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Magazine of The European Law Students’ Association

No.44 ¡ II-2008

SYNERGY

magazine

Planning in the network

Student Trainee Exchange Programme

ELSA Moot Court Competition

New 5 year strategic plan

The joy of STEPping around Europe

Experiences from the competition

5-year strategic plan 2008 - 2013

"Charting the course for ELSA"


About ELSA The European Law Students’ Association, ELSA, is an international, independent, non-political and non-profit-making organisation comprised and run by and for law students and young lawyers. Founded in 1981 by law students from Austria, Hungary, Poland and West Germany, ELSA is today the world’s largest independent law students’ association. Our Philosophy

Vision A just world in which there is respect for human dignity and cultural diversity. Purpose To contribute to legal education, to foster mutual understanding and to promote social responsibility of law students and young lawyers. Means To provide opportunities for law students and young lawyers to learn about other cultures and legal systems in a spirit of critical dialogue and scientific co-operation. To assist law students and young lawyers to be internationally minded and professionally skilled. To encourage law students and young lawyers to act for the good of society. Our Network

ELSA is a unique and growing Network of 30 000 law students and young lawyers from more than 220 universities in 35 countries across Europe. ELSA currently has members and observers in: Albania, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Kazakhstan, Latvia, Lithuania, Malta, Montenegro, The Netherlands, Norway, Poland, Portugal, Republic of Macedonia, Romania, Russian Federation, Serbia, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Turkey and Ukraine. Furthermore, ELSA co-operates with other student organisations across the world, for instance ILSA in North America, COLADIC in South America, ALSA in Japan, ALSA in Australia, ALSA in South Africa and AEJCI in Ivory Coast. ELSA’s Members

ELSA’s members are internationally minded individuals who have experiences with foreign legal systems and practices. Through our activities such as Seminars & Conferences, Academic Activities and the Student Trainee Exchange Programme our members acquire a broader cultural understanding and legal expertise.

Synergy

ELSA International in Brussels, Belgium produces Synergy. The articles are contributions from students, young and experienced lawyers as well as academics. The articles are edited at the discretion of the Editors. Please do not hesitate to visit Synergy Online www.elsa.org/publications/synergy.asp Contributions

Synergy is published twice a year for ELSA’s members in 35 countries in Europe. Would you like to contribute with articles or pictures for the Magazine? Please contact ELSA International for further information and guidelines. Advertising

Would you like to advertise your courses, services, company or products, please do not hesitate to contact ELSA International in Brussels. Rates are available upon request from: advertisements@elsa.org Editor

Torkil Norstrøm ELSA International

239, Boulevard Général Jacques B-1050 Brussels Belgium Phone: +32 2 646 26 26 Fax: + 32 2 646 29 23 E-mail: elsa@elsa.org Website: www.elsa.org

ELSA International’s Corporate Partner

Our Special Status

ELSA has through its activities and commitment within the international community gained a special status with several international institutions. In 2000, ELSA was granted Participatory Status with the Council of Europe. Furthermore, ELSA has Consultative Status with several United Nations bodies; in 1997 ELSA obtained Special Consultative Status with UN ECOSOC, UNCITRAL, in 1994 ELSA was granted Consultative Status in Category C in UNESCO. ELSA also has recently obtained Observatory Status with WIPO. In addition, ELSA has a co-operation agreement with UNHCR and co-operates with ICRC and all the European Institutions.



synergy magazine

ELSA International’s Auditing Partner

ELSA International’s Human Rights Partner




Editor’s letter

Contents

Dear Readers, Torkil Norstrøm, VP Marketing, ELSA International

compiling Synergy No. 44 has been a joyful ride. It has been an unique experience to see the evolvement of a magazine from an idea to a final product.

Synergy is ELSA’s members’ magazine and in this capacity it is representative of the activities throughout the ELSA network as well as topics towards which the network has a clear commitment. It is of great satisfaction to see how ELSA through its key area programmes contributes towards legal development in Europe while supporting legal education and non-formal Education. This edition focuses on events and achievements in accordance with out new strategic plan.

The focus on the Student Trainee Exchange Programme, Study Visits and International Events will reflect in the events in the upcoming time, and as such also in the Synergys to come. I am also pleased that the cooperation with Council of Europe in Synergy is continued, and we have quality articles from them included in our magasine.

Baltic Trainings 2008 Human Rights and Globalization

I wish you all a pleasant readership and look forward to your contributions for the next edition.

Torkil Norstrøm

Pleading by Slovak students Slovak Moot Court

Law School in Istanbul Merger & Aquisitions



Editor's Word

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The International Board 2008/2009

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5-year Strategic Plan 2008 - 2013

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International Trainers Pool

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Intercultural dialogue and human rights

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The battle against racism

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ELSA Poland Human rights programme

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Human Rights and Globalization - Baltic Trainings 2008

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The European Committee of Social Rights’ 40th anniversary

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STEP in Montenegro as cherry on the cream..!”

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Events Calendar

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“The scope and the challenges of the right to use regional or minority languages”

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10 clever reasons why you should Aim High and Take a STEP with ELSA

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ELSA friends for life! - STEP in Slovakia

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Opening the doors for a trainee from another country!

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Slovak Moot Court 2008

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International Academic Activities Meeting!

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Facing the global challenge! ELSA Moot Court Competition

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ELSA Moot Court Competition from a coach point of view

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Information regarding the upcoming edition of EMCC

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Merger & Aquisitions in Istanbul - Law School

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Study Trip on Intellectual Property!

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Domain Law and Intellectual Property

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IFP Conference - The ELSA Business Law Conference

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Career possibilities within IP Law - Job Machine with a Future

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International Board 08/09

International Board 08/09

The International Board 2008/2009

New year, new board! A presentation of the new International Board of ELSA and their plans for the upcoming year

In charge for the timelines and regulations, aka Secretary General, you will find a blond Finn by the name of Antti Husa. He will be responsible for the overall communication trough all levels of ELSA while promoting and dispatching our international trainers in order to support the network. Our Belgian economical expert on Financial Management is Jean-Marc Lauwers. He has the overall responsibility of financing the activities of ELSA as a whole, and make a good financial basis for future generation of active students taking part in ELSA. Torkil Norstrøm from Norway is the creative mind of the board in charge of branding ELSA, edit Synergy as well as make the marketing of the network stronger in regards to promotion of activities.

ELSA-The European Law Students Association is an organization full of amazing and unique young people who are steaming towards the same goals and overcoming the difficulties, originating from differences in legal systems and cultures of member countries.

The Vice President for Seminars and Conferences is Kamil Szymanski who is graduated from the University of Gdansk, Poland. He will devote his efforts towards the legal education trough the International Focus Programme on Intellectual property law as well as study visits.

On the 31st of July each year another story in the “ELSA Headquarters” closes. However on the 1st of August each year another one begins. And so it happened this year. After one year full of professionalism and highly dedicated work done by the International Board 2007/08, after productive and highly intensive transition given to their successors elected during International Council Meeting in Lisbon, the time came to pass the floor to the new team.

For the next steps in the practical legal experience there is a Serbian beauty by the name of Ivana Buric who holds the position of Vice President Student Trainee Exchange Programme. She will have the overall responsibility of the exchange process within the network and increasing the level of activity within the area. The President is Anna Ziemnicka from Poland, who will devote her efforts in improving the external relations, strengthening the network and to be like a coach for the other board members.

For the next 12 months, the group of seven highly motivated people will do their best to fulfil the goals of the Association in accordance to the new strategic directions created during the last year by the Network. Therefore the path for this year will be towards Legal Education, Student Trainee Exchange Programme and Study Visits. Holding the position of Vice President Academic Activities is Morten Rydningen who studies law at the University of Oslo, Norway. He has always been active on this key area where the events are mainly adapted to the legal education.



ELSA International 08/09 From left to right: Antti Husa, Morten Rydningen, Jean-Marc Lauwers, Anna Ziemnicka, Ivana Buric, Kamil Szymanski, Torkil Norstrøm

The clear goal of the International Board this year is to strengthen the connection within the network, Starting with the members on the local level, to those in board position and onwards through

"The clear goal of the International Board this year is to strengthen the connection within the network" the national officers, before reaching the international level. We want to build a strong and solid network which is internationally minded and in accordance to the strategic goals of 2013 which were set in Lisbon in April this year. We want to raise the level of international events in which all our members can benefit from, both academically and socially, by meeting new friends with different legal backgrounds. Another clear goal is to follow up on the international and institutional study visits as they are perfect tools for achievement of the previous mentioned strengthening of the network. The benefits of taking part in activities beside your studies are sky-high and should be used for your personal advantages and by doing so you will allow others to develop themselves as well.

„A just world in which there is respect for human dignity and cultural diversity” – The vision is heavenly clear and has been interpreted for many years by eager and devoted members of ELSA. The House in Brussels has been standing for over a decade now, and is probably one of the most known places in Brussels for many current and former law students. The International Board is always happy to receive members, alumni, friends and visitors to the house in order for you all to meet the international level and the representatives you have elected to guide this association for a year. It is a great honour to be in the International Board, and we will do our best to make a difference for the network.

