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Magazine of The European Law Students’ Association

No.52 ¡ II-2012

SYNERGY

magazine

Internet democracy

Reflections on the Arab Spring

Celebrating the ELSA Vision

Protecting internet freedom A pressing challenge, p. 8

Reformation, neutralisation or fragmentation? p.16

This year is the 20th anniversary of ELSA's Philosophy Statement, p.30

The Arab Spring

Join the forces to protect our fundamental values!


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Editor’s letter Dear ELSA friends,

A new board of ELSA International has now entered the ELSA House on Boulevard Général Jacques in Brussels. Eight dedicated law students with one mission; A just world in which there is respect for human dignity and cultural dicerstiy. Anders Liljeberg

The ELSA Vision is crucial for our AsDirector for Marketing sociation and it is very important for ELSA International us to have a common goal to strive towards. Did you know that this year is the 20 th anniversaty of the ELSA Vision and the Philisophy Statement? If you want to know more about this, read the article from the father of the ELSA vision, Fredrik Lofthagen, on page 30.

  

In this edition of Synergy Magazine, we want to give you an extra focus on Human Rights and Internet Democracy. Within these pages, you will find two articles on the series of protests in the Arab countries, also known as Arab Spring. First one of these, an interview with Gabriella Battaini-Dragoni, Deputy Secretary General of the Council of Europe, on page 12. If you are further interested in the series of events that led to changes in the governments of countries including Tunisia, Egypt, and Libya, I recommend you to use the reflections of the issues on page 16. I wish you all an inspiring and fruitful year in ELSA and I hope to see you soon!


Contents Editor's Letter

4

The International Board of ELSA

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The Arab Spring and Human Rights Protecting internet freedom: A pressing challenge

Council of Europe and Arab Spring Interview with Gabriella Battaini-Dragoni p.12

8

Interview: The Council of Europe and the Arab Spring

12

Reflections on the Arab Spring: Reformation, neutralisation or fragmentation?

16

Get noticed on LinkedIn - Build your personal brand

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IE Law school: How do develop personal sucess

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ELSA 2.0 - A new focus on social media

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STEP: Combine legal experience with cultural discovery

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Improve your skills - Training does make a difference!

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ELSA Events Calendar 2012/2013

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Moot Court Competitions Human Rights Moot Court Competition

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ELSA Croatia national moot court competition

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The 20th Anniversary of the ELSA Philosophy Statement The adoption of the ELSA Vision: "We all came to share a common goal" Social media networking Build your personal brand, p.19

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Healt Law - International Focus Programme Research project: Pharmacy Law and Competition Law

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Conference on Euthanasia: A wholly Italian Problem

36

The ELSA Network

The ELSA Philosophy Statement 20th anniversary of the Philosophy Statement, p.30

Multilateral Study Visit to London: "We all fit the same wig"

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Delegation to UNCITRAL: "A life time experience"

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Delegation to China: Legal challenges on energy & environment

42

Summer Law School on dispute resolution in Vienna

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Summer Law School: Arab Spring and international law in Rotterdam

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ELSA Cyprus: New actor inte the ELSA Network

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ELSA United Kingdom: Full member of ELSA

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ELSA International 2012/2013

The International Board of ELSA

"Inspiration, motivation and adventure" These are just a few characteristics that unite the new team of ELSA Internatoinal. Coming from eight European countries, the members of the International Board are already working full-time for our Network. They will dedicate one year of their lives to ELSA, the members and the vision!

Coming from Poland, the President of ELSA International 2012/2013, Bartosz Balewski is a 24 years old law student at the Law Faculty of the University of Szczecin. Originally, he comes from a small touristic resort called Międzyzdroje at the very north-west part of the country, about 20 kilometres from the Polish-German border. During the upcoming year, Bartosz will be responsible for external relations of our Association and will be in charge of the overall coordination of the ELSA work, together with the board members in the International Board. The first Estonian ever in the International Board of ELSA in the 31 years of its history, is Anette Aav, the Secretary General. She is a 24 years old student and comes from Tallinn. She considers herself a friendly and supportive person who likes to communicate and meet new people. The job of the Secretary General is an internal job – working with the officers around the Network and administrating the job of the International Board. From the land of the thousand lakes, Finland, comes a fifth year ELSAnian, Alpo Lahtinen, the Treasurer of ELSA International 2012/2013. He is a 25-year-old Bachelor of Laws from University of Helsinki. Being the Treasurer, Alpo is responsible for Financial Management of ELSA International. He will also dedicate his work to financial planning, budgeting and supporting the National Officers in Financial Management related questions. He aims to improve the communi-

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This is the team that will work for and with the entire Network during the upcoming year. We are ready to start. Please join us in an unforgettable experience. Be, with us, part of a just world in which there is respect for human dignity and cultural diversity! cation within the field of fincial management and to organise interesting workshops. Before, Sweden was known for ABBA, SAAB, Volvo, IKEA, Dala horses and meatballs. Now you have one more reason to love it. Our Marketeer, Anders Liljeberg is a 23 year old bachelor of law from Sweden. He is responsible for the overall coordination and planning of marketing within our Network. Marketing is an essential part of ELSA and he hopes to contribute to the Association through creativity and innovative thinking. Considered a structured and creative person who likes to find solutions, Anders likes photographing, doing sports or spending time with his friends. The Vice President for Academic Activities is Vasco Silva, a 22 years old Bachelor of Laws from University of Porto.


