to the 9th Decem‑ ber 2016 and took place at the headquarters of the World Bank in Washington, D.C., the United States of America. The five-day conference provided a wide choice of panel discus‑ sions and presentations, which were delivered by lawyers, aca‑ demics, politicians and professionals in the sphere of financial services from all around the world. During the introductory first day the opening speeches were given by Jim Yong Kim, World Bank Group President, Anne-Marie Leroy, Senior Vice President and World Bank Group General Counsel, and Lau‑ ra Tuck, Vice President dealing with Sustainable Development issues in World Bank, in the main hall of the huge building of the World Bank.

I was selected to be a member of the historically first ELSA Delegation to the World’s Bank Law, Justice and Develop‑ ment Week 2016, the regular global forum conference, which

Among many interesting and “hot” topics, which were pre‑ sented during the panels discussions, I would mainly like to point out the one dealing with a potential of capital markets

(left to right) Lucie Kalousková, Stephanie Rohmann, Henna Karhu and Ifeanyi Emmanuel Ezeife

Featuring Film4Climate Global Video Competition

34 | SYNERGY Magazine

Think Global, Act Local in climate change, more precisely so-called “green bonds” – securities that raise the capital for specific climate or environ‑ mental sustainability purposes, which are now, according to the stated facts in the discussion, experiencing tremendous growth and could reach an annual market value of over 100 billion dollars. This is only one of the examples demonstrat‑ ing how the private sector can be involved in helping climate mitigation and adaptation, facilitating access to clean energy and at the same time creating stronger financial development for competition and employment. Even though it is not the most common and widely known approach to the issue, I find it very perspective and at the same time beneficial for my out‑ look.

Moreover, ELSA Delegations doesn’t just mean listening to discussions and presentations during the long-lasting sessions.

Attending an ELSA Delegation means that you are able to network and debate, and share your opinion during sessions!

Some of the perks being that you can establish beneficial con‑ tacts in a specific field of law or business you are interested in, be given a business card or invited to some reception after‑ wards. In this regard, I hope to have facilitated some potential cooperation for ELSA in a field of Sustainable Development Goals, which are truly close to our current the International Focus Programme topic (environmental law – ed.).

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Another, undoubtedly beneficial aspect of participating in ELSA Delegations is the possibility of travelling and visiting another city. This time, it was the capital of the US, the monu‑

Jim Yong Kim, World Bank Group President, delivers an opening speech

mental and marvellous Washington. As it was my first time in the States, I am sure to keep and hold this memory very dear for the rest of my life not only for its great cultural perspective but also for its professional value. I was really lucky to share these moments with my new lovely ELSA friends.

This experience has enriched my general knowledge and awareness of many crucial and actual topics of the current day. I believe it has been benefic¬ial for my understanding of the climate change and its possible impacts that may be used for upcoming ELSA work related to the IFP, too. Once again, I would like to express my gratitude and my delight to have been given the opportunity to be part of this delegation, which I hope to be repeated in the future by others to come.

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Think Global, Act Local

Pre-moots are now in!

a DIFFERENT LOOK at the EHRMCC

Natalia Sałata Vice President for Marketing ELSA Poland 2016/2017

The laws of nature favour the survival of the fittest one. The rules of the moot court competition help to victory the most witty and intelligent law students who are eager and ambitious to reach their verity.

As the largest independant law students' and young lawyers' association, ELSA provides its members and people of inter‑ est with a great variety of educational and cultural opportu‑ nities, inter alia, ELSA Law Schools, ELSA Delegations, Le‑ gal Research Groups, seminars, conferences and many more.

© Krzysztof Rumpel

36 | SYNERGY Magazine

Marichka Ihnatova Vice President for Seminars & Conferences ELSA Ukraine 2016/2017

However, ELSA's moot court competitions remain one the most popular and favourable event far beyond the ELSA Network.

The Central Eastern European Round was a pre-moot of the European Human Rights Moot Court Competition (EHRMCC). This event prominently envisages one of our aims being the development of professional and student relations of an international nature in the field of Law. Moreover, and even more importanly, it created a space for cooperation and exchange of experience between different National Groups.

Think Global, Act Local Both ELSA Poland and ELSA Ukraine have already cherished the tradition of organising the annual Ukrainian National Round of EHRMCC. However, this year has been an excep‑ tional one as we gladly joined forces to organise the Central Eastern European Round of the EHRMCC with the close fellows from ELSA Romania.

The Round was not an official part of the EHRMCC; it served as an opportunity for the participants to practice their rhetor‑ ical skills and take part in oral pleadings before the potential Final Round in Strasbourg, France. There were 11 teams par‑ ticipating from 10 different European countries, i. e. Austria, Bulgaria, Croatia, Latvia, Lithuania, the Netherlands, Serbia, Slovakia, the United Kingdom and Ukraine.