You are always welcome to the ELSA House in Brussels

Together we can take the steps necessary for the Student Trainee Exchange Programme to have a positive development with more traineeships available, as well as students taking part in the programme.

synergy magazine




Strategic Planning

Strategic Planning

5-year strategic plan 2008 - 2013

A dream you dream alone is only a dream. A dream you dream together is reality - John Lennon On the way to improve the consolidation of the network.

Anna Ziemnicka, President ELSA International

ELSA is the biggest non-political, independ-

Due to this fact we were drawing from cultural diversity and im-

ent, non-profit-making law students' asso-

proving the mutual understanding. However, the need of creat-

ciation in the world, numbering over 30 000

ing common directions for using our means was growing among

members. The aims of which are to promote, establish and de-

the years and was the reason for creation of several tactical plans

velop mutual understanding, co-operation and personal contact

over the years. Unfortunately they were no longer fulfilling all the

between law students and young lawyers from different states and

needs of the members as they were created by the International

legal systems, thereby equipping them for professional life in an

Boards in a top down approach.

international environment. With respect to the realization of the above mentioned aims, ELSA is guided by our vision:

The first fundamental step on the way to create the strategy for

A just world in which there is respect for human dignity and cultural diversity.

our Network was done at the International Council Meeting in Reggio di Calabria, autumn 2007. During the longest Presidents' workshop ever lasting until 2 am in the morning, we were planning how to develop a new strategic plan.

During the 27 years of ELSA, this philosoELSA: Organisation for European Students an young Lawyers

its existence. Our members were always inspired by the aims and have been implementing them in all ELSA undertakings, yet with different means.



Practice

unity and has been a strong fundament of

Foreign legal Knowledge

been guaranteeing our association sense of

The biggest challenge was to find the start-

International Exchange

phy statement, although very general, has

Legal and social network across Europe

ing point. Motivated yet subtly confused we went back to our countries while pondering the questions raised and started preparations for the upcoming International Presidents Meeting in Ohrid. There we had a great training provided by an external who helped us define the current needs of the Network.

A STRATEGIC Plan is an important tool to guide the work of any organization. It will help maintain a focused, long term vision of the organization's purpose, and aid decisions about the allocation of human and financial resources. In many organizations, this is viewed as a process for determining where an organization is going over the next year or more -typically 3 to 5 years. A strategic plan should enable our common European Identity and activities as the main branding of our organization. A lot of our members join ELSA because of our international orientation – we should fulfil these expectations and give them the chance to be part of a European network. To achieve this, we need to unify our efforts towards our common goals, which will give us the strength to make the change and be the European, unique and successful network we want to be!

2) Legal Education, Legal education has always been a focus area for ELSA. As the term is very wide it is needed to specify a bit what the main focus points of ELSA are within this area. The goals set down in the Strategic Plan focus on events which have participants with different legal backgrounds. Looking at different legal solutions for the same problem in different countries or toward the more typical topics with cross border legislation such as Human Rights related events. Getting students together from different countries to discuss such matter will increase their knowledge on the topic but also widen their horizon as they get inputs from different legal perspectives not only from a national perspective.

3) Study Visits. The last main focus set in the network was Study Visits. The Study visits have been split in two categories. The first type is InstituWhen we started working on the strategic goals we were expecttional Study Visits which is for example a visit to Brussels to visit ing that we would come different institution situated up with some new original there such as the European ventures. After the whole Parliament. The second type consolidation process and analysis of the of study visits relates to one OYOP of IB, NG and LG to ELSA Market research we ELSA group visiting anothbe written within frame of the realized that all what our aser ELSA group and experioutcome of the Analysis sociation wants and needs encing a program together is already existing. The only both academic and social. analysis problem was we focused on The main return from this of accomplished / unaccomplished objectives too many activities without exercise is again knowledge implementation on National and Local Level special priorities. about the institution or leof OYOP to reach our objectives gal topic and the cultural reporting In order to meet the expecknowledge gained by visitLG reports to NG ing another ELSA group. tations of our members but NG reports to IB IB reports to network also in order to cooperate professionally with the externals, the priority of our As you can see from the 3 fowork starting from this year will be focused on these topics: cus areas the common factor is the International exchange. Both when it comes to legal knowledge and cultural exchange, but also for gaining contacts and friends around Europe. By focusing 1) Student Trainee Exchange Programme (STEP) The market research conducted during 2006/2007 showed that more on the international events and less on the local events the a huge part of our members were interested in STEP. In order network will come out strengthened and with a bigger sense of to meet this demand ELSA will focus on increasing the amount working together. of jobs available through continued focus and investing in our STEP officers. At the same time ELSA International is working At the International Council Meeting in Lisbon 2008 the plan on a new online solution for application in order to make it easier was approved by the Network as a crowning achievement of comfor students to apply to STEP. Enabling law students to work in mon will and cooperation of the whole Network. We've managed a different country gives them a different dimension when they to make the first step together- the dream. The next step is still on return to their own legal system and is important for legal and the to do list - namely to turn the plan into reality. cultural exchange.

synergy magazine




Strategic Planning

International Trainers Pool

Training for the future Karina Sultanova was President of ELSA Kazakhstan (1999) and Secretary General (2000) leading ELSA Kazakhstan in its efforts to obtain a Member status. Karina Sultanova has been a member of ITP since Dec 2001.

I was appointed to be an ITP Trainer for ELSA about seven years ago, and since then, I have had an opportunity to pass on my knowledge and skills to ELSA groups across Europe, including such countries as Italy, Russia, Lithuania, Kazakhstan and the Czech Republic. I have also been honoured to provide training sessions to ICMs, IPM, ELSA House Training Week, and a number of regional training events organised by ELSA. Karina Sultanova, International Trainers Pool

As an experienced and active ELSA member myself, I now find it particularly rewarding to be able to bring training closer to ELSA needs, sharing my experience to demonstrate how such skills and knowledge can be applied in ELSA world as well as for personal mastery and development. This time I was asked to organise and facilitate a few sessions for the new ELSA International Board („IB“) as part of their one month transition programme. The goal of this particular exercise was to define, create and reach an agreement for an effective One Year Operational Plan („OYOP“) 2008-2009. My role was to deliver learning and practice sessions covering a wide range of topics. I had to bear in mind that this new team was very experienced but exceptionally diverse by background and style. It was critical for me, as the trainer, to further unlock their potential, and create a good environment for brainstorming, as well as lead a path between theory and practice. Throughout our two day training we talked about interpersonal

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effectiveness, communication, personality types and conflict prevention. The games chosen for these sessions were aimed to identify key areas of concern within the ELSA world, and more importantly, to plant some seeds for our planning exercise. Whilst moving on with the more detailed OYOP, we talked about some theories on magic of nurturing one‘s energy. We also touched upon the preferences for learning and thinking styles, and the benefits behind it. I have shared my knowledge on project management and planning, which I was lucky to acquire while working for my current employer, a multinational energy company. Naturally, an informal atmosphere was a bonus. Looking back, I would like to say that I am very proud of the dedication of our new IB. They are keen to learn and listen to each other. They are full of energy, ideas and optimism, and I am excited to hear about their OYOP being implemented. Perhaps next time your national or local group will be the one that get the visit from a trainer to unlock your potential. But only if you take the initiative to get trained.

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Human Rights

Human Rights

Solving conflicts through the rule of law.

Intercultural dialogue and human rights GABRIELLA BATTAINI-DRAGONI is the Council of Europe’s Director General of Education, Culture and Heritage, Youth and Sport. Since 2005, Mrs. Battaini-Dragoni is the Council of Europe’s Coordinator for Intercultural Dialogue.

While the White Paper ranges widely over policy and good practice its legal, and specifically its human-rights, dimension is of interest. The Council has been committed since its inception in 1949 to upholding democracy, human rights and the rule of law. And since the promulgation of the European Convention on Human Rights in 1950 it has elaborated an ever more sophisticated portfolio of rights protections. The White Paper makes plain that intercultural dialogue must rest on this foundation. Human rights, including gender equality, can not be trumped by claims as to the authority of ‘tradition’: forced marriages, ‘honour’ killings and genital mutilation can never be allowed.

Gabriella BattainiDragoni, Council of Europe

‘Identity’, the veteran social thinker Zygmunt Bauman contends, has become ‘the loudest talk in town’, whereas for an older generation it was nowhere near the centre of the public agenda.

It is not hard to see why. One’s parents might have lived in a world where they took their roles mostly for granted most of the time. But in a globalising, individualising society young people today find themselves having to construct their own, inevitably complex, identities from a bewildering array of possibilities. This raises major questions of how to reconcile conflicts of identity when these are expressed in the public arena. Intercultural dialogue becomes imperative if such clashes are not to erupt into threats to the rule of law, as with some of the protests around the world following the publishing by a Danish newspaper in 2005 of cartoons caricaturing Islam. The Council of Europe has been engaged since that year in the preparation of a White Paper on Intercultural Dialogue, to provide guidance for its 47 member states. Entitled Living Together as Equals in Dignity, it was launched by the foreign ministers in May.