ELSA International 2012/2013

ELSA International 2012/2013: Alpo Lahtinen, Bartosz Balewski, Corinna Mückenheim, Federica Toscano, Anette Aav, Vasco Silva, Dena Dervanović & Anders Liljeberg He comes from the most Atlantic country in Europe, from the World Heritage site city of UNESCO, Porto, famous for its port wine. Vasco is the main responsible for the development and promotion of Academic Activities of ELSA. He aims to improve European legal education throught practical activities that provide law students and young lawyers with a closer contact with the legal world and increase their personal and professional skills. Federica Toscano, originally from Rodeano Basso, in North-Eastern Italy, is the Vice President for Seminars and Conferences of ELSA International. She has recently obtained a five-year Law degree at the University of Ferrara. She will be the main responsible for the promotion of the current International Focus Programme and for the strategy for the upcoming topic. She is willing to work, together with the entire Seminars & Conferences Team, to develop the S&C area, but also to improve the ELSA policy and projects: internationality, quality and sharing are the key words for this S&C Year! From the beautiful and sunny Montenegro comes the Vice President for Trainee Exchange Programme, Dena Dervanović. She is 22 years old and a student at the Law Faculty of the University Donja Gorica. She has been dedicated

SYNERGY magazine

to STEP as a platform to find traineeships in legal practice in order to help law students get prepared for their future careers in law since the beginning of her ELSA career. The factor of success in STEP is, in her perspective, the teamwork. During her term in office, she will set her focus on implementing the STEP Calendar, obtaining close contact with National Officers and strengthening the STEP system further. Finally, to coordinate our Moot Court Competitions, we have Corinna Mückenheim. Corinna is a 24 year old law student from Halle (Saale), a little town in Germany. After all the experiences and knowledge she has gained in the moot courts field over the past few years, she will dedicate her year to the 11th edition of the EMC2, the very first edition of the Human Rights Moot Court Competition and the entire Network when it comes to moot court competitions. She is looking forward to an unforgettable ELSA year! This is the team that will work for and with the entire Network during the upcoming year. We are ready to start. Please join us in an unforgettable experience. Be, with us, part of a just world in which there is respect for human dignity and cultural diversity!

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Internet Democracy

Council of Europe: Internet democracy

Protecting Internet freedom - A pressing challenge Jan Kleijssen is Director of Information Society and Action against Crime of the Council of Europe. Previously, he was Special Adviser to the President of the Parliamentary Assembly of the Council of Europe (PACE).

As the Internet’s influence and reach continue to grow, so does the temptation to Director of Information Socierestrict, control, and misuse it. Keeping ty and Action against Crime the Internet open, free and safe is critical Council of Europe to its sustainability. Keeping the Internet open, free and safe is critical to its sustainability. For the Council of Europe, this means ensuring that the human rights of 800 million Europeans, as guaranteed by the European Convention on Human Rights and related treaties, are respected online as well as off-line. It also means that democracy and the rule of law are promoted and respected online.

Democracy

Freedom of expression

The World Economic Forum estimates that over two billion people are now online, nearly a third of humankind. There are approximately 325 billion websites, 100,000 tweets per second and over 72 hours of video clips uploaded to YouTube every minute.

Jan Kleijssen

Protecting the safety of journalists, bloggers and other activists is crucial. According to Reporters Without Borders, in 2011, there were 121 bloggers imprisoned worldwide, as well as 157 journalists and 9 media assistants. The OpenNet Initiative recently documented Internet censorship in forty countries, whereas ten years ago only very few countries interfered with Internet access. Censorship should not be tolerated. We must reject any restrictions to online freedom of expression which are not legitimate, necessary in a democratic society and proportionate as laid down in the case-law of the European Court of Human Rights. 8

People are demanding and expecting more from their governments because the Internet makes it possible to access much more information and it makes it easier to encourage and mobilise people in greater numbers. Increasingly, citizens are no longer mere readers of newspapers or listeners of professionally prepared radio debates, nor are they passive viewers of television programmes or just consumers of content. They are becoming content creators, information and culture producers who are contributing to Internet innovation.

Events such as the Arab Spring have demonstrated the political impact of social media. The Internet allows greater freedom to observe, report, question and debate (in real time); to hold leaders to account. We see voters more actively seeking information before making political choices and increasingly sharing their political views. For example, the proposed Anti-Counterfeiting Trade Agreement (ACTA) led to unprecedented public mobilisation and debate across Europe about people’s freedom on the Internet.


Internet Democracy Privacy The Internet will only continue to work if people maintain their trust in it. Online expression engenders the transfer, collection and processing of personal data which, if not protected, can adversely affect people’s privacy and identity. Freedom, free flow of information and privacy on the Internet go together. This is well demonstrated in the Council of Europe’s 2012 human rights guidelines’ on search engines, and on social networks, which are inspired by the legal protection afforded by the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (also known as Convention 108) and the privacy-related case-law of the European Court of Human Rights. Respect and responsibility between users What we say and write has consequences. Hate speech can deepen divisions and provoke violence. On the Internet, this power is magnified. Users should exercise their freedom with respect and tolerance of others. This means matching demands for privacy with proper management of their own personal data, especially in view of technological advances in geo-location, profiling, cloud computing, biometric data, and so on.

SYNERGY magazine

In other words, freedom carries with it duties and responsibilities. It means being responsible. Informing and empowering users to make free and informed choices encourages their responsibility. This is why the Council of Europe is currently preparing a compendium of rights for Internet users. The aim is to produce a user-friendly and easily accessible document which helps people know what their human rights are online and, in case of need, to seek effective remedies. Freedom and responsibilities of Internet intermediaries Safeguarding Internet freedom also requires the protection of Internet intermediaries because of their important role in facilitating the production and distribution of media-related services and content. For example, search engines should be free to index information which is openly available on the Web and intended for mass outreach. This can help people access pluralistic, quality-based and diverse sources of information. In practice, this means: - Regulating Internet intermediaries only as a measure of last resort, in particular by exercising restraint and avoiding kneejerk regulatory reactions to online behaviours.

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Internet Democracy - Ensuring Internet intermediaries act responsibly, for example in designing and delivering their services with respect to human rights. - Protecting privately operated Internet platforms and online service providers from political interference. - Not obliging Internet intermediaries to monitor what users are doing online in order to detect illegal content. They should not be obliged to conduct ex ante filtering or blocking activity unless mandated by court order or by a competent authority. - Encouraging Internet intermediaries to set-up self-regulatory codes of conduct, to be transparent to the public, and to inform users of measures which impact on their rights and freedoms. Protecting the Internet’s open design

Rule of law Freedom on the Internet is not unlimited; it is not absolute. There is no freedom without security and no security without freedom. They have to be achieved simultaneously and they have to be sustainable. For people to be free, they need to be safe. Children must be protected from abuse online, from grooming, from cyber-bullying. Incitement to hatred or violence should have no place in our connected living space.

Freedom on the Internet is not unlimited; it is not absolute. There is no freedom without security and no security without freedom.