The Competition was spread out over the course of three days - 2 days of Preliminary Rounds and a day for the Semi-Finals and the Grand Final. During the first two days, each team took part in four pleadings - two as the Applicant and two as the Respondent. It gave them the opportunity to prepare and practice the arguments for both sides of the dispute. In our opinion, it was also the main driving force that encour‑ aged the teams to participate in the Central Eastern European Round. The Preliminary Rounds took place at the Polish Bar Council thanks to the efficient cooperation with the profes‑ sional association. Afterwards, the Grand Final took place at the representative General Assembly Hall of Polish Supreme Administrative Court.

Among the judges were the Polish Government’s Agent sit‑ ting before the European Court of Human Rights, Justyna Chrzanowska, and her deputy Aleksandra Mężykowska, prof.

Agnieszka Grzelak, from Polish Ombudsman office; lawyers, who represented individuals in front of the European Hu‑ man Rights Court and representatives from the university en‑ vironment. The Round was organised under the auspices of the Polish Bar Council, Polish Ombudsman and Voivodeship marshal.

© Krzysztof Rumpel

© Krzysztof Rumpel

The Final Round was held between teams from Ukraine, namely, the teams of Ivan Franko National University of Lviv (also supported by Ukrainian Catholic University) and Na‑ tional University of "Kyiv-Mohyla Academy", where the latter became a Winner of the Central Eastern European Round.

We are very proud to have had a chance to promote the idea of moot courts in our countries. The significant interest shown in our Round displays the high demand of such pre-moots in the future, which should serve as a platform for teams to develop their eloquence and pleading skills simultaneously en‑ couraging other National and Local Groups to organise com‑ petitions alike.

© Alicja Okrucińska

Highlights of the Pre-Moot

SYNERGY Magazine | 37

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Think Global, Act Local

Sofiia Kostomarova, Oleh Dykyi, Mariia Novikova, Andrii Vlaiko Winning Team of the Final Round of the EHRMCC in Strasbourg, France National University of KyivMohyla Academy, Ukraine

Our team had an outstanding experience in Warsaw during the Central Eastern European Round of European Human Rights Moot Court Competition. On the one hand, it was highly educational, as we improved our knowledge of the ECHR case law and discovered many specific aspects of general practice of human rights protection in Europe and, on the other hand, our trip was also extremely entertaining, as we met our colleagues from all over the region, who shared our concerns and passion for mooting, and felt the unique pleasure of pleading, competing and, ultimately, triumphing. It is important to note that by itself competition was not regional, because the teams from all over the Europe did compete. To elaborate, we had rounds with teams from Bulgaria, UK, Lithuania and Slovakia and after in the final with our colleagues from Ukrainian Catholic University (Lviv).

Each and everyone of us is delighted to have participated in an event, which helped us grow and have so much fun. We hope that the holding of the Central Eastern European Round will become a good tradition, and that the future generations of mooters will have the opportunity to have the same emotional and academic experience, as our team had the honor to have.

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Christine Beck Vice President for Moot Court Competitions ELSA International 2016/2017

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I'm extremely proud that the Central Eastern European round of the EHRMCC was taking place.

This shows that together we can achieve great things and we can give to even more people the chance to experience mooting during their studies. Thank you to everyone who made this possible and don't miss out to be part of this journey!

Participation in such a pre-moot gives you a great opportunity to be fully prepared for the oral pleadings in the Final Round taking place in Strasbourg and be able to deliver a good speech while presenting your case. It will definitely increase your chances and improve your skills!

Daiana Avăşan Vice President for Academic Activities ELSA Romania 2016/2017

Think Global, Act Local

Getting to know the experience exchange possibilities closely than ever

REGIONAL COOPERATION as a BOOST in MUTUAL UNDERSTANDING

Christian Krogh Secretary General ELSA Denmark 2016/2017

Michelle Goossens Vice President for Moot Court Competitions ELSA the Netherlands 2016/2017

Nikola Krátká President ELSA Czech Republic 2016/2017

Foreword

BeNeLux Conference

One of the Strategic Goals for the years 2013-2018 is Inter‑ nationality, which means bringing the international aspect of the association closer to the national and local level through regional events as a means of making internationality accessi‑ ble to more ELSA members.

The BeNeLux Conference is a three-day event hosted jointly

by ELSA Belgium, ELSA the Netherlands and ELSA Lux‑ embourg. The outset of the event is to allow ELSA Members from the entire network to learn and experience the cultures and functioning of these three countries in the city where they all merge together, Brussels.

During past few years the tradition of regional meetings has been established, and they have been found as an efficient tool for developing mutual understanding and advancing the association as a whole. Various different events are organised all around the Europe, all having the same objective – contri‑ bution to the fulfilment of the ELSA Vision by sharing knowhow, providing help to each other and sharing the ELSA Spir‑ it, which knows no borders.

At the end of the year 2016 three regional events were organ‑ ised – the Benelux Conference in Brussels, Belgium, Nordic Officers’ Meeting in Copenhagen, Denmark, and Slavic Of‑ ficers’ Meeting in Prague, Czech Republic. We are glad that such events found their place in ELSA and unanimously hope that they will lead to continual progress of our association.