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Nor, however, can a supposed ‘dominant culture’ prevail over minority rights. While the European Convention on Human Rights and most subsequent instruments define the individual subject of the right in generic terms, in the 1990s the Council of Europe began to address the rights deemed to attach to persons belonging to specific minority communities. Notably these included the European Charter for Regional or Minority Languages (1992) and the Framework Convention for the Protection of National Minorities (1995), with their monitoring mechanisms and recommendations implemented through national legislation and appropriate governmental policies. The European Court of Human Rights has developed much relevant jurisprudence in respect of human rights in culturally diverse societies, particularly with regard to Article 10 of the ECHR on freedom of expression. In the Handyside case, while the court upheld the banning in the UK of The Little Red Schoolbook on grounds of protection of morals, it emphasised the importance of freedom of expression, including where this might ‘offend, shock or disturb’. In the I A case, however, the court also upheld the fining of a Turkish publishing house over a novel which might not only have offended and shocked the reader but constituted ‘an abusive attack on the Prophet of Islam’.

The discourse of human rights provides us with many solutions to the challenges posed by identity politics. However, the law cannot anticipate every concrete situation. In order to balance competing rights in a multicultural society, intercultural dialogue is indispensable —and it is critical that this should indeed become ‘the talk of the town’.

The full white paper available at www.coe.int/dialogue

International master

European Law The Faculty of Law at Radboud University Nijmegen in the Netherlands offers a one- year master programme, designed to provide a strong understanding of the various areas of European Community Law. This programme suits the needs of foreign students who, after having completed at least three years of legal studies in their home country, wish to pursue a career in international and European legal practice. After succesfully completing the programme, students are awarded an LLM. Start dates: September or February Tuition fee 2008/2009 for EEA-students: € 1565,– More information

Further clarification has come in the corpus of declarations by the European Commission against Racism and Intolerance, established following the first summit of Council of Europe Heads of State and Government in 1993. These range over the national legislation and the specialised bodies required of member states to combat racism and xenophobia, and the exclusion of ‘hate speech’ from political discourse. synergy magazine

International office Faculty of Law E internationaloffice@jur.ru.nl T + 31 24 361 23 07 I www.ru.nl/law/education/international_master

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Human Rights

Human Rights

The power of solidarity

The battle against racism 18 of March 2008 ELSA Vilnius and Human rights monitoring institute organized a discussion “Racial discrimination in Lithuania: a myth or reality?”.

who are interested in human rights get know better the racial discrimination situation in Lithuania. The great attendance, competent participants, questions and suggestions from audience let overlook the subject from different aspects. Representatives from Human rights monitoring institute, a chief prosecutor from Division of Special Investigations Prosecution Service of the Republic of Lithuania, deputy director general of Department of national minorities and Lithuanians living abroad and Lithuanian student who is married with a citizen of Ethiopia acquainted with the situation of racial discrimination in Lithuania.

The project showed how it is important and essential to talk and educate our society about racism, which is becoming more and more topical problem in Lithuania. When participating and organizing such a significant project you can feel the huge power and solidarity reaching for one right purpose – tolerance for all people living in one country.

The discussion did not finish when thank-you letters were given for participants. Many viewers and participants stayed for more time to have a coffee and talk about the aspects of the subject which they are concerning about. This event was one among many others during a week against racial discrimination which took place on 15-23 of March. This year for the first time ELSA Vilnius had an opportunity to join this project which had a great response in Lithuania and with 9 other organizations (Office of Equal Opportunities Ombudsperson, Human Rights Monitoring Institute, Centre of Tolerance, Department of National Minorities and Lithuanians Living Abroad, International Commission for the Evaluation of the Crimes of Nazi and Soviet Occupation Regimes in Lithuania, Lithuanian Centre for Human Rights, Council of Europe youth campaign “All different – all equal”, Roma Society Centre and Lithuanian football federation) contribute its part to all programme of events and activities of action week against racism. Linda Prakaite, VP S&C, ELSA Vilnius

A week against racial discrimination was widely publicized in Lithuania. It included a Press conference for journalists, social advertising in public transport (special social video clip), social advertising on posters encouraging being intolerant for racism and ethnical discrimination. Civil actions directed against racism in all regions of Lithuania was organized by many youth organizations too. Whether there is a racial discrimination or not in Lithuania? This question is opened and discussed very often in our country especially recently. In order to answer to this question ELSA Vilnius and Human rights monitoring institute organized a discussion “Racial discrimination in Lithuania: a myth or reality?”. This event gave an opportunity not only for law students but for all 14

synergy magazine

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Human Rights

Human Rights

ELSA Poland Human rights programme

ELSA for Africa! ELSA members in Poland taking action in cooperation with UNICEF to raise money for vaccines in Africa

The Human Rights Programme does not mean only lectures and gaining knowledge about this particular branch of law, but also real activities, thanks to which we are able to help at least one human being – especially those people who really need such help. That is why ELSA Poland and UNICEF, in the framework of a partnership programme, organized a charity campaign „Children’s Day in Africa”. Aleksandra Krzyzanowska, VP S&C, ELSA Poland

In June, when Poland and other Slavic countries celebrate Children’s Day (June 1), as well as the International African Children’s Day (June 16), all Local Groups collected money for tetanus vaccines that are intended for children from the Democratic Republic of the Congo. Tetanus is a disease eliminated long ago in developed countries due to vaccinations. The disease is caused by bacteria which is common in the environment and introduced to human body via open wounds. In countries like Congo, the mortality of tetanus infected newborns reaches even 100%. The vaccine is the only efficient and safe method of preventing the disease. Introduced to a pregnant mother, it protects both the woman and her newborn child. The cost of such vaccine is a few eurocents, but for the child it is the only chance for survival.

to make the collection very attractive. One of the most interesting ideas were ELSA Krakow’s Tram Party, a party in a special tram that was romping about the city, and ELSA Wroclaw’s Legal Movie Academy, a movie show, from which the ticket profit was given to the UNICEF campaign. Additionally, gadgets with famous actors’ autographs and football players’ t-shirts have been auctioned. Many Groups organized charity parties and collections on their faculties. We managed to collect 10 000 PLN altogether (approximately 3100 Euro). The whole sum was given to the UNICEF „Children’s Day in Africa” campaign and we already know that this amount of money is enough for 58 000 vaccines and that is the amount of mothers and children that will be saved from the terrible tetanus disease. The campaign was very popular among law students and academic staff. Despite the end-of-term exams, we managed to involve 125 ELSA members – volunteers in organizing projects, preparing the collections and collecting money. The „Children’s Day in Africa” – ELSA for Africa campaign tuned out to be a huge success and we will surely continue it, in cooperation with UNICEF.

We already know that this amount of money is enough for 58 000 vaccines

During the campaign, which was conducted by 15 ELSA Poland’s Local Groups, we collected money in different ways and methods, as every Local Group tried

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Training

Training

Baltic Trainings 2008

Human Rights and Globalization From 13th till 21st of the April 2008 ELSA Kaliningrad was proud to hold traditional Baltic Trainings on Human Rights. This year’s main topic was “Human Rights and Globalization”.

Olga Korotkova, President ELSA Kaliningrad and

From 13th till 21st of the April 2008 ELSA Kaliningrad was proud to hold traditional Baltic Trainings on Human Rights. This year’s main topic was “Human Rights and Globalization”. During last 3 years the BT were brilliantly organized by ELSA Lithuania. This year we - ELSA Kaliningrad - took the baton. After months of preparation, hard work, drawing up invitations, elaborating the program that long-expected moment finally came.

There is no need to say that Trainings helped to unite our ELSA Kaliningrad. Now we are not just a team, now we are strong team with ELSA Spirit in our hearts. And be sure Baltic Trainings are not the last international event organized by ELSA Kaliningrad. In the name of ELSA Kaliningrad we thank all participants kindly which made cheerful contribution on Baltic Trainings 2008.

Svetlana Vasilyeva, VP S&C ELSA Kaliningrad

The 27 participants from Ukraine, Germany, Poland, Lithuania, Sankt Petersburg and Kaliningrad arrived on student’s recreation centre on the coast of the Baltic Sea in Svetlogorsk (Raushen).

Every day was carried out the intensive work in the groups for making projects, collage, theatrical performance, games and extensive social program! Training’s format just means, that participants have no lectures and reports. Divided into groups the participants discuss the problems, share their experience and knowledge, use logic and fertile imagination to find solution of assigned tasks. At the same time some creative exercises and tasks (for example “Zoo” and “Granny from Brazil”), warming-up and games promoted unity of the participants and helped to be in a cheerful mood during the day.

Through eight days of interactive workshops, discussions, brainstorms and games students had the chance to broaden their legal knowledge, to discuss the questions of influence of globalization on human rights and different variants of human rights development, to find out common problems of Baltic regioncountries and find the possibility of their solving to improve the situation.

Official language of the Trainings should be English but in accordance with the circumstances and friendship of nations we spoke in russian-english-ukrainian-german language with Lithuanian accent. Also there were and unforgettable evenings, walks by the sea and night conversations and sightseeing tour to Kaliningrad, clubbing and international science conference «Recognition of the

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States: actual problems». Trainings were started at 7 o’clock in the morning by the train Kharkov –Kaliningrad” with first participants, and finished on a seashore with cosy little gathering around warm evening bonfire. During those 8 amazing days we all became friends. Yes, we did: all 27 people! And now we know that we have friends in Kharkov, Vilnius, Heidelberg and Saint-Petersburg, which always glad to see us.