The Internet operates because its design is open, without walls or doors. Its architecture has to be kept open and its infrastructure accessible, whilst being protected. For Council of Europe member states, this means states must untertake not to harm it, to preserve its on-going functioning through early communication and mutual assistance, and to promote network neutrality, a principle that is already finding its way into domestic legislation, for instance in the Netherlands. The Council of Europe strongly promotes the open design of the Internet. It has called on its member states to respect 10 Internet governance principles when developing national and international policies related to the Internet. These include human rights, democracy and the rule of law; the way the Internet is designed and managed: multistakeholder governance; responsibility of states; empowerment of Internet users; universality; integrity; decentralised management; open stand-

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ards, interoperability and end-to-end nature; open network; and cultural and linguistic diversity.

In recent years, the Council of Europe has prepared a number of legally binding treaties that protect people from crimes committed abusing the Internet. Most of these treaties have a global reach because the challenges can only be fought effectively through international cooperation.

These include the Budapest Convention on Cybercrime, the Lanzarote Convention, to protect children from sexual abuse, the Convention on Prevention of Terrorism, to combat the use of the Internet to recruit terrorists, the ‘Medicrime’ Convention, to combat trafficking in counterfeit medicines, and the Convention on trafficking in human beings. A Convention on organ trafficking is currently being drafted. Through its, the work the Council of Europe is seeking a sustainable, long-term approach to protecting human rights, democracy and the rule of law online. This means putting people first when designing, operating and governing the Internet. The Internet Governance Strategy adopted by its 47 governments earlier this year aims to do exactly this.


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Arab Spring

Interview: Arab Spring

The Council of Europe and Arab Spring Gabriella Battaini-Dragoni, Deputy Secretary General of Council of Europe, in an exlusive interview with ELSA about the Arab Spring and their work for democracy.

Gabriella BattainiDragoni Deputy Secretary General Council of Europe

Ms Dragoni, would you please tell us about your career and how you succeeded in becoming the Deputy Secretary GEneral of the Council of Europe?

What makes the Arab Spring a significant concern for the Council of Europe? First and foremost, I would like to point out that the Council of Europe does not consider the Arab Spring to be a concern or a source of preoccupation for Europe. On the contrary, these events offer a historic opportunity for the people of the region to transform their political systems into genuine democracies and to promote the general advancement of their societies. These events have not been imposed by external actors and, for several reasons, we cannot but look at them with interest.

After completing my studies in Venice and Nice, I joined the Organisation in 1976 as a Tutor at the European Youth Centre. I then worked in the Directorate of Health and Social Affairs and in the Directorate of Culture and Sport. After becoming Director for Social Affairs and Health, I was appointed Director General of Social Cohesion in 2001. From 2004-2011 I By the same token, the Arab Awakening provides the Council held similar responsibilities in the Directorate General of Edof Europe with the opportunity to strengthen our ties with ucation, Culture, Heritage, Youth and Sport. In that capacity, our neighbours in the southern Mediterranean countries, to I also coordinated the Council of Europe Campaign against promote co-operation and assistance and to accompany the discrimination and the Organisation’s activity in the area of process of democratic transition in Intercultural Dialogue. In October various countries. Taking all that 2011, the Secretary General asked me to set up and lead the Direc"Taking all that into account, I into account, I would describe the Arab Spring as a “positive concern” torate General of Programmes. I would qualify the Arab Spring as for Europe. If the overall living conheld this post until my election as Deputy Secretary General of the a “positive concern” for Europe." ditions and democratic standards of these countries improve, the whole Council of Europe in June of this Mediterranean region, and conseyear. My decision to stand for this quently also Europe, will benefit from greater stability. It is election was a logical development in my career at the Council of Europe. My election further reinforces my motivation and natural that the Council of Europe has decided to offer its help at this critical point in time, given that our organisation my pride in continuing to serve the Organisation with greater is responsible for promoting human rights, rule of law and deresponsibilities in this important reform phase. mocracy. We have set internationally acknowledged standards 12


Arab Spring and can rely on a unique expertise, which we have agreed to put at the disposal of Arab countries that wish to consolidate their democratic institutions and practices. Of course, we are not the only actors providing support to democratic reforms in these countries. In this respect, I would like to underline the excellent co-operation with the European Union, with which we share the same priorities in this region. How can the Council of Europe help these countries in their transition to democracy? The Arab Spring immediately prompted the Council of Europe to adopt a fully-fledged “Policy toward its immediate neighbourhood” in spring 2011. This policy sets out the strategic priorities that underpin the Council of Europe’s relations with the countries on its southern borders: our strategy is intended to be flexible, tailored to specific national situations and in no way tied to membership. Any intervention must be demanddriven; in other words, the beneficiary countries themselves will indicate to us what kind of assistance they need and in which areas. The objectives pursued by the Council of Europe are threefold: to facilitate democratic political transition; to help promote good governance; and to reinforce and en-

SYNERGY magazine

large the Organisation’s regional response to trans-border and global threats, such as trafficking in human beings, organised crime, cybercrime, terrorism, money laundering, and so on. The Council of Europe therefore intervenes through an ambitious three-year programme called ‘’Strengthening democratic reform in the Southern Neighbourhood ‘’, which is funded by the European Union and implemented by us. The Council of Europe is offering the countries in democratic transition the opportunity to accede to a number of its conventions, to become a member of some Partial Agreements (such as the North-South Centre and the Venice Commission – Morocco has already joined both of them, while Tunisia is a member of the latter), to benefit from constitutional advice and legal expertise, to obtain support in the organisation of free and democratic elections and to participate in a number of Council of Europe programmes, like the one in the youth field. Furthermore, I would like to recall the important contribution that our Parliamentary Assembly is making to this process. As early as 2009 the Assembly established the special status of “Partner for Democracy”, which can be granted to the parliaments of non-member states in neighbouring regions wishing to benefit from the Assembly’s experience in democracy buil

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Arab Spring ding and participate in the political debate on common challenges that transcend European boundaries. The Parliament of Morocco was the first to be granted such status in 2011, followed by the Palestinian National Council. The Assembly reacted very quickly to the Arab Spring, alerting emerging democracies in the Arab world to the possibilities offered by the new status in texts adopted on Tunisia only ten days after the fall of the Ben Ali regime in January 2011 (two more debates on Tunisia were held in June 2011 and in June 2012 and the Assembly observed the first democratic elections held in that country) on co-operation with the emerging democracies in the Arab world (October 2011) and on the crisis of transition to democracy in Egypt (June 2012). In many of these countries citizens are not experienced in the democratic process – one could say they are still “infants in democracy”. Thus, many of the old established movements, such as the Muslim Brotherhood in Egypt, have taken over while the groups which initiated the revolution stand in disarray. How can we ensure that the democratic process continues and develops further in the Middle East?

tries is to share our experience with them, show the democratic evolution of our societies and the values that unite us and assist them in their democratic process, while fully respecting the history, culture, values and traditions of each country. We do not pursue a “one-size-fits-all” approach for the simple reason that we know it would not work. The Council of Europe’s action is never value-neutral: we promote and protect the universal principles of human rights, rule of law and democracy and stand ready to help all those countries that share these same values and are ready to embark on the path of reform to consolidate them. In Syria, the unrest has escalated to civil war and a great deal of suffering. What can European countries and the international community in general do when faced with such violence inside a sovereign state?