Below you can enjoy reading about all the above-mentioned events.

This year we visited the General Secretariat of the Benelux, which is the centre of cooperation between the three coun‑ tries. During the first part of our visit, the participants learned how the countries work together, which objectives they want to achieve and about the institutions, which are responsible in this regard. Afterwards, a judge from the Benelux Court of Justice gave us a more detailed explanation about the func‑ tioning of the Court.

The following day we firstly attended a lecture on IP Law, with a particular focus on how the Benelux countries have their own IP Law framework and institution and how this com‑ pares to national and wider international IP law systems. In the afternoon we had a Negotiation Skills training by JeanMarc Lauwers, during which the participants were encouraged to actively contribute. The training covered many facets of SYNERGY Magazine | 39

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negotiation skills, and how this is relevant in our workings within ELSA, but also in our daily lives.

The social programme included a visit to the famous Brussels Christmas Market, where the participants could get a taste of the local drinks and enjoy the festive atmosphere of the up‑ coming holidays. We also attended the annual ELSA Interna‑ tional’s Christmas Cocktail at the ELSA House to celebrate the success of the first half of the 2016/2017 ELSA year together with the International Board and many other ELSA officers from across the entire network.

On behalf of the BeNeLux boards, we would like to thank all the participants who attended the conference for making it an amazing experience, and we hope to see all of you again in the future!

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“

during past few years the tradition of regional meetings has been established, and they have been found as an efficient tool for developing mutual understanding and advancing the association as a whole. various different events are organised all around the europe, all having the same objective – contribution to the fulfilment of the elsa vision by sharing know-how, providing help to each other and sharing the elsa spirit, which knows no borders.

Think Global, Act Local While the ICM’s have made it so that the countries cannot bring as many people as we would like to, the regional meet‑ ings in ELSA have been yet another platform for us to engage, learn, and cooperate with each other – in a different way. Cul‑ tural similarities make it easier to attack problems with a com‑ mon understanding. The geographical short distance makes it easier to develop new initiatives between the countries, with the small barrier. This year’s edition stretched over four days with a programme primarily focused on the social aspect and getting to know each other.

Nordic Officers’ Meeting (NOM)

The ground stone for regional meetings has been made. Later, the creation of the Benelux Conference and Slavic Officers Meetings have proven, that this was indeed a good idea, and with the potential it has, it is making our jobs easier, and the possibilities for our members greater, as our initiatives are more cross-border orientated than ever before.

Starting off as a small gathering of Nordic ELSA Presidents from Finland, Norway, Sweden and Denmark, the Nordic Officers’ Meeting was officially opened for the first time in Uppsala, Sweden, in 2014. Officers from all work-areas of the Nordic part of ELSA were invited along for the annual event – a gathering, which aims to set focus on mutual problems and possibilities, and potential new ways of working together.

The year after we again had the joy of Nordic spirit, when ELSA Norway invited us to Bergen.

This year, ELSA Denmark was truly privileged to organise the third NOM, however this time in a different manner. During the whole event we could count a total number of 128 par‑ ticipants during the prolonged weekend from Thursday to Sunday. The spirit during the weekend was truly inspiring and the amount of excited and hard-working officers from all the Nordic countries was truly remarkable.

Next year, the next in line for hosting the Nordic Officers Meeting is ELSA Finland. With a great memory of the previ‑ ous three meetings, we look forward to travel to Finland and keep up with this tradition.

“

the ground stone for regional meetings has been made. later, the creation of the benelux conference and slavic officers meetings have proven, that this was indeed a good idea, and with the potential it has, it is making our jobs easier, and the possibilities for our members greater, as our initiatives are more cross-border orientated than ever before.

SYNERGY Magazine | 41

Think Global, Act Local Slavic Officers’ Meeting (SOM) After the I Central and European Slavic Officers’ meeting had been held in Bratislava, a new tradition of Slavic Officers’ Meetings was established when members of 5 ELSA groups: Slovak Republic, Serbia, Czech Republic, Poland and Slovenia agreed upon organisation of the next meeting in Prague. Nev‑ ertheless, the name was changed to the current form instead of the original name.

The Slavic countries represent 12 out of 43 ELSA countries, however experience and know-how are very different in each country. Therefore, SOM is a great opportunity to benefit from the extent of our association, but in smaller group of people than during the International Council Meetings, which allows us to focus on topics and issues specific for our region.

the first evening, we enjoyed the traditional gala, but the sec‑ ond one was somewhat more special. The Slavic Night was a night, during which each country had a stand, where they could showcase and distribute their national sweets and drinks to visitors and enjoy mulled wine in a nice Christmas atmo‑ sphere. Throughout the night all the present National Groups sung their traditional carols and the outcome from the work‑ ing group of the ELSA Slavic Spirit was presented.