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Council of Europe

Council of Europe

Developing Europe

The European Committee of Social Rights’ 40th anniversary Régis Brillat is the Head of Department of the European Social Charter – DG-HL Executive Secretary of the European Committee of Social Rights

nually and publishes its “conclusions” on them. For ten years it has also been responsible for processing the collective complaints filed by trade unions, employers’ organisations and non-governmental organisations against the 14 states which have agreed to this procedure. In this way, the Committee has become involved in many issues that are central to the Council of Europe’s activities, including, in particular, children’s rights, the rights of people with disabilities and rights of the Roma. It is the task of the Committee to ensure respect for the values on which Europe’s democracies are based, particularly solidarity, non-discrimination and participation. The 40th anniversary will provide an opportunity to highlight the significant achievements brought about by the European Social Charter. It will also be a chance to consider the most appropriate means of convincing all the Council of Europe member states to ratify the revised Social Charter and accept the collective complaints procedure, thus enhancing the system’s efficiency.

There are many more examples of changes in the situation in law and in practice in different European countries which are the result of the work of the European Committee of Social Rights. This Council of Europe committee, which is still not very well known, has been working for 40 years to ensure that the rights set out in the European Social Charter are properly implemented. The Social Charter stems from a decision that was made in 1950 when the European Convention on Human Rights was being

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drawn up, which was, temporarily, to separate so-called civil and political rights from so-called economic and social rights. The former are covered by the European Convention on Human Rights while the latter are dealt with in the European Social Charter, adopted in 1961 and radically revised in 1996.

The Sydney LLM Master of Laws (LLM) @ Sydney

The attachment of the Council of Europe member states to the indivisible nature of human rights has not yet been reflected in the adoption of a single treaty bringing together all human rights. However, the reform of the Social Charter carried out in the 1990s has reinforced its ties with the European Convention on Human Rights and has substantially enhanced its effectiveness because of the new constraints it places on states.

With over 150 units of study to choose from, 70 per cent of subjects delivered intensively and off-shore study available in Europe and China, Sydney Law School offers Australia’s leading LLM program. The Sydney LLM enables students to select from the entire range of subjects available. You can concentrate your study in one area such as International Law or Corporate Law or combine disciplines such as specialised study in Environmental Law, Health Law or even Criminology.

The European Committee of Social Rights is the Charter’s regulatory body. It decides whether the situations in the states that have ratified the Charter are in conformity with it. It is made up of independent, impartial experts and operates in two separate but complementary ways. Firstly, it assesses the situation in the member states on the basis of reports submitted by them an-

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For some years or months now, women have had an unrestricted right to become police Régis Brillat, officers in Greece, children suffering from Council of Europe autism in France have been entitled to attend ordinary schools, foreign students in the Netherlands have had the same right to financial aid as Dutch ones, corporal punishment of children has been banned in Portugal and discrimination against trade union members has been prohibited in Hungary.

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STEP

STEP

Student Trainee Exchange Program

STEP in Montenegro as cherry on the cream..! ELSA Montenegro offered it’s first STEP traineeship this summer

The trainee participated in jobs like admission and elaboration of the inquiries for credit, admission and control of clients’ documentation, in jobs for analyzing and completing documentation in order to get higher quality for credit insurances. In addition the trainee attended credit realizations. All tasks required knowledge of the Financial and Banking Law. We provided salary for the trainee and accommodation in student dormitory, which is few minutes from the office. Our plan was to find one or two more traineeships at the same time and get an ELSA Montenegro House for the trainees, but that plan will have to be a future goal to work toward! If you ask me how I felt after arranging our first traineeship, I would tell you; as eating a last cherry on the cream! It was a pure pleasure working with a team of highly motivated people. Having a traineeship in Montenegro also is a proof that our National Group is active, because STEP is one of the core activities of ELSA. STEP show us what true ELSA spirit is!

There can be a few problems when you become a Vice president for STEP, such as lack of knowledge in your team, or no team at all. But I would say the real problem is when you are starting with STEP and there has never been STEP before in your country. It was a real challenge. I spent one year trying to collect all pieces of STEP and finding people who as a first thing understand the purpose of being a STEPer, and what STEP truly means to the network. I spent almost one year doing this and trying to show that ELSA is different because of STEP. So what does STEP really means? It is hard to find a proper definition that can be unique. But for those who enjoyed student hunting and job hunting it is obvious that STEP is the heart of the network. Mirko Djukovic, VP STEP ELSA Montenegro

I also need to thank all STEPers for promoting our job, which resulted in 7 applications for this traineeship. "Prva Banka Crne Gore" chose Miss Zorica Velkovska, the President of ELSA Republic of Macedonia to be the elected trainee. We decided to make this traineeship unforgettable for our trainee and there is no better way to do it than exploring our coast. We had magnificent Saturdays and as an important outcome we all experienced some ELSA-spirit.

nally informed me that we have one job. The first traineeship after almost two years of hard work on informing people about STEP and building our team, we had our first one month job. It was in Prva Banka Crne Gore, one of the best recognized banks in Montenegro.

Now after this first traineeship we are encouraged to make our new plan for STEP and to be more active in job hunting. It was amazing to read the "Organization Evaluation Form" with best marks for our devotion working for ELSA. We got a great recommendation and "Prva Banka Crne Gore" is open for further traineeships. Now we have to use this potential, get more jobs and bring in more students so we can enjoy again the feeling of being part of the network. One problem that still remains is student hunting, but this year we prepared new brochures and we hope that soon also students from Montenegro will be encouraged to apply for STEP-jobs throughout the ELSA-network.

Finally this year ELSA Montenegro succeeded at job hunting, we officially offered one job, a traineeship. We approached a few law firms but without success as STEP so we decided to do a little different approach. We contacted a few banks, insurance companies and NGOs. During our workshop in Lisbon my team fi-

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Date: 27-30 November 2008 Place: Strumica, Republic of Macedonia Working Language: English Contact Information: Jasmina Kartalova E-mail: vpsc@elsa-rm.org.mk Website: www.elsa-rm.org.mk Registration deadline: 10th November 2008

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e Cyber-Space”

Date: 16-23 November 2008 Place: Bucharest, Romania Working Language: English Contact Information: Maria Alexandra Bica E-mail: Maria2alexandra@yahoo.com Website: http://www.bucuresti.elsa.ro/ Registration deadline: 31st October 2008

Finance Litigation

International law school on Banking and

Registration deadline: 1st November 2008

Date: 14-15 November 2008 Place: Wroclaw, Poland Working Language: Polish and English (translations provided when needed) Contact Information: Peter Lubowski E-mail: piotrlubowski@wp.pl Website: www.wroclaw.elsa.org.pl

Law Development”

Date: 20th - 22nd February 2009 Place: Jena, Germany Working Language: German Contact Information: Eva Lenzen E-mail: president@elsa-jena.de Webpage: http://www.elsa-jena.de Registration deadline: 20th January 2009

e future of our energy supply

Date: 4th - 8th February 2009 Place: Istanbul, Turkey Working Language: English Contact Information: Nazli Atalay E-mail: president@elsa-istanbul.org Webpage: www.elsa-istanbul.org

International Presidents’ Meeting

FEBRUARY

Date: 15-18 January 2009 Place: Berlin, Germany Working Language: German Special programme for International guests in English Contact Information: Laura Schmitt E-mail: president@elsa-berlin.de

ELSA Germany National Council Meeting

2009

Date: 12-17 December 2008 Place: Kopaonik, Serbia Working Language: Serbian and English Contact Information: Ana Koprivica E-mail: ana.koprivica@gmail..com Website: http://www.kopaonikschool.org/ Registration deadline: 1st November 2008

Date: 11-12 November 2008 Place: Brno, Czech Republic Working Language: English Contact Information: Jakub Svab E-mail: svab@elsa.cz Website: http://elsa.cz/brno Registration deadline: 31st October 2008

JANUARY

“Kopaonik School of Natural Law”

War Crimes Prosecution

“Modern Directions of Intellectual Property

DECEMBER

NOVEMBER

ELSA Events Calendar 2008/2009

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Date: 19-24 May 2009 Place: Taipei, Taiwan Working Language: English Contact Information: ELSA International E-mail: vpaa@elsa.org Phone: +32 2 646 26 26 Website: www.elsamootcourt.org

e Final Oral Round of ELSA Moot Court Competition on WTO Law (EMC2)

Date: 22-23 May 2009 Place: Uzhorod, Ukraine Working Language: English Contact Information: Iudita Hubal E-mail: judita89@mail.ru Website: www.elsa-uz.org.ua Registration deadline: 10th April 2009

e Problems of Legal Regulation of Refugee Status”

MAY

Date: 17-18 April 2009 Place: Odessa, Ukraine Working Language: English, Ukrainian, Russian Contact Information: Iurii Zhukovskyi E-mail: iuzhukovskyi@gmail.com Registration deadline: 1st April 2009

Practice of Disputes Consideration in the European Court of Human Rights

APRIL

Date: 27th March - 29th March 2009 Place: Irpin, Ukraine Working Language: English, Ukrainian, Russian Contact Information: Konstantin Syomochkin E-mail: syomochkinkostya@gmail.com Website: http://www.elsa.org.ua Registration deadline: 5th March 2009

Actual Tax Problems in a Modern World

Date: 29 March - 5 April 2009 Place: Budva, Montenegro Working Language: English Contact Information: Mirko Djukovic E-mail: mirkodjukovic@yahoo.com

International Council Meeting

MARCH

EVENT CALENDAR

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Article

Article

Regional or minority languages

The scope and the challenges of the right to use regional or minority languages

tional home territory. Sometimes the language is confined to one State as in the case of Welsh in the United Kingdom or Breton in France; and sometimes it overlaps the borders of two or even three States, like Basque in Spain and France or the Sámi languages in the Nordic countries.