Since 2005, the United Nations has taken the initiative of promoting a norm or a set of principles called “responsibility to protect”, according to which sovereignty is not a right but a responsibility. This emerging norm is not yet a law recognized by the international community. It focuses on preventing and putting a stop to four crimes, namely genoOur relations with the Arab cide, war crimes, crimes against countries are based on the utOur relations with the Arab coun- humanity and ethnic cleansing. most respect. We treat them as With regard to the situation in tries are based on the utmost respect. equals and do not consider their Syria, European countries are folleaderships or populations as “in- We treat them as equal and do not con- lowing its evolution very closely fants in democracy”. For us, they and trying to act in a co-ordinatsider their leaderships or populations are partners on an equal footing ed way: the ultimate goal is to be and we admire their motivation able to speak with a single voice. as "small children" in democracy. and determination to change, alHowever, the only Organisation though they know that many sacthat has the authority to interrifices will have to be made. Democracy cannot be imposed or vene, with military force as a last resort, is the United Nations, exported. Recent history is unfortunately full of examples that more precisely its Security Council and General Assembly. confirm the validity of this fundamental principle. Democracy is too precious and, even in western countries, it cannot be The Committee of Ministers of the Council of Europe has said that it has been secured once and for all. You have to nurwith the utmost firmness condemned the continued violations ture it, constantly aim at consolidating it and protect it from of international human rights law committed since the beginpossible deviations. What we can do to help the Arab counning of hostilities in Syria, despite the current presence on the

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Arab Spring ground of an advance team of UN observers. Likewise, the Parliamentary Assembly has held an urgent debate on Syria and has highlighted on several occasions the intolerable situation in this country. Moreover, our Organisation is very active in both conflict prevention and post-conflict rehabilitation, namely through confidence-building measures. In addition to that, our Parliamentary Assembly held a debate and adopted a Resolution on “The situation in Syria” at its April session. Our work is certainly less visible than an armed intervention to halt hostilities and restore peace in a country. Nevertheless, it does contribute to reinforcing “deep security” and consolidating the so-called “democratic security” in several troubled areas of our continent. How do you see the role of women in the progress toward democracy in these countries? The Council of Europe has always promoted the role of women as actors of change. We all know that women are the first victims of violence and conflicts. However, the Council of Europe sees them as perhaps the most precious resource of our societies, provided they live and work in an environment that allows them to express their ideas and participate in the construction of a more democratic, inclusive and fair society. With regard to the Arab Spring, it is well known that women have often been at the forefront of the movements calling for democratic reforms. The Council of Europe recognised the value and the potential of women in relation to the Arab Awakening by organising a major international conference on “Women, agents of change in the South Mediterranean Region” in Rome in October 2011. In April this year our Parliamentary Assembly adopted a Recommendation and a Resolution on “Equality between women and men: a condition for the success of the Arab Spring”. Furthermore, also in April this year, the Council of Europe North-South Centre launched a new website called “Euro-Med Women Network”, which is intended to contribute to the empowerment of women in the Arab world. I would also like to recall that, at the invitation of the Moroccan Ministry of Solidarity, Women, Family and Social Development, the Council of Europe will be holding a major regional conference on violence agaianst women on 24-25 September. This event is being organised with the support of the Ministry

SYNERGY magazine

of Foreign Affairs of Norway. This is just the first in a series of activities with a regional dimension that we will carry out in this extremely relevant area. Improving the condition of women is of paramount importance, and we believe that the way in which the situation evolves will be one of the main indicators of the state of democratic maturity of Arab societies. Unfortunately, the situation is uneven in the different countries, but we do hope that these countries will use the Council of Europe’s expertise and legal instruments - such as our Convention on preventing and combating violence against women and domestic violence, which is open to signature by non- member states of the Council of Europe – as a reference. In this area too, we once more reiterate our willingness to help and accompany the Arab countries. What advice would you give to young law students in Europe to help us contribute to positive democratic development in the world? I would like to invite you to be tireless ambassadors of democratic values and human rights. I would encourage you to be always curious about the world, about peoples and cultures, about the forces that influence our society positively, and sometimes less positively. I would invite you to join forces to protect our fundamental values and to maintain a positive attitude to make our world a better place. The Council of Europe looks at you with confidence: that is why, among other things, our Organisation tries to contribute to the training of law students, for example, through the selection of young lawyers to follow specialised training in human rights. Our co-operation priorities with a number of countries in the region also include training activities aimed at potential future leaders in human rights and democratic citizenship. Finally, as you are certainly aware, the Council of Europe has sound expertise in training young people and has also been working with several countries in the region for a number of years now with the objective of promoting intercultural dialogue. Finally, I would like to recall that, although this interview refers to the work initiated by the Council of Europe following the Arab Spring, we have also launched a number of activities to accompany the changes in our neighbouring countries in Central Asia.

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Arab Spring

Reflections on the Arab Spring

Reformation, Neutralisation or Fragmentation? Professor Dr. Amelia Hadfield and Professor Dr. Adnan Amkhan-Bayno with interesting reflections about the Arab Spring.

Professor Dr.

There are a variety of ways to look at Amelia Hadfield the momentous events taking place in Jean Monnet Chair, Institute the Middle East in general and North for European Studies Vrije Universiteit Brussels Africa in particular. This brief note suggests three problematiques by which to examine the fallout of the Arab Spring, with related suggestions as to how such obstacles can be overcome.