We are already looking forward for the III SOM, which is go‑ ing to be organised by ELSA Poland and, as we decided this year, even if the main basis is to work on the regional level, the event is open to everyone, so come and enjoy the famous ELSA Slavic Spirit with us!

For II SOM applied 120 people from 12 countries, the num‑ ber was more than double in comparison with the first year, and, therefore, the original capacity of 60 participants had to be increased. Due to the enormous number of participants it was not possible to proceed as during the I CESOM, where all participants attended one joint workshop, therefore we decid‑ ed to arrange two programme lines, when Programme 1 was recommended for Key Areas and Programme 2 for Presidents and Supporting Areas.

As most other ELSA events, the participants were able to en‑ joy a rich academic and social programme as well as a lovely sightseeing. Workshops were led by two former members of the International Board and other highly experienced offi‑ cers; we were able to learn more about project management, financial planning, international cooperation and so on. On

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Unbelievable combination of winter & Greece, the IFP & ELSA Law School

WINTER ELSA KOMOTINI LAW SCHOOL on ENVIRONMENTAL and ENERGY LAW

Mastoridou Christina Head Organiser, Vice President for Seminars and Conferences, ELSA Komotini 2016/2017

In order for humanity to survive, we need a safe environment.

In order for the environment to be safe, we need to manage the energy resources wisely. In order to achieve both, we need law. In December 2016, the participants of the 2nd Winter ELSA Law School of ELSA Komotini had the chance to em‑ brace our Moto and discuss the environmental and energy issues that mankind faces. As two of the hottest topics and law fields that are being discussed all over the world, ELSA Komotini seized the opportunity to organise an international event, while including it in the current subject of the Interna‑ tional Focus Program (IFP).

ELSA Komotini is one of the three local groups of ELSA Greece. Between the 3rd-10th of December 2016 it success‑ fully organised, the 2nd edition of the Winter ELSA Law School on Environmental and Energy Law (WELS), in the town of Komotini, which is located in the north-eastern part of the country. The WELS was an intensive legal course of seven days, which hosted 42 participants, while having the honour to host as lecturers, professors from Greek and Euro‑ pean well-known universities. The academic programme com‑ bined nicely with an enjoyable social and cultural programme, introducing participants to the Greek traditional culture and hospitality.

The participants who took part in the winter course were mostly students, post-graduates and trainee lawyers from Greece and Europe. In particular, they came from Turkey, It‑ aly, Spain, Czech Republic, United Kingdom, Sweden as well as one student, who came from Colombia. They were really

interested in the topics of the courses, while many of them are aiming to focus later on, in their legal activity in these specific fields. Moreover, there were also students who came across these subjects for the first time, having the opportunity to learn about the legal issues that have emerged and gaining useful experience and a different perspective in these two law fields.

As for the academic programme of the law school, it included introductory courses in the beginning of the conference and consequently, elaboration on the different aspects of the top‑ ics, presenting a spherical overview of the topic. Specifically, ELSA Komotini was very delighted to host lawyers, profes‑ sors and experts, giving their lectures. Namely, Ms. Charikleia Aroni, Adjunct Lecturer and Tutor in International Law, in the Department of Law, in Democritus University of Thrace, gave an enlightening lecture on "General Principals of En‑ vironmental and Energy Law", as well as Ms. Emmanouella Doussis, Associate Professor in National and Kapodistri‑ an University of Athens, who gave her lecture on "Interna‑ tional environmental cooperation to global environmental governance: a post-Paris overview". Furthermore, combin‑ ing Environmental law with fundamental human rights, Mr. Stylianos-Ioannis G. Koutnatzis, Lecturer in Public Law in Democritus University of Thrace, Law School, LL.M. (Har‑ vard) and Ph.D. in Law (Freie Universitaet Berlin) gave a great speech on "Environmental Protection as a Fundamental Right: National and European Perspectives".

Focusing on the Energy sector also, Dr Efthymios Pa‑ SYNERGY Magazine | 43

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pastavridis, Part-Time Lecturer in Democritus University of Thrace; Postdoctoral Research Fellow and Guest Lecturer in University of Oxford and Dr. Anastasios Gourgourinis, Ph.D. (UCL), LL.M. (UCL), LL.M. (Athens), Lecturer in In‑ ternational Law in National and Kapodistrian University of Athens in the Faculty of Law analyzed "The Settlement of Offshore Energy Disputes: Recent international Case-Law" and "The Settlement of Energy-Related Disputes in Interna‑ tional Investment Arbitration" , respectively. Dr. Dimitrios Vougioukas Special Collaborator Department of Internation‑ al Studies in the Faculty of Law in Democritus University of Thrace with his lecture on "The application of the EU Com‑ petition Law in the Energy and Environment Sectors", pre‑ sented a different dimension of the energy and environmental field, concerning competition law. Therefore, it is worth men‑ tioning that it was a great honour to host two distinguished professors from Queen Mary University of London, Ms. Mal‑ gosia Fitzmaurice, Professor of Public International Law, giv‑ ing a very interesting lecture on "Environmental Crime" and Mr.Tedd Moya Mose, presenting two extraordinary interactive lecture on "Energy Ethics" and on "Climate Change and Re‑ newable Energy Resources". Concluding, it's a great pleasure that a good cooperation has been created among the lecturers, the participants and the Organising Committee, which sets a positive ground for the following edition of the WELS.