Sonia Parayre is a graduate in law from the University of Paris (Pantheon-Assas) France, specialised in public international law and human rights. A former ELSA member, she joined the Council of Europe in 2000 and, since 2006, has been working as a Co-Secretary to the Expert Committee of the European Charter for Regional or Minority Languages.

The drafters therefore adopted a legal technique whereby States have positive obligations of two different sorts, each corresponding to a specific operative part of the Charter: Parts II and III respectively. Part II applies ex officio to all regional or minority languages spoken within the State and lays down the aims and principles which are to be the States‘ long-term policy targets. Part III of the Charter provides a menu of very specific undertakings which require the State to adopt concrete measures for the protection and promotion of regional or minority languages in the following areas (a minimum of 35 undertakings): education, justice, administration, media, culture, economic and social life, transfrontier exchanges. Given that the Charter does not secure any enforceable rights for language groups or their individual members, it makes no provision for any judicial authority to supervise implementation. The

I was attending an ELSA Council Meeting in Sofia in 1991, when the European Charter for Sonia Parayre, Regional or Minority Languages (hereafter Council of Europe the Charter) was being drawn up by the intergovernmental committee set up by the Committee of Ministers of the Council of Europe. That was my first experience of the European journey I pursue today as we mark the 10th Anniversary of the Charter. These two decades have been particularly rich for the protection of linguistic rights of persons belonging to minorities. Before the Charter entered into force, those rights were mainly protected by the European Convention of Human Rights. However, this convention set down mainly negative rights, in the sense that it obliges states to abstain from acting in certain ways - with the exception of the right to a fair trial. The case law of the European Court of Human Rights also demonstrated that this negative rights approach limited drastically the linguistic rights of applicants (see for instance the 1968 case regarding Belgium). Member States of the Council of Europe decided therefore to design specific multilateral treaties establishing minority civil and political rights and minority linguistic rights as a standard for Europe: the Charter and its “sister Convention” the Framework Convention on the Protection of National Minorities.

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The Charter, which was designed in the 80s, focuses not on minority groups but on the protection of minority languages themselves. The key here is the recognition of the value of linguistic diversity and the need to protect it. This was a deliberate choice. By placing the emphasis on the cultural dimension of the languages, as an element of the national and European heritage, it became possible to include all traditionally spoken less widely used languages without worrying about the status assigned to those who speak them. The Charter is thus aimed also at those States that claim to have no national minorities.

protection system set up by the Charter is based on a monitoring mechanism, whereby a Committee of independent Experts supervises the implementation of the Charter in each State Party. Monitoring takes place in three-yearly cycles and involves periodical reports by each State on its implementation of the individual Charter undertakings. In performing its functions, the Committee of Experts carries out a fact-finding visit on the spot. The result of this work is the adoption, by the Committee of Experts, of an evaluation report including a number of observations to the State authorities on how to improve things. The evaluation report, together with the State’s comments, is submitted to the Committee of Ministers of the Council of Europe, which may decide to make the report public and to address a number of recommendations to the State concerned. The 10th anniversary of the Charter is a good opportunity to take stock of achievements since 1998. Assessing the impact of

“Assessing the impact of any international convention is not an easy task” any international convention is not an easy task as it is difficult to determine whether internal factors led to the adoption of that treaty or if the external effect of the treaty had an impact on the internal situation. However, the monitoring mechanism has shown that domestic legislation and policies to protect or promote regional or minority languages have been adopted, revised or implemented since the adoption of the Charter.

To this day, the Charter is the only international instrument entirely devoted to the protection of regional or minority languages, which it defines as languages traditionally used within a given territory of a state and which are different from the official language(s) of the State. Languages of migrants are therefore excluded from the Charter’s scope.

The European Parliament, in its Resolution on Regional and Lesser-used Languages of 2003, and in its 2006 Resolution on Multilingualism, considers the Charter to be the “key Europewide legal frame of reference applying in this sphere”. However, numerous States have not ratified it. Twenty-three member States of the Council of Europe, of which only 15 EU member States have as yet ratified the Charter. There are still States that have regional or minority languages spoken on their respective territories that have not ratified the Charter. Some States signed the Charter more than 10 years ago but have not yet proceeded with the ratification.

From a treaty law perspective, the Charter is a somewhat complex instrument. A great variety of language situations exists across Europe: Catalan is spoken by several million people whereas the speakers of some small languages number no more than a few thousand. Some regional or minority languages are spoken by a majority in the region in question; sometimes however, the linguistic group has become a minority even in its own tradi-

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Article

STEP

Experiencing STEP with ELSA Republic of Macedonia

As the Secretary General of the Council of Europe recently stated, “the underlying philosophy of the Charter is that minorities are not an accident of history or an exotic and suspicious group of people, but an integral and essential part of Europe’s mosaic. The existence of a minority is a question of fact - not definition. We must not only tolerate a minority, we must respect it. The extent to which the majority protects and promotes the rights of the minority – and that includes the opportunity to use their language - is a measure of the level of democratic development in a particular country.” The celebration of the Charter’s 10th anniversary should encourage more States to echo those words and to secure the linguistic rights of their citizens.

10 clever reasons why you should Aim High and Take a STEP with ELSA Things you have to do before you get too old for ELSA

1. The first step is the most important one. At some point in your student life you need to Martina stop and ask yourself: What can I as a law stuSmilevska, dent do extra for myself? After that the only VP STEP, ELSA Rep. of Macedonia thing that remains is to focus and accomplish the goal. So take that one step and sail into the adventure called STEP.

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Franziska Guetter (the first trainee in ELSA R. Macedonia) said: “I was on an information and promotion event of STEP from ELSA Jena and after this I decided that I want to take part in this programme. I met the director for STEP in ELSA Jena and she gave me more information about the application process and the offered traineeships at the moment… and there it was- a traineeship in ELSA Republic of Macedonia! I choose this traineeship because I was very inquisitive and fascinated in the Balkan countries even before, and especially Macedonia was a totally new and unknown country for me which means it would be a very exciting and instructive special experience. Also another point was that the requirements from the employer matched very well with my profile and skills.”

From this particular traineeship I expected to improve my know-how of international business law and get some useful working experience. I expected to see what it means to work as a successful attorney in a small, economic and financial not so much developed country with other political, judicial regulatory conditions. From the country I expected to see a beautiful natural countryside with old and traditional, ethnical mixed culture and to meet friendly, hospitable, spirited and chaotic people. But I also expected to see a lot of poverty and a low social and economic standard of living. Thinking back now, I realised that in most things my positive expectations for the traineeship were fulfilled and in some parts excelled. My picture and opinion of Macedonia has changed and become more complex and differentiated.”

2. Have you ever asked yourself: Why am I really doing this? What are my expectations? Why should I choose STEP? F.G: “I thought that this programme in general is a great possibility to be part of an international law student network, feeling the ELSA spirit and to approach people in other countries, to exchange thoughts and participate in a bilateral dialogue with other young people. I also thought it would be useful for building up my practical legal skills and chances in the future.

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STEP

STEP

10. Simply because it is a once in a liftime opportunity!

they will finish university (in Germany it’s not like that) but in the end I think student life in Macedonia is in some points similar to the German student life.” Justyna Ziemniak (the second trainee in ELSA R. Macedonia): “Macedonia? What can I say about this country? Hmm… It is a small picturesque country with rich history, curious folklore and unique traditional cuisine. Macedonia is located in the centre of the Balkans, but I’m sure that is not the main reason for calling her „heart of the Balkans”.

3. In the course of their work people need to experience a sense of ownership in relation to their working tools, as well the need to feel like they have accomplished something more. F.G: “I think I learned some new practical legal skills like writing a legal law report of a real case, and writing in professional English improved my judicial vocabulary. I also got a picture of working with legal and judicial documents from courts and attorneys, and how international business law is working in practise. All this I think will really help me for my next traineeship and for further working experiences on an international level.”

4. We all experience tension and pressure with our work on a daily basis. How do we resolve that problem? In STEP you get the possibility to try working in a different atmosphere than in your country of origin F.G: “I did not really have working experiences as a law trainee in Germany before so it is not easy to make a parallel. Studying law in Germany is very theoretical. Maybe an advantage of Macedonia is that employers are more interested to involve you in their legal work and they are willing to spend more time with you. The atmosphere is more relaxed and not so impersonal, donnish and cold.”