Professor Dr. Adnan Amkhan-Bayno

The third viewpoint of the region and its upheavals is by far the most chalMENA Chambers, Brussels lenging, namely the issue of ideological and historical developement. The challenge here is to examine the extent to which the ideological shift in these states - from quasi-secular to unapologetically religious political systems – augurs cooperation, or engenders conflict with Western political systems, norms and values. International Lawyer,

The first snapshot of the region is principally in terms of its economic development, in particular the current national and regional trade and investment structure. Attention needs These and related questions are not easy to answer. There to focus not only which patterns have shifted and which are a set of assumptions that come with these observachanged – particularly as regards major trading partners like tions. Can we legitimately categorize all North African states the EU - but also the prospects for as Islamic political entities? Can we future growth across the region as a reasonably speak in political and legal Can we arguably categorize terms of a largely ideologically-driven whole. The most interesting question here is to examine which trends of ecoall North African states as set of states who – while retaining key nomic prosperity are most sustainable seculars forms of development – are arIslamic political entities? given the export, industry and investguably categorized as Islamic in viewment structures of each North African point and interests? Are these states state. In addition, looking carefully at the goodness of fit benecessarily to be regarded in easy opposition a homogenous tween current models and the overlying social, political and construction of ‘Western’ states, powers, structures? The loose cultural transformations that have swept the region. and rough answer is generally yes, but with some serious qualifications. The upshot for policy-makers on either side of And the second way of looking at these events is through the Mediterranean however is the entrenched range of vastly the context of international law. Here, the question is how different perceptions about who the other side is, and their the emerging political structures being established in Egypt, subsequent interests, based on starkly differing historic and Libya and Tunis will function within the structures and norcultural heritages. mative framework of the international legal community, cenThere is no clear-cut repository on the construction of trally by observing the main tenets of international law. 16


Arab Spring Islamic political systems that can provide key answers to current problems and future issues. A pragmatic viewpoint may be to suggest that the nature of Western civilization has spent the last 300+ years transforming its key units from religious communities into secular political entities. This has happened far more sporadically in Islam, and in some states, not at all. Islamic political structures are still intrinsically faith-based. This need not always render of interactions with secular-based political entities problematic, but these interactions are generally operating between two contrasting paradigms, with each side feeling challenged by other on the most basic of viewpoints and values, by the other. Islamic political structures are – and have been for generations - challenged by existing secular structures and philosophy. Contemporary secular states as found in Western political entities are now confronting with some unease the reality of tackling faith-driven communities. Unfortunately the most pressing problem is also one of the most foundational: the issue of human rights. There are at present – although it is not popular to say so too loudly - fundamental differences between the way in which Islam perceives the nature, function, and conduct of human beings, and the way in which these elements are understood in modern human rights law. Subsumed within human rights are the associated rights of freedom of religion, freedom of expression, the treatment of women, and the treatment of ethnic minorities. Currently, there continue to very strong views embedded within Islamic law, which are still not entirely compatible within modern legal norms on these areas. This is not to dismiss the possibility of innovative and reconciliatory ways of establishing common ground, but it is by no means assured or doable in the current North African political climate. The salient question regarding the Arab Spring is therefore whether Islam as a political system and as a social system can survive in a workable, practical fashion,

"Unfortunately the most pressing problem is also one of the most foundational: the issue of human rights." without causing untold internal tensions and myriad external rifts. Arguably, there is a difference between Islam as a belief system, and Islam as workable series of legal, political and social norms as established within the structure of the sovereign state, and implemented through the practical vehicles of public and foreign policy. SYNERGY magazine

Another significant challenge to be faced is that of democracy. Democracy in Islam is simply defined as the rule of Allah. This is clearly established in both the Qu’ran, and the saying of the prophet Mohammed (the Hadith). Whether Muslim intellectuals or thinkers or political leaders will be able to reconcile policies that simultaneously observe the stated rule of Allah within contemporary Western normative structures, in a way that satisfies the political, social and religious viewpoints of their populations remains a significant challenge. Emerging factions within each of these states further exacerbates the clash of values and viewpoints. From a cultural perspective, one could suggest that Islamic communities in North Africa are still effectively located within a wider, oppositional history; operating on the fringes of contemporary Western history, negotiating with entities, structures, values that are not their own. In simple terms, history has left a series of scars across North Africa. The history that is presently remembered is one of colonization, illtreatment, repression, and north-south clashes. This unhappy heritage now renders Mediterranean bridge-building arduous 17


Arab Spring at precisely the time when it needs to be most innovative and dedicated. Prospects do not look that rosy at this point. Still, suggestions can be tendered for each of the above three problematiques. First, the West (including the EU) should not shy away from continuing to support - economically, socially and politically - societies that are going through major crises of identity. Any rowing back of commitment will immediately be (mis) interpreted as a sign of Western mistrust of North African political norms and values, or worse, a deep-seated antipathy to Islam. However unnerving, Western states on either side of the Atlantic should bear in mind, that they are not regarded as intrinsically secular by Islamic states and communities, but in fact represent an implicitly Christian civilization. That having been said, any north-south dialogue in which Western states commit to engaging with emerging states and societies should not be based on a watering down of key tenets. No accommodation of the West’s core norms on democracy, human rights, rule of law, gender equality and respect for ethnic minorities should occur, even at the risk of being interpreted by Islamic societies as ethnocentric. At first blush, this appears impossible: a recipe inviting certain disaster in the “my norm is better than your norm” debate, especially when a faith-based system is brought into the mix. The trick is to keep the culture in place, but neutralize the norm. For example, emphasis should be placed on publicly articulating the rule of law as a universal norm, devoid of any nationalistic or religious association. Steadily disassociating

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a particular standard from its political, cultural and religious context is a tough task, but probably the only way forward at this point. More therefore could be done, for example, to engage with North African societies through the Venice Commission on the Rule of Law, which in turn could kick start serious debates on constitutional and political reforms on neutral ground. This no doubt will require a thorough and informed understanding of the Islamic political and legal assumptions and complex structures, as much as a solid appreciation of the implicitly Christian codes at work in Western norms; however, such an unbiased understanding of one’s core beliefs is not easy to come by particularly when identities and religious ideologies are at play. The process requires engaging not merely intellectuals, but Islamic reformers with a clear understanding of Islam and the West, on the basis of what can be compromised and what is complementary. Honest and unapologetic efforts in this regard will go far further than empty rhetoric. In simple terms, it all boils down to agreeing on the fundamentals of the Rule of Law. If this is achieved, the rest can be reconciled. Lastly, it is incumbent on Muslim intellectuals to revisit their history, openly, transparently and honestly, in order to identify what works, and what does not, and to be vocal about it. Muslims must have the courage to look back in order to clearly perceive present challenges and discern their future prospects. The potential of the Arab Spring to be the catalyst for genuine change, low-level atrophy, or full-blown catastrophe hangs – like the sword of Damocles – in the balance. The potential is there. The rest depends upon perception. And commitment.