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Apart from the academic part of the WELS, the law school included a cultural programme visiting Xanthi, a small tradi‑ tional town near to Komotini and a fully prepared social pro‑ gramme, introducing participants to the well-known nightlife of the town and the Greek culture. It is also remarkable that a great bond has been created among participants and the Organising Committee, proving that the vision of ELSA and the ELSA Spirit does exist, offering cultural diversity and a different perspective to peoples' lives. The great atmosphere was reflected in the evaluation forms, in which the feedback and the participants' remarks will be taken into account for the following international events.

Consequently, this edition of the Winter Law School was an extraordinary experience for both participants and the Organ‑ ising Committee, which consisted of a small group of stu‑ dents who worked hard and managed to achieve the best law school possible. This event was also a great achievement of ELSA Komotini, as its first international event, which brought people from all over Europe in the small town of Komotini to cooperate and broaden their legal knowledge in the short pe‑ riod of one week. This year ELSA Komotini looks forward to organising the 3rd edition of the Winter Law School, extend‑ ing its range and gathering many more students and lecturers, meeting the world of ELSA and its great opportunities.

SUMMER

Think Global, Act Local

ELSA LAW SCHOOLS lawschools.elsa.org

AUSTRIA, VIENNA Dispute Resolution AZERBAIJAN, BAKU Business Law BELGIUM, ANTWERPEN Intellectual Property and Competition BOSNIA AND HERZEGOVINA, SARAJEVO Freedom of Religion in Europe CROATIA, RIJEKA Diplomacy & Law CROATIA, ZADAR Human Rights and Globalization

POLAND, KRAKÓW International Tax Law POLAND, ŁÓDŹ Film Law POLAND, POZNAŃ Intellectual Property Law POLAND, WROCŁAW WROCŁ International Trade Regulations POLAND, SŁUBICE - GERMANY, FRANKFURT ODER European Union Law PORTUGAL, COIMBRA Human Rights Law

CYPRUS, NICOSIA Competition Law

PORTUGAL, LISBON Air Law

CZECH REPUBLIC, BRNO IT Law

PORTUGAL, PORTO Law & Business

DENMARK, COPENHAGEN Maritime Law

ROMANIA, POIANA BRAȘOV Banking and Finance Law

GEORGIA, TBILISI Intellectual Property Law

ROMANIA, POIANA BRAȘOV Dispute Resolution

COUNTRIES 24

GERMANY, DRESDEN GERMAN Intellectual Property - a(n) (un)justified monopoly GERMANY, MANNHEIM - FRANKFURT - HEIDELBERG Banking and Finance GERMANY, MUNICH Human Rights Law GREECE, ATHENS Maritime Law: Safety & Security GREECE, ATHENS International Investment Law GREECE, THESSALONIKI Medical Law & Bioethics - The end of life IRELAND, DUBLIN Corporate and Finance Law ITALY, SALERNO International and European Environmental Law

41 CITY

RUSSIA, ST. S PETERSBURG Intellectual Property Law SLOVAK REPUBLIC, BRATISLAVA - AUSTRIA, VIENNA EU Business Law SLOVENIA, LJUBLJANA Business Law Challenges SWITZERLAND, GENEVA Arbitration TURKEY, ANKARA International Law and Arbitration TURKEY, ISTANBUL Mergers and Acquisitions UKRAINE, KHARKIV Law and Biomedicine UKRAINE, LVIV Drugs Policy

ITALY, TRIESTE Media Law

UKRAINE, ODESA Maritime Law

MALTA, MSIDA Maritime Law

UNITED KINGDOM, CANTERBURY Migration Law

Application deadline 23 April 2017

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Towards a Green Economy

RENEWABLE ENERGY IMPACT MANAGEMENT: PAYMENT for ECOSYSTEM SERVICES? Laura Capozzi Intern at the legal office of the Ministry of the Environment

Introduction When we talk about renewable energies, we are firstly led to consider their positive effects on climate change. However, like all the other energy sources, they have own certain negative impacts on the environment. Production of biofuels, for example, can have certain negative effects on ecosystems and biodiversity, while hydropower may lead to soil-erosion, deforestation etc. So, how do we manage the transition to renewable energy whilst minimizing the total cost of energy services plus the cost of damages caused by its utilization?