5. Shots of cultural shock that will shook you up F.G: “Social and cultural life in Macedonia is a contrast to Germany but I was not really shocked about it. Rather before this trip I had a wrong and exaggerated picture about life in Macedonia and so in some points I was “positively shocked” about it. Certainly there is big difference between rich and poor and a contrast between different ethnic groups and many students live there with their parents until 30

6. The local ELSA group will take care of you and they’ll make sure that you will be good by yourself, but you will still have to put up with lunch invitations, picnic and barbeque plans, trips to the lake, art exhibitions etc… J.Z: They always know what you should eat, what you should drink („Skopsko” - the best of beers, and… Rakija of course, but only from time to time- like for a tradition, but remember don’t drink it like a shot!! ); They know what kind of car you should drive in order to have huge fun (red Yugo of course – the best car in the world- beyond any doubt) and after the party… they show you what should you eat to help you cure the hangover (Burek with yoghurt is mandatory)!

7. Despite working hard, there is also a social side…and you will have to be able to go out and still be able to wake up early in the morning for work J.Z: “I was working in an NGO in Skopje, a NGO that was working with young lawyers implementing different national projects. I have to say that by working on those projects and participating in the seminars they organized I was able not only to learn a lot from them, but as well to pass to them some EU- experience. And what was even more precious for me was the fact that they treated me as a friend- going out at night with me, making me an office- Macedonian- breakfast and even organizing me an office- farewell- lunch…It was amazing!!!” F.G: “The students I met were also very ambitious, motivated and got involved in projects and work outside of university. I think many students look forward to become a part of the EU, travelling without Visa and get work and study experiences in foreign countries.”

J.Z: “You will experience unforgettable moments with them for sure!!! Why? Because, they perfectly know what it means to have a good time when going out with friends, which concert is the best for you, they will teach you to feel the beat of their country and culture and when you leave you will feel like a true Macedonian.

Believe it or not… The steps you take now create memories you will reminisce and talk about in your elder years…

F.G: “I think the people are very friendly, cordially, emotional, extrovert, informal and sometimes chaotic. They are very hospitable to others and family connections and relations are important to them.”

9. The people you meet will surprise you and it will be an experience you will treasure for life! J.Z: “I met many people and made lots of friends. I was surprised by the open and friendly attitude they have when meeting– foreigners...Even strangers on the street smile to you and start up a conversation.(This is the reason why I was feeling like at home despite the fact I arrived there alone and my real home, family and friends were hundreds miles away from me in the huge Poland” F.G: “I think it was an unforgettable experience and a great time for me. As a student it’s important to get some practical experiences in your legal field and especially for me who has chosen international law as my major subject it was a fundamental condition to do a traineeship in a foreign country. If I have a chance to come back here, for sure I would!”

8. As a STEP Trainee you will be considered exotic by the local population…Hence everybody will like to touch you, feel you, smell you, talk to you, get to know you, buy you drinks synergy magazine

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STEP

STEP

Student Trainee Exchange Programme

ELSA friends for life! For the first year ELSA Slovakia arranged STEP ERASMUS summer in Slovakia and it was a big success!

This STEP summer was very special for us. Lucia Pálušová, We took STEP like a big international event VP STEP, for one month: STEP ERASMUS summer! I ELSA Slovakia started my term of office as VP STEP with 4 traineeships. After 2 years we could offer 10 traineeships and we welcomed 10 trainees from Austria, Czech Republic, Hungary, Portugal and Romania, who first tasted this idea. After long process of administration, organization, planning reception and orientation of the STEP team, we were ready to welcome trainees to the 1st year of STEP ERASMUS summer. This idea came from my personal experience. As an ERASMUS student I had great time with my new friends from different countries, with different cultures and languages. Despite all those

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things we built unbelievably strong friendship. On the other side STEP is professional experience with different law system and culture as well. So we decided to connect these two ideas together. To establish totally new experience of STEP – professional and personal sides together. We were very excited to see how big response we would have with our decision. The real ERASMUS experience could start after the Welcome party. Trainees started living together, cooking, eating, having fun, and sharing ideas. Always together – apart from work of course. After first week we had a big Dumplings Party in order to give an introduction to national Slovak food – dumplings with Brynza /special Slovak cheese/ and beer as well. We were talking, having fun and we could see how our small trainees’ community was changing. We spent great night with them, but we recognized they even didn’t need us. Big ELSA friendships were made… Trainees got connected with each other more than we could imagine in the beginning. They spent every evening out and knew Bratislava better than me, when I started to study there.

I’m writing this article in the middle of STEP ERASMUS summer in Slovakia when there is still two more wonderful weeks to go. The STEP team already introduced the trainees to Slovak culture, food and especially to student life. At the moment they are planning to have a big BBQ near to river Danube, inline-skating evening, trip to Devin castle and even to Prague. We are really enjoying STEP summer with our trainees in Bratislava and we are looking forward to the remaining time. Don’t hesitate and come to Slovakia for an unbelievable experience from professional and human side. You will improve your language skills, you will learn something about Slovak legal system, you will visit our courts and you will have meetings with clients. Our STEP team will care of you and a new big friendship is waiting here for you. We look forward to see YOU here next year! Come, be international, be STEPer, be full of ELSA spirit. All of this you will find here!

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STEP

Moot Court

STEP Employer

National Moot Court

Opening the doors for a trainee from another country!

SLOVAK MOOT COURT 2008

VALKO & PARTNERS shares their experience of having trainees from ELSA

Organized jointly by ELSA Slovakia and ELSA Trnava, under the patronage of the Slovak Department of Interior, supported by our generous partners and the Faculty of Law in Trnava this years edition matched a high level – it’s a pleasures for me to present you the Slovak moot court 2008…

and legal entities that are tailored to each client’s individual needs. In the course of dealing with JUDr. Ernest Valko, PhD. our clients´ legal matters, we use the most modPartner, VALKO & PARTNERS ern and up-dated technology that together with our highly qualified staff enables us to provide legal services effectively, promptly and at the same time at a high qualitative level. We have been cooperating with ELSA Slovakia for years; we had (Ovidius) trainees from Italy, Finland, Turkey, Poland and also from the Czech Republic. We try to prepare interesting and creative tasks ...Among other wisdom words this one part of the philosophy for our trainees to help them be prepared for becoming a good that law students are familiarized with during their studies at unilawyer as well as to improve their language skills. On the other versities. Studying law requires many hours dedicated to theohand we obtain information about another country with differretical education due to its complexity and a huge extend. Someent legal system. To see STEP from another point of view, the times it seems to be difficult to apply the academic skills to real trainee who has chosen our Law Firm for his exchange program legal cases. STEP – Student Trainee Exchange Programme run this year adds his comment: “I have chosen attorney at law office by ELSA gives the students the opportunity to meet their (first) Valko & Partners for my traineeship due to the purely Slovak work experience and real cases during the studies as well as to get nature of this office where I have found very pleasant and young familiar with the culture of another country. Therefore the Law team in comparison with other big supranational firms. It was Firm Valko & Partners gladly supports this spereally likeable for me that lawyers, clerks and also cial exchange program and the idea of allowing other students take me among themselves immethe law students to achieve some practical skills. diately and help me to orientate promptly. Apart from the nice environment the office has comVALKO & PARTNERS is a dynamically develprehensive legal library too.” oping Law Firm, being one of the big and wellknown Law Firms that currently operate in the We hope that our cooperation with ELSA SloSlovak Republic. We offer a full range of efficient vakia will continue and that STEP will meet the and good-quality legal services in almost all fields wishes and requirements of the trainees to their of law to both Slovak and foreign natural persons best content.

Traditionally even this ELSA-year in Slovakia featured a National moot court, which all winners of local rounds could participate in. This event is very popular and is visited by a large amount of students and is well known for its high organization qualities – organized each year by students for students, this years Slovak moot court was also meant as a motivation for perspective lawyers. There could be no better way to draw closer the daily life of hundreds of attorneys in action - when especially young students see, how much creativity, foxiness and rhetoric talent is needed in this business, they might get refrain from the cliché, about the vicinity of law and lawyers and their aridity.

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„So laws were made that the stronger might not take all.“

Clara Hrabovec, VP Marketing, ELSA Trnava

During May 6th and 7th the premises of the Law Faculty of the University in Trnava changed into a courtroom, where all in all four teams from every part of Slovakia fought for the title of the champion and valuable prizes. At the first decision Košice and Banská Bystrica succumbed to the teams of Bratislava and Trnava, who met the next day in an exciting battle. In the end the host defendet it´s last year´s title. The highly interesting case put forward by Řehák&Tisoň advocates illustrated a complicated, but entirely realistic situation: after a prolegomenous restitution process a landlord sold his historical house; the new owner took on a reconstruction, whereupon a new rental followed. The origin of the problem was the death of the supposed possessor, who died without inheritors and never paid fully for his estate, but leased it to thirds, whose claims to the estate have been disputed for that.