Social Networking

Get noticed on LinkedIn

Social networking - Build your personal brand! Build your personal brand through social media! Get noticed, get contacts and shape your career. Andrea Hermann, Marketing Manager at CMS legal, gives you a guide on how to build your personal brand through social media and LinkedIn.

Social networking amplifies the ageold principle of personal recommendation and referral. Its purpose Andrea Hermann is to help individuals to network Marketing Manager with each other. Social NetworkCMS Legal ing helps you to build your personal brand, allows you to subtly grab clients/employers/ influencers’ attention and gain insight into your network’s network.

to be where our targets and existing clients are, and many of them can be found online.

A recent study (Greentarget: In-House Counsel New Media Engagement Survey 2011/2012) showed that LinkedIn is seen as The ‘Serious’ social network for Lawyers. According to the survey results, LinkedIn leads all other networks in professional usage and perceived credibility. LinkedIn has reached critical mass (161 million members in over 200 countries), so it is becoming useful for career opNew media is becoming mainportunities and generally for staying stream – employers consult online profiles and Google search results be...so make it easy for them in touch with important contacts. Certain professions know how to fore anything else when receiving job to find valuable information requests – so make it easy for them to use this to their advantage – for example LinkedIn is a first port-of-call find valuable information about you. about you. Be proactive! for many reporters when writing on a Be proactive! business issue or a specific individual. Online communities such as LinkedAt CMS*, we decided to focus on In are suited to the law as it is a social profession and social LinkedIn as the most relevant and credible business social platforms get lawyers closer to clients. network world-wide. For us, it is a valuable way of opening and maintaining the dialogue with our clients and prospects. In my personal view, the biggest advantage of platforms In addition, we create new client touch points on top of the well-established branding vehicles such as brochures, events, such as LinkedIn is their transparency. Any content, opinions and updates that you share online will be visible to your newsletters, advertising and reception area design. We have network and can easily be shared – knowledge and news can be transferred very quickly. At a conference in the US (American Corporate Counsel Annual Meeting 2010) I had the op*CMS is the leading provider of legal services in Europe, for more portunity to listen to the Vice Presidents/ GC (at a session information visit cmslegal.com. SYNERGY magazine

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Social Networking on Technology developments in 2015) of two of the largest technology companies in the world. Both of them were quite clear in their main message: The power of transparency will lead developments in technology in the next 5-10 years. Now, what does this mean to you as a student? How can you make use of LinkedIn in your current situation and in the future? The following gives Do’s and Don’ts for setting up profiles, hints on how to get noticed on LinkedIn and some ideas on the actions to take on platforms such as LinkedIn to build and improve your personal brand. The Basics - Create a complete profile: professional photo, past employment, summary etc. It is important to be authentic on the internet. It is therefore preferable that you write in the first person. Displaying your name, role or function are valued characteristics of transparency. Adding relevant career history and education details will increase the number of times you appear in search results and give people useful background information on you. Consider everything you say (or

"Interact with business people in areas which are interesting for you. Look up interesting groups and get in contact with group members or run your own search on Industry, topic and region." type) on social media sites as publishing. Make sure that you protect your own privacy, but also the rights and confidential information of companies. The “summary” is your new elevator speech – tell the reader what makes you stand out or the expert in a field. Add links to your websites, blogs or Twitter feeds that you wish to make a part of your professional brand. Your LinkedIn “status” is immediately projected onto your connections’ main page. Basically you share your online persona, so try to find a fit to your “real-life” personality. Think about what you want to be known for. Tip Specialties: Fill in a list of words reflecting your expertise/ industry/achievements that will drive how often your profile appears in search results. Get noticed on LinkedIn: build your network. By creating your own network, you´ll make the most of what LinkedIn has to offer. Build up your contacts by finding past and present colleagues, importing contacts from your e-mail address

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book or joining groups. Connect with people you have met at university, fellow students, former colleagues, old teachers/ professors, etc. When disclosing information about your university/school etc. LinkedIn will propose people you might know based on the information you make available. Then send invitations to people you meet at conferences and trainings and internships. Interact with business people in areas which are interesting for you. Look up interesting groups and get in contact with group members or run your own search on Industry, topic and region. Don’t be afraid to ask professionals questions about legal topics they seem to have expert knowledge on, insights about the job market, etc. You can only search for contacts and other information on LinkedIn within your network. By joining groups you can enlarge your contact base and gain good insight in niche areas. Make sure you join Groups that are relevant to your expertise and where your prospects and contacts are likely to be. Being active in groups provides credibility to what you do in the “real world”. By commenting and debating within a group you can gain "top-influencer" status. The key technique is to Listen -> Talk -> Engage. If someone you find very knowledgeable or a client is in a group, also join! That’s where you can get your message across. Tip: Do not use LinkedIn’s generic invitation to connect. Create your own subject line and a personal message - remind the individual how you know them. Share your Online Persona - Share links to articles you read, trends you observe, opinions you share, add posts about events that you will participate in or upload articles you have authored. This information will be will be posted to your networks’ homepages – so you stay on top of their minds.


Social Networking LinkedIn has a section called "Answers" in which users answer specific questions. Answer relevant questions and requests for information with specific information based on your expertise and work your way up to becoming an expert by giving toprated answers. Research companies/individuals/ job seeking, LinkedIn serves as an excellent precursor to speaking to your prospective client/employer on the phone or face-to-face. You can use the service to research a target company or person so that you have all the information necessary to craft a respectful and intelligent introduction. Your prospect’s LinkedIn profile may reveal that you have interests in common, helping to break the ice when you make your first call or have a first job interview/meeting. Perhaps you went to the same school or grew up in the same area? A generic internet research is less likely to provide sufficient intelligence to allow you to really engage with your prospect from the beginning and at different levels. Use the advanced people search facility (top right on your home page) to find all those people who are relevant to you. The most useful search criteria include ‘job title’, ‘location’ and ‘industries’. This will help you to find all those you don’t yet know but want to.