Policy The EU’s climate-change policy, in that sense, underlines: “the environmental objectives such as biodiversity conservation and the protection of soil and water should be fully taken into account in decisions relating to renewable energy”.1 Simultaneously, the international strategy, supported by numerous studies,2 introduces the concept of green economy, defined by UNEP as one that results in “improved human wellbeing and social equity, while significantly reducing environmental risks and ecological scarcities” 3 and that of green growth.4

With regard to the problem of negative environmental impact, law plays a role through the identification of legal instruments aiming to achieve a sustainable use of natural resources. In this context and at an economic-policy level, the transition to a green economy involves the introduction of new marketbased mechanisms that recognize the value of the ecosystem services (e.g. food, water, energy), integrating them in the land management and planning.5 The New Umbrella From this perspective, the EU biodiversity strategy6 promotes the Payment for Ecosystem Services (PES), a mechanism to protect natural resources, suggesting its application for the management of renewable energies. In fact, among ecosystem services, renewable energies fall within the category of “provisioning services”7 and are, inevitably, connected with other natural services (water, soil, etc.).

Following a classical definition8, a PES scheme involves a voluntary transaction where a well-defined ecosystem service (for example, hydropower), being ‘bought’ by at least one COM (2011)0571, Roadmap to a Resource Efficient Europe.

COM (2011)244, Our life insurance, our natural capital: an EU biodiversity strategy to 2020.

7 See in particular, Millennium Ecosystem Assessment, 2005, which grouped ecosystem services into four categories: provisioning, such as the food and water production; regulating, such as the control of climate; supporting, such as nutrient cycles; and cultural, such as recreational benefits.

8 WUNDER S. (2005), Payments for environmental services: Some nuts and bolts. CIFOR, 42.

5

Decision 1386/2013, On a General Union Environment Action Programme to 2020, ‘Living well, within the limits of our planet’.

2 See in particular The Economics of Ecosystems and Biodiversity (TEEB) project.

3 UNEP (2011), Towards a Green economy: Pathways to Sustainable Development and Poverty Eradication 4 OECD (2011), Towards Green Growth.

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6

Think Global, Act Local ES buyer (the beneficiaries: individuals, communities and businesses or governments) from at least one ES provider (such as landowners) if, and only if, the ES provider secures ES provision. This last feature ensures the implementation, over time, of management practices with which the contracting parties agree.

Type of schemes Different types of schemes will be developed: - Public payment schemes through which a government pays land managers to enhance ecosystem services; - Private payment schemes in which beneficiaries of ecosystem services contract directly with service providers in a private way; - Public-private payment schemes based on both government and private funds to pay land managers for the delivery of ecosystem services.

Why does this System Work?

In general, natural resources fall under the category of Commons, namely the kind of goods that are held in common, not owned privately, so they are susceptible to be overexploited by the society to satisfy its own needs.9 Since the ecosystem depletion has an increasingly high cost, non-market environmental values, via PES, receive an economic valuation and are brought into the marketplace. In _____________

that way, they become real financial incentives for the local actors, to provide the ecosystem service.10 A Concrete Case To promote forest ecosystem conservation and combat land degradation, in Costa Rica through the Fondo Nacional de Financiamiento Forestal (FONAFIFO), a successful PES scheme is developed to secure the regularity of water flow for hydropower generation (service provided) with significant cost savings. It consists in an agreement between private upstream owners of forest land (suppliers) and the private hydroelectric utilities, the Government of Costa Rica and a local NGO (buyer) to adopt land uses and forest management techniques that do not have any negative impacts on the environment.

Payments are made by the utility company, via a local NGO, to landowners and are supplemented by government funds.

Comments It is important that the Member States develop a legal framework to regulate and make this system possible to stimulate privatepublic/public-public/private-private partnerships, promoting community-based resource management, conservation and restoration of the environment.

As we have seen in the Costa Rica case, this system would be, certainly, well applicable to most of the renewable energies in order to secure their service in the long-term and to preserve the other ecosystem services which would otherwise be compromised by their use.

HARDIN G. (1968). The Tragedy of the Commons. Nature, 162.

PAGIOLA S.(2005), Can Payments for Environmental Services Help Reduce Poverty? WorldDevelopment, 33.

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A life-changing experience

ELSA DELEGATION to INTA’s DIGITAL WORLD CONFERENCE

Kylyna Zabrodska Vice President for Seminars & Conferences ELSA Lviv 2016/2017

Thanks to the unique partnership between ELSA and the In‑ ternational Trademark Association (INTA) we had the great opportunity to participate in INTA’s Conference 2016. It was held at the Hotel Plaza, Brussels on the 1st and 2nd of De‑ cember 2016 with the topic: Digital World Conference - Nav‑ igating the Digital Yellow Brick Road!

INTA is global association of trademark owners and profes‑ sionals dedicated to supporting trademarks and related intel‑ lectual property in order to protect consumers and to promote fair and effective commerce. It’s main headquarters are in New York City, whilst also having offices in Brussels, Shang‑ hai, Singapore and Washington D.C. I would say that I believe that one of the association’s aims is to promote the impor‑ tance of trademarks, because they play a key and essential role in global economic growth, meanwhile enabling consumers to make quick, confident and safe purchasing decisions.