Our invitations to court were accepted by Mgr. Jozef Zámožník, Mgr. Maroš Fekete and Mgr. Michal Řehák on the first and JUDr. Michal Stasík, JUDr. Petra Príbelská as well as Mag. Radovan Pála LL.M. on the final verdict. The senat was to prove the intelligence, promptitude and inventiveness of the participants, whose knowledge subdued a harsh test. But fortunately the parties were very well prepared and even the judges rated the quantity of information as meritorious. Not only the tasty arguments, but also the delicious snacks made the Slovak moot court an unforgettable experience, so that its fans are already looking forward for the next unit, which will take place in Banská Bystrica, hoping it´s going to be at least as good as the previous one!

The winning team discussing strategy

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Academic Activities

Academic Activities

Area Meeting

International Academic Activities Meeting! From 17th - 21st of September ELSA Prague organised a meeting for officers and members working within the area of Academic Activities.

The most popular theme within our network Jakub right now is the Section Meetings which are beCech ing held on the International level. Never before President, have so many working meetings happened in ELSA Prague such a short time. The International Presidents Meeting (IPM) and International Step Meeting (ISM) are common in the network and we are used to them, but Sec.Gen International Meeting (SIM), International Marketing Working Meeting (IMWM) and finally the International Academic Activities Meeting (IAAM) are quite new. The idea to organise such an event was drafted at the International Council Meeting (ICM) in Lisbon, where we believed it was not enough time to deal with problems in the key area of Academic Activities (AA). AA always was and will be the cornerstone of ELSA and that is why it deserves its own international meeting!

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ELSA Prague hosted IAAM from 17th to 21st September 2008 in a beautiful hotel in Nepomuk, near Prague in Czech Republic. There were approximately 30 participants from 11 countries working hard on workshops, trainings and also enjoying themselves a lot during the social programme. The International Board was present with VP AA Morten Rydningen, and in addition the VP Marketing Torkil Norstrøm. During the meeting the most relevant themes for the Academic Activities area was discussed. The first day was mainly dedicated to ELSA Moot Court Competition on WTO Law (EMC2) and training on Project Management, which was delivered by a professional that focused on the need of having a good and diverse team, a detailed timeframe, to have control points and a critical point. We ended the day with presentations on the future of the EMC2. The theme party was based on the New Corporate Identity, and orange was mandatory in every outfit.

Morten Rydningen, Vice President AA ELSA Int.

Friday morning started with a presentation of Central European University from Budapest, which delivers wide variety of Masters and Doctoral legal studies to students from many different countries. Then we continued with workshop directly aimed on improving the State of the network (SotN) and Guide to Legal Studies (GLSE). After workshop we went sightseeing in Prague before we finished our day with a Boat Party until late at night. The boat party was a remarkable event which gave us a beautiful overview of the city of Prague as well as very good food and lots of good ELSA Spirit. Saturday’s workshop on Selected Paper on European Law (SPEL) was followed by a Fundraising training that also was a brainstorming session on potential partners of ELSA Activities. To sum up we evaluated the meeting at the end of the day, and we did all agree on that IAAM should be a tradition to follow for the years to come. The last evening summarized the event with another unforgettable goodbye party which for some participants lasted until the transportation to the airport. The reason for ELSA Praha organising this event was its wish to contribute to the internationality of the network and improve the AA section. There are challenges and even very hard times ahead of ELSA and the only way to persist is to work closer and cooperate more on local, national and especially international level. ELSA International highly appreciates the efforts done by the organising group ELSA Praha, and is extremely satisfied with the quality of the event. synergy magazine

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Moot Court

Moot Court

ELSA Moot Court Competition

ELSA Moot Court Competition

Facing the global challenge!

Moot Court from a coach point of view

Anna Sethe and Anna Stransky were both third semester law students from Germany when they participated in the ELSA Moot Court Competition in 2008.

Kevin Koh is Lecturer, Senior Researcher and Advocacy Mentor at the Institue for Economic Law and Transnational Economic Law Research Center at the Martin-Luther University Halle-Wittenberg in Germany. He has been a mentor for teams since 2003

“Facing the global challenge!” began almost one Over and above all these substantive aspects, the year ago: with a tentative step into a new area of EMC² was an awesome personal experience. The Anna Sethe and Anna Stransky law which led to a huge leap forward in comchance to work so closely and successfully as a ELSA Germany petency, opportunity and perspective. The ELSA team and to get to know top students from world Moot Court Competition on WTO Law certainclass universities from all corners of the world ly was a fulfilling and unique experience without comparison. All across the moot as much as across the dance floor was excellent. of us can truly say that the EMC² is something we would unconThrough the oral rounds we had the privilege of meeting some ditionally participate in again and again – if the rules would only of the leading WTO Law experts as well as representatives from permit it. premium international law firms. In addition to the fabulous networking opportunities, the moot court gave rise to concrete For all of its importance, WTO Law remains frustratingly underinternship offers from leading international law firm Linklaters rated in terms of the attention it LLP and the Permanent Misgets in law school. So, when the sion of Germany to the WTO chance to dive in on the deepin Geneva. end of this exciting area of LAW as an undergraduate arose, there With the EMC² now over, it was no hesitation. is deeply fulfilling to look back and know that it has brought During the moot court, we had about so much to look forward the unparalleled opportunity to to – a whole new world of opextensively hone our abilities portunities and friendships that and knowledge in WTO Law, will continue long into the fulegal drafting skills, advocacy, ture. litigation and team-working.

WTO law directly impacts 153 countries and fundamentally influences the flow of some US$26,000,000,000,000 – 95% of all trade in the world. And getting to mentor 20 students in 5 teams across a span of half a decade in this fascinating inter-disciplinary subject which brings together cutting-edge international law, economics, politics and advocacy rhetoric on the grand global scale of the ELSA WTO Moot Court has been an unreservedly satisfying, fulfilling and utterly enjoyable experience in teaching and learning.

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Kevin Koh University Halle-Wittenberg

Indeed, there is no other academic experience which brings together law, economics, politics and advocacy rhetoric on the same scale and intensity as the ELSA WTO Moot Court. Other international moot court competitions such as the Philip C. Jessup, European Law, and Willem C. Vis International Moot Courts may offer comparable scale of competition but deal with more ‘mainstream’ areas of law.

catalysing the growth from raw potential in undergraduate law students with no previous experience in international law and limited English language skills into able and confident advocates in word and speech that are able to outperform native-Englishspeaking, postgraduate students has offered a sense of fulfilment which is distinct in its tangibility and durability. A teacher’s greatest joy is to learn with and from his students. And the opportunities in the ELSA WTO Moot Court Competition for learning, amongst and with students, academics, practitioners, ‘judges’ and judges have been absolutely brilliant. A stellar exercise in collective learning and collaboration towards optimising the understanding and capacity which is so crucial for making the most of the opportunities and challenges in the globalized world we inevitably find ourselves in.

It is precisely this bold and unique forward-thinking embrace of such a complex, ‘new’ area of law which makes the ELSA WTO Moot so especially rewarding for student and mentor alike. It offers a challengingly broad scope of substantive and rhetorical concepts to grow into for each new team and student. And,

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Legal Education

Law School

Merger & Aquisitions in Istanbul ELSA Istanbul hosted the 4th edition of their law school on merger & aquisitions this summer

Four years ago, there were many question marks whether ELSA Istanbul could handle a Law School or not. In the last four years, those question marks are all gone and we proved that we can organize every year a great Law School and "Law School on Mergers & Acquisitions" became an international event that no one should miss! Nazli Atalay, President, ELSA Istanbul

Until now, we have hosted around 100 participants, and prestigious lecturers such as Prof. Dr. Gerhard Wegen, Thomas Francoo, Eckart Wagner, and Mariusz Hubski along many important lawyers& academicians from Turkey.

Of course Law School in Istanbul doesn’t only mean a very strong academic programme but also a social programme full of cultural events and fun! The programme started in June 07, 2008 with the opening cocktail that is held in the Bosphorus Campus of Galatasaray University, and ended in June 13, 2008 with the closing cocktail that is held during a boat tour under the colourful fireworks! During the week we have visited Topkapi Palace, Sultanahmet, Hagia Sophia, Blue Mosque, Modern Art Museum and nargile (hooka) places…. and had fun in the nicest clubs in Istanbul, mostly next to the Bosphorus, or in Turkish Night with belly dancing and drinking “Raki.”

Among the Fourth Edition of Law School on Mergers& Acquisitions, there have been participants from all over the Europe; Germany, Lithuania, Poland, Romania, Ukraine, The Netherlands, The United Kingdom and Turkey. They have accommodated in Istanbul Bilgi University’s dormitory and the courses are given in Istanbul Bilgi University’s newest campus. In those lectures, the participants had once more, to deepen their knowledge with a unique blend of theory and practical experience.

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Study Trip

Intellectual Property Law

Intellectual Property in Greece

Legal Education

Study Trip on Intellectual Property!

Domain Law and Intellectual Property

ELSA Marburg went on a study trip to visit ELSA Thessaloniki and ELSA Athens

Before ELSA Marburg went on a study visit to ELSA Thesaloniki the Director for Academic Activities of ELSA Marburg prepared a paper on Domain Law as introduction for the participants. It was presented at the seminar during the study visit in Greece.