"Interact with business people in areas which are interesting for you. Look up interesting groups and get in contact with group members or run your own search on Industry, topic and region."

Nota bene: Privacy: make yourself familiar with the different settings on Personal Privacy available on LinkedIn: Select who can see your connections; choose which information is displayed when you visit other people's profile; control what information you make available to search engines through your Public Profile, etc. Remember to strike the balance between privacy and transparency. Time is the most critical resource for personal networking, be it online or in real life. Setting up an individual profile does not require much time. Getting involved in groups, engaging in debates and posting answers to online questions creates the real benefit of such platforms, but is more time-consuming. Social Networking doesn’t work without personal involvement. It derives its value from what you make of it, it depends on what you want to achieve with it. Social platforms are not about technology, they are about people. In the end it's only the spirit that brings technology to life - Johann Wolfgang von Goethe

You can search for jobs by keyword, industry, location, etc. The site tells you which employers are in your network (as you know people who work there directly or via someone else you know works there). You could consider sending a note to the person you know directly to ask for an introduction to the person you want to get to know.

SYNERGY magazine

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IE Law School

IE Law School, LL.M Partner of ELSA International

From a good lawyer to a great lawyer - How to develop professional success

New Picture In the last five years we have experienced some of the most dramatic and Executive Education changes in the history of legal practice. programmes, IE Law School As a result, what is expected of an attorney starting his or her career is to provide true added value to transactions and client management from day one. The learning curve has been reduced and competition increased. Carlos de la Pedraja

Director for LLM programmes

As a consequence, it is essential that formal legal education reflect this demand. Legal theory will always be of paramount importance but one must not ignore the skills of project management, client relations, teamwork, business acumen and innovation. These are the abilities that separate a truly successful lawyer.

competition. If the last years have taught us anything it is that those who are incapable of innovation will disappear. Lawyers need to rethink how they approach their business model, and how they provide services. At IE Law School we develop attorneys with the ability to problem solve and adapt. We focus our students’ attention on being providers of services rather than as simply vessels of legal knowledge. In addition we emphasize the innovative nature of the profession. Legal practice is a business just like any other and new models and new ideas will always be needed.

All of the above problems are compounded when dealing with clients and issues in an international environment. ThereFor a time the legal profession Lawyers need to rethink how fore, at IE we focus our attention on legal practice at a global level became complacent with hiring they approach their business model, and through teamwork. Any lawnew lawyers who had never been introduced to the idea of dealing yer expecting to carry out a transand how they provide services. action for a client through differwith a client or having to bring in ent countries, legal systems and new business or having ever even languages is going to have to rely seen a real contract. These were on the skills and knowledge of others. So in order to survive skills which could be learned “on the job”. This is no longer the case. Clients demand greater service and are willing to a lawyer must know how to develop a solution by working with others. look elsewhere to find it. Therefore, students must be introduced to the business of legal practice before stepping into the “In the middle of difficulty lies opportunity”, Albert office. Einstein. We most certainly find ourselves in difficult By focusing on these skill sets new lawyers will be much times. However, if we are able to refocus our attention on the skills and abilities that truly matter to clients more capable of providing top services. This will also have the next generation of lawyers will be much better a greater positive effect on the future of the profession. If prepared and lead the profession down a new and we train lawyers to think more like business people they will be able to make smarter decisions when faced with increased exciting path. 22


Social Networking

ELSA likes social media

ELSA 2.0 - A new focus on social media

Facebook and law – usually, that combination leads us to questions of Martin Vogel intellectual property, labour law or Assistant for Social Media data privacy. But all these questions ELSA International put aside: after all, social media is a big part of student life today. Law students share YouTube videos on Facebook, they use Instagram on their iPhones and update their Twitter account through their laptop while sitting in the lecture. And where there are law students, there is ELSA! More than 18,000 Facebook users like the ELSA page, 600 people follow ELSA on Twitter. To strengthen these communication channels, ELSA recently appointed an Assistant for Social Media for the current term, a first in the history of the International Team.

"ELSA recently appointed an Assistant for Social Media for the current term, a first in the history of the International Board." In the past social media seemed to be an instrument mainly used by the national and local ELSA groups. Now, ELSA International is finally going to live up to the numbers. The goal for the 2012/2013 term is to develop a social media strategy that national and Local Groups can use for their own positioning, in order to make ELSA more present in a place, where todays’ students spend more and more time. SYNERGY magazine

From the promotion of a conference to asking for ideas for an seminar, from a picture of the new local board to a live video stream from a national council meeting – the social media world opens up many possibilites for ELSA. While in the web 1.0, a conference invitation on a homepage still needed the user to make an effort and actively look fort he information, a simple „share“ through the ELSA Facebook page can bring the same event to the attention of almost 20,000 people all over the world, who are already united in their interest in ELSA. Nevertheless, there still needs to be an active selection of content, in number as well as in quality. One of the biggest dangers a social media page faces is overflow. As it is tempting to advertise directly in a spot where a user usually communicates with his friends, it often leads to spam Luckily, ELSA can take a peek at many examples: sports clubs like FC Barcelona or the Los Angeles Lakers, government agencies such as the the White House, partners of ELSA like the Council of Europe or other students’ associations. They all can provide ideas for social media use by and within ELSA. 23


STEP

Time for a new STEP era

Combine legal experience with cultural discoveries! The Student Trainee Exchange Programme became a part of ELSA in 1984 and started as a promising system that was providing international experience for young academics.