INTA offers a special membership programme for students who are interested in IP law. One can benefit from its global element - tremendous networking opportunities with profes‑ sionals in more than 190 countries, career development pro‑ grammes, CV/Resume writing guidance or how to prepare and sit for interviews. Members also have access to INTA’s online resources, helpful research materials, which may be used for ones studies and research. There are a many oppor‑ tunities to get actively involved in the INTA activities. I would like to highlight the fact that, the members of Committees are young practitioners, who by their research increase the effi‑ ciency of the work of the entire global network. Some of the Committees are: the Anticounterfeiting Committee, Brands and Innovation Committee and Enforcement Committee.

48 | SYNERGY Magazine

Jan Dohnal INTA Student Ambassador New York

The two-day conference was interesting and inspiring for several reasons. We were able to personally meet and interact with the speakers. We discussed hot topics like the new Pri‑ vacy Shield agreement between the United States and the EU, effective IP enforcement in the Digital World and Europe’s endeavour to create a Digital Single Market. Participants were amazed by the presentation concerning the Internet of Things, which means for example online communication with your house and data collecting by your fridge. Data Protec‑ tion, Data Privacy and Duty of Care were also covered very well. We heard a practical case from a US in-house counsel about insufficient technical security and private data theft of the law firm’s clients. We also had the chance to debate on how to solve similar problems in the best possible way. We live in a time where digital world issues are not adequately reg‑ ulated by the law. Therefore, there exists this huge possibility for young lawyers to be innovative, think outside the box and improve the world with new ideas.

“

we, as delegates have obtained far more than we could have imagined, apart from the priceless cultural and intellectually inspiring knowledge we have gained, we did not miss the chance to explore the city [of brussels].

Think Global, Act Local European and International establishments and organisations, and there’s nothing to say about European Parliament, except for that it is the city of dynamic change. That is why, after the hours of the Conference, we plunged ourselves into the atmo‑ sphere of the city. There is not much that could ever prevent ELSA people from having fun, so we did try our best. Accom‑ panied by some members of International Board we explored the city, trying out everything of what Brussels boasts about.

Even though the delegation lasted only two days we managed to embrace the spirit of the restless city: from the busy work‑ ing lifestyle to the most Belgian-style parties.

The first evening of the conference was concluded with a par‑ ty to celebrate the 10th anniversary of the European INTA office in Brussels.

For one of us, namely Kylyna, the whole event was a com‑ pletely new experience: the first ELSA Delegation ever and the first visit to a conference of an International level, a real whirlpool of emotions and knowledge. The possibility of

Owned to ELSA and INTA we did take a great advantage of the intense Digital World Conference, achieving both intellec‑ tual and spiritual development, inspiration for the upcoming year and a whole bouquet of memories.

Are YOU a Student Interested in IP/Trademark Law? Join the INTA Annual Meeting in Barcelona!

meeting new people, whose interviews appear regularly when scrolling through the Web was the most impressive part of all. Even more pleasurable was the way the other participants treated us – the feeling of being an equal to practicing lawyers and experts was extremely motivating and encouraging, at the same time allowing us to properly comprehend how much more we have yet to learn and gain knowledge of.

We, as delegates have obtained far more than we could have imagined, apart from the priceless cultural and intellectual‑ ly inspiring knowledge we have gained, we did not miss the chance to explore the city. Brussels is the hometown of many

This year, the International Trademark Association (INTA) brings its 139th Annual Meeting back to Europe! From May 20 to 24, over 10,000 participants will be rallying in the fascinating and cosmopolitan city of Barcelona, Spain, to participate in the comprehensive five-day programme intended to help trademark professionals achieve their business, educational, and network‑ ing goals.

For detailed information, go here: www.inta.org/2017AM

SYNERGY Magazine | 49

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Study visit of ELSA Dresden to ELSA Nova Gorica & ELSA Ljubljana

sLOVEnia welcomes ELSA Dresden

Blaž Božnar ELSA Ljubljana Judical Trainee at Higher Court in Ljubljana

After being so warmly welcomed by our friends in Dresden, team ELSA Nova Gorica & ELSA Ljubljana (both local groups of ELSA Slovenia) had quite a challenge to organize an incoming Study visit on a similar level. But as we are Slovenians, we had in mind, that if we try hard, we may appear lovely, which could help us to manage it somehow.

Friends from ELSA Dresden were in Slovenia from May 18th to 22th. We welcomed them in Slovenian capital Ljubljana, the central point of our Study visit, where the entire academic part took place. To give our guest a glimpse of variety of Slovenia, we visited other regions and places as well.

The office of the President of the Republic of Slovenia (being the nominal chief of the Executive branch in Slovenia with mostly representative competencies) is situated in the Presidential palace in Ljubljana, where we paid our first visit to officially begin the Study Visit. We were very lucky, that Mr. Borut Pahor likes to keep the Presidential palace open for various social events. On that very day he had a special events planned, namely the visit of 200 children from a primary school as well as a group of 100 elders. Our ELSA group was also invited to join, so we had a unique opportunity to meet with Mr. Pahor.