Have you ever wondered how the perspective of a week spent in Greece sound to the ears of German students? Well, the participants from ELSA Marburg who in mid- March traveled all the way to Thessaloniki in order to take part in the first Study Visit to be ever organized by our local group definetely have the answer!

Domains are known as addresses of websites on the computer. Actually the domain is the translation of a numerical order (IP- address) into a name, like http://www.elsa-germany. org/de. The domain can also be an intellectual property. Like a name of a person or a distinguishing mark the domain is also worth of legal protection. It embodies the belonging of a domain to a specific mark or person or goods.

Zena Prodromou, VP S&C, ELSA Greece

The preparations, that had already started months prior to the event, included meetings of the Organizing Committee in coffeehouses all over the city ; endless hours spent on the phone and thousands of emails and text messages being sent in the meanwhile- and yet, it was all worth it, after all! During the seminar, members from both local groups not only had the opportunity to participate in a seminar running under the challenging thematic Law and New Techonologies but also the chance to exercise institutional visits to the European Center for the Development of Vocational Training (CEDEFOP) and to the Thessaloniki Stability Pact Branch Office. And quite often the academic part would give its place to the cultural and social one, that included sightseeing over the old town, visits to the Thessaloniki’s Byzantine and Roman monuments and a good grasp of the greek food, entertainement, night life and hospitality, of course!

it... Yet, the organizing committee felt that it would be a pity for our German colleagues to come to Greece and not get to see the Parthenon! Therefore, once the academic and cultural part in Thessaloniki was over, ELSA Marburg continued its Greek adventure to our capital. At this point ELSA Thessaloniki deeply thanks ELSA Athens for all its help in realizing that part of the event. Today, months after the study visit all of us feel we have gained on a multilevel basis. As students, we have gained solid academic knowledge on a cutting edge topic; as people, we have gained a series of new friends and finally, as a local group we have gained the uncomparable experience of organizing an international event for the first time. As the new academic year draws close, ELSA Thessaloniki can not see the time to meet again with it‘s Marburger friends and why not, get invovled into a brand new international adventure. How does the perspective of a week spent in Greece sound to your ears, then?

Katharina Klauser, Director for AA, ELSA Marburg

To manage the domains ICANN (Internet Corporation for Assigned Names and Numbers) was created on September 18, 1998. ICANN is a private organization located in California (Marina Del Rey). It is the head of several sub-organizations, like the DENIC for example for Germany, which itself cooperates with others, so that there is a big network.

On the one hand, disputes involving bad faith registration and use of certain Internet domain names may be arbitrated pursuant to the Uniform Domain Name Dispute Resolution Policy (UDRP) mandated by ICANN. Unfortunately the UDRP is binding only domain name registrants because it is incorporated into domain name registration agreements. On the other hand national laws and policies were enacted to find balanced rights of the one who has an outstanding interest to hold a domain name and the other party who has the same name or has already registered a domain.

A big problem of the market is that a domain is only available once. The principle of getting this do-main is first come, first serve. For the person/ company which does not get the domain this can result in commercial damages, but it definitively results in competitive disadvantages.

All in all, it wouldnt be an exaguration to say that the days and nights of the Study Visit had gone by with us not even realizing

Domain selling has become a business; the resellers provide registration of available domain names for their clients. This is commonly known as domain name warehousing or domain grabbing. To combat this, various laws and policies were enacted.

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Intellectual Property Law

Intellectual Property Law the German Law offers the claimant the right to forbearance out of §§ 12, 1004 BGB (German civil law) to forbid the man to use that specific domain name on the internet because the company has an outstanding interest to use that domain. Now someone may thing: “Oh, no, the influential company with money always gets the right!”. But here you have to consider, that the person is not worthy of protection. He registered the domain to gain the money!

IFP Conference

The ELSA Business Law Conference Implementing the International Focus Programme on Intellectual Property

The complaint can also claim for Damages out of §§ 823 I, 12 BGB and § 826 BGB but here only if the claim is justifiable and presents an equitable balance between the parties. In conclusion laws protect domains on the internet by various policies and agreements. Possibilities under German Law: Let’s say, a fiendishly clever man registers his company under the name of a well known company just to profit of the image and enhance his business volume and gives the impression that his own company is in any way either related or supported by that well know company. That man can be punished for that. In Germany two claims are important in that context. Right to forbearance out of §§ 14 V, 15 IV Trademark Act and §§ 3, 4 Act Against Unfair Practices give the claimant the right to forbid the opposing party to use that domain any more. The other is the Claim for Damages out of §§14 VI, 15 V Trademark Law and § 9 Act against Unfair Practices. The claimant will have to proof if damage has occurred, either a real damage or a moral prejudice. Another example is when a person register his last name as a domain (without using it) with the hope to resell that domain to an international huge company that has the same name (firm).That person actually wants to blackmail the payment for that domain to a higher price than he originally paid for the registration. In the specific case (Trademark Law and Act Against Unfair Practices are inapplicable because the person is not active on the market)

Let’s say, a fiendishly clever man registers his company under the name of a well known company just to profit 44

ELSA Sweden and its Senior Partners were proud to present the first ELSA Business Law Conference in Sweden during this spring. It was held in Stockholm at two law firms from the 28th of April to the 29th of April. The focus area of this year’s conference was intellectual property law. Emil Akander, President ELSA Sweden 07/08

Kilpatrick Stockton had one Seminar on Copyright Infringement of Software. The outline of the presentation was: a presentation of Software, opinions on Copyright Protection of Software, different perspectives of Software Infringement and Plagiarism and finally a Case Study. The first part of the Seminar was presented by Mr Fredrik Ahlqvist, Partner at the Corporate Department in Stockholm, Sweden. The second part of the Seminar dealt with U.S. Copyright and Software Law. We were acquainted with the relation between the United States and the International Copyright Law. The final part enlightened us on the Software and Computer Age. The second part of the Seminar was held by Mr Daniel H. Marti, Partner at Kilpatrick Stockton’s Intellectual Property Practice Group in Washington D.C.

The conference was a great chance for law students all over Sweden to visit two of the most famous law firms, with really experienced lecturers. It was an outstanding opportunity to meet a potential employer and improve networking skills. Around thirty law students visited the Conference. We had participants from five local groups out of six and master students from Ukraine, Russia, the United Kingdom and Estonia attended the Conference. As this year’s conference was a real success for indeed ELSA Sweden as well as for its members, the Conference will be an annual event. The focus areas of the conference will vary, but it will strive to implement the IFP. The ELSA Business Law Conference in Sweden will consist of visits to the Senior Partners’ of ELSA Sweden and there will be instructive seminars with case studies and work shops.

Hammarskiöld & Co had an enlightening seminar about film and music at the Internet. The Seminar mainly discussed the problem in different perspectives and the audience had fruitful discussions with professionals from the law firm. We mostly discussed if it was a threat or possibility with film and music at the Internet. The presentation was given by Mr Claes Langenius, Managing Partner. Mr Langenius was supported by Mr Per Gustaf Ekbom, Partner at Hammarskiöld & Co.

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Intellectual Property Law

Career possibilities within IP Law:

Job Machine with a Future Florian Lindner is a German attorney at law. After his studies he gained experience in a well-known IP law firm in Munich and in the license department of a global player in the automotive industry in Lippstadt. In 2005 he completed his LL.M. in Intellectual Property Law in Dresden and Exeter (UK). For almost 2 years, Mr. Lindner works as an IP inhouse counsel for the FORUM Institut in Heidelberg.

There has been much talk about the so-called “knowledge-based society” in recent years. Florian Lindner, German Attorney It is said that the world’s knowledge doubles at law every year or every five years, depending on which expert you ask. Even if you believe in the conservative five years, one thing is clear: Knowledge is the thing to invest in. A major part of this knowledge is the result of the thinking processes of creative people; they invent a technical novelty, compose a piece of music or develop a new company logo. The creators, who very often have invested much work, time and money, have an immense interest in protecting the fruits of their work to be able to profit from them for a long time. But the market has a tendency to copy protected works, to imitate well-known logos and to reproduce patented machines without permission. This is where legal professionals come into play in this multibillion euro market. There’s a very high demand for these IP specialists - brilliant candidates receive very high salaries, while average candidates still manage to get decent jobs with good salaries. While predominantly major international law firms (so-called “full service law firms”) are the ones looking for candidates, smaller law firms, fully specialized in IP law (so-called “boutiques”), have also joined the hunt for junior staff.

Daily work for lawyers in these law firms includes for example analyzing a technical item and comparing it to a patent of their client or hiring a private detective in China to gather information about a producer of goods that violate trademarks. In the IP department of a company, an attorney’s job could be to ensure that competitors do not file patents which might violate the company’s own patents or register trademarks which could weaken its trademark portfolio. But where is the best access to these jobs? In addition to the traditional ways of applying, career fairs offer an excellent opportunity to get into contact with interesting law firms and companies. Anyone who has attended such a fair and come into contact with the recruiters has a dramatic competitive advantage: He or she is already known personally to the law firm or company when there are communications after the fair. The recruiter can then match a friendly face to the application. Then the race to a good job is already half won.

Student getting inteviewed by a law firm

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Synergy Magazine 44  

International Members Magazine of ELSA - The European Law Students' Association

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