Later on, we had a short tour of Ljubljana: Parliament building, Cankarjev dom (central cultural building in Slovenia, named after Ivan Cankar, prominent Slovenian writer), Prešeren square. Lastly, we visited the main square of

50 | SYNERGY Magazine

Ljubljana. It’s quite unique, because unlike many other capital cities there aren't any monuments commemorating soldiers or war heroes; however, Slovenia has a monument of one of its most prominent poets in the middle of the capital, France Prešeren, who is also the author of the Slovenian national anthem, Zdravljica (‘A Toast’). Our next stop was Kongresni trg (the Square of Congress) named after the congress of the Holy Alliance, which was in Ljubljana in 1821), followed by a visit to Križanke, the famous open air theatre (named after the Knights of the Cross) and a boat cruise along the Ljubljanica river.

The visit to the Court Palace in Ljubljana, which is the headquarters of the District Court, Higher Court in Ljubljana as well as the Supreme Court of Slovenia, was our mean to experience the heart of judicial branch of Slovenia. Upon our arrival the Manager of the District Court welcomed us.

Then, we proceeded to Central Judicial Library, where we had an opportunity to see old legal books (the oldest being more than 500 years old Criminal Code)! This was followed by a swift presentation of judicial system in Slovenia in the most beautiful court hall of the Court Palace. At alma mater of ELSA Nova Gorica, the University of Nova Gorica, we subsequently attended a lecture of Dr. Ana Polak Petrič, High Representative of the Republic of Slovenia for Succession, who introduced us to the topic of “Work of the International Law Commission”.

After visiting and witnessing so many places, a refreshing

Think Global, Act Local coffee at Nebotičnik (Skyscraper), which is built in art deco style, came well. The name of the building isn’t a pure coincidence, it was built in the year 1933 and was at that time the tallest building in Central Europe! It offers a magnificent view of the city of Ljubljana, the Ljubljana Castle (which we also visited), the mountains, broad forests and other natural beauties of Slovenia as well. On a sunny day, one can even see Triglav, the highest mountain in Slovenia (2864 m), which stands as the Slovenian national symbol that is also included in the Slovenian coat-of-arms.

Furthermore, we started our guided tour to the Državni zbor (National Assembly) being first chamber of the Slovenian parliament, with Državni svet (National Council) – as second, which os the highest authority of the legislative branch of Slovenia, and ended with a short visit to the plenary in session. We were also welcomed by an MP and after that had the chance to see the office of MP’s group. In order to see another important institution of the judicial branch, we visited Ustavno sodišče (Constitutional Court of Slovenia), where we had an insightful lecture on the role of the court in the Slovenian legal system as well as on its most important judgements delivered.

followed by an ice cream chilling at Tartini square, center of Piran, named after the famous composer violinist Giuseppe Tartini, the local of Piran. To gain a better view of the town, we ascended up the hill to the Piran’s Cathedral of St. George, which offers a beautiful scenery of the seaside.

The final entertainment that awaited us was a wine tasting at the local winery near Koper. The owner showed us where the wine is made and how it’s produced, and then we had an opportunity to taste the results of this production accompanied by delicious local food (bread, cheese, olives, fruits etc.). Tired, we arrived in Ljubljana late in the evening.

On Sunday, it was a time to say goodbye to our dear friends from ELSA Dresden. As we experienced quite a lot together this year, we still keep in touch and some of us even had an opportunity for a happy reunion.

Last but not the least, we would like to say, that sLOVEnia awaits for you as well!

To be able to see some of Slovenia’s famous tourist attractions, we then headed to Gorenjska (Upper-Carniola) region. Our first stop was Škofja Loka, a town with the best preserved medieval town core in Slovenia, firstly mentioned in the year 973, where we enjoyed another guided tour.

Our next stop was Bled, one of the most prominent attractions in Slovenia, mostly because of glacial lake, which has a beautiful island with an old church. A visit to the Bled’s castle offers a magnificent view on the lake and island. As proper tourists, we then indulged in a famous kremšnita (‘’cream cake’’, typical dish for Bled) at a restaurant by the lake.

Waking up early in the morning was sometimes challenging, but having a programme in mind planned well ahead of us made it a bit easier. Namely, visit to our coastal region (Primorska, Littoral) was planned as well. We headed to the Škocjanske jame (Škocjan caves), a magnificent natural beauty included in the UNESCO World Heritage List and should be also included in one’s bucket list, when visiting Slovenia.

Soon after, we saw the sea for the first time on our Study visit! Later on, we stopped in Koper, the capital of our coastal region. A beautiful sunny weather helped us to enjoy this day to its fullest. As Slovenia has quite some beautiful coastal towns, we headed to the most beautiful one, Piran, one of the oldest towns in Slovenia. A relaxing stroll to the town centre, interrupted by a short stop to wet our legs in the sea, was

Participant of the Study Visit at the Lake Bled

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