In a world in which the job market demands a detailed, rich Curriculum Vitae with experiences that closely Dena Dervanovicć relate to one’s education, STEP has Vice President STEP ELSA International grown to be a system that “takes care” of the legal enrichment of its trainees. As such, it represents a stable recruitment system that makes two parties meet – the employer and the employee. Despite having the employment rate weaker in all European countries, STEP stands as the system that provides easier access to distinguished temporary employment abroad for law students and young lawyers. Furthermore, STEP is a programme that provides law students a legal experience combined with cultural discoveries and gives them the opportunity to socially integrate into the culture and lifestyle of the country of the traineeship. ELSA took note of the importance of internationality amongst young academics long before it actually became an unofficial requirement for a successful carrier. Ambition is, in my opinion, one of the main characteristics of law students and it is largely reflected in our Association. Throughout the years, we have expanded our traineeship opportunities outside of Europe as well, and we intend to further grow in that field. With its rich history of experience in exchange, the STEP system has gone through a lot of improvements and today, 28 years later, we are standing in front of an important milestone. That milestone is what we like to call the “STEP Calendar”. It is a new approach to STEP as a whole, and it restructures the work of all STEP Officers in the Network. It 24

works on a system of strict deadlines that will further define the different areas of STEP, such as Job Hunting and Student Hunting. The reason for the change of structure of STEP lies behind the will of the Network to improve the quality and increase numbers on both sides of the STEP process – Job Hunting and Student Hunting. With the change of having only two Newsletters published per year, this implicates that there will be a specific timeline of the STEP process which will give officers a better insight in the tasks that are to be completed. That will provide officers with a somewhat easier approach to the workload, due to its strictly divided and defined nature

"ELSA took note of the importance of internationality amongst young academics long before it actually became an unofficial requirement for a successful carrier." I see STEP as a team. Like in any team, communication is key. That is why we are working on improving the knowledgepassing and communication, exchange of tools and materials within the Network of STEP Officers. All STEP Officers want the same result and strive towards achieving the same goal of contributing to the European society by facilitating legal education, internationality and cultural expansion of young professionals. That is what I find beautiful in STEP, and that is what keeps us, STEPers of the ELSA Network, eager to work hard on this programme.


International Trainers' Pool

The importance of training ELSA members

Training does make a difference! Training has been part of ELSA for over a decade, and it has made a difference in numerous aspects.

Training in ELSA is delivered by a pool of 30 international trainers (the International Trainers' Pool of ELSA João Thiago Trainer – ITP), who are highly qualified and International Trainers' Pool committed to help officers and members to acquire new skills. They come from all over Europe, from Portugal to Georgia, from Norway to Italy. They also played a role in ELSA which makes them understand the specificities and needs of the Association and its members, bringing a greater potential in delivering trainings. But, where does training make the difference? The difference between ELSA and all other students associations is essentially the quality in both managing the areas, as well as the quality of the events it provides. Its concern in contributing to law student’s legal education through academic activities, seminars and conferences and traineeships within an exchange program demands excellence in organizing events and dealing with entities such as universities, law firms, law related players, etc. Crossing borders all over Europe, the costs for ELSA events reach levels that students are unable to pay. In order to solve this issue, ELSA has to constantly find funds through a thorough fundraising. Not many students’ organisations fund its events the way ELSA does. After attending trainings such as Planning, Project Management, Budgeting, Fundraising, Negotiation, Communication, among others, ELSA Officers are given the tools necessary to undertake not only well organized events, but also organizing them in the smoothest way predictable, bringing them quality that enables students to acquire useful skills. SYNERGY magazine

However, it’s not only ELSA Officers who can benefit from trainings. ELSA Members, a side of benefiting with a better quality legal education events, can also be delivered trainings in areas they would never learn at the university tables. For instance, an ELSA member can benefit from trainings in areas such as Public Speaking, Presentation Skills, Time Management, Negotiation, among others. In addition to all this, the possibility to add the so called “internationally minded events”, it brings training in ELSA into a totally different level. Members can improve their language skills, build a network that comprises 41 countries and benefit from exchanging when visiting other Universities in Europe.

"Members can improve their language skills, build a network that comprises 41 countries and benefit from exchanging when visiting other Universities in Europe." Therefore, in spite of not being the ultimate ELSA goal, training takes a very important role in the Association. It provides skills to law students that will make the difference on their professional careers in the future not only on the moment students are applying for jobs, but also on graduates dayto-day tasks. What are you waiting for, then? Apply for the next training. We are waiting for you! 25


National Council Meeting, ELSA Sweden Date: 23rd - 25th November 2012 Place: Umeå, Sweden Working Language: Swedish, English Contact Information: Eleonore Lindén E-mail: secgen.umea@elsasweden.org Website: www.elsasweden.org/umea Registration deadline: 1/11/2012

ELSA Model United Nations Date: 6th - 10 th March 2013 Place: Porto, Portugal Working Language: English Contact: Daniela Marques E-mail: elsa@porto.ucp.pt Website: www.elsaucpporto.com

MARCH

European Human Rights Moot Court Competition, European Final Date: 24th - 28th February 2013 Place: Strasbourg, France Working Language: English Contact Information: Corinna Mückenheim E-mail: mootcourts@elsa.org Website: www.humanrightsmootcourt.org Registration deadline: 31/10/2012

XLVI International Presidents’ Meeting, Yalta Place: Yalta, Ukraine Working Language: English Contact Information: Daria Shapovalova E-mail: hoc-ipm-yalta@elsaukraine.org Website: www.ukraine.elsa.org

National Officers’ Meeting, ELSA Germany Date: 14th - 18th November 2012 Place: Lüneburg, Germany Working Language: German, English Contact Information: Lia Vogt E-mail: hc@elsa-lueneburg.de Website: www.reftreff.de

International seminar on Mergers & Acquisitions Date: 15th - 18nd November 2012 Place: Passau, Germany Working Language: German Contact Information: Monika Lingemann E-mail: vpsc@elsa-passau.de Website: www.elsa-passau.de Registration deadline: 21/10/2012

FEBRUARY

NOVEMBER

ELSA Events Calendar 2012/2013

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MAY

Intenational conference: Mitigating the impact of the Economic Crisis in Europe by law regulations Date: 26th - 27 April 2013 Place: Cracow, Poland Working Language: English Contact Information: Weronika Zdeb E-mail: weronika_zdeb@yahoo.com Website: elsa.lex.edu.pl Registration deadline: 21/04/2013

Conference on Internet legislation Date: 22th - 26th April 2013 Place: Heidelberg, Germany Working Language: German Contact Information: Kristin Buhr & Marcel Kahl E-mail: hoc.conference@gmail.com Website: www.elsa-heidelberg.de Registration deadline: 01/03/2013

LXIII International Council Meeting Date: 7th - 14th April 2013 Place: Cologne, Germany Working Language: English E-mail: info@icm-germany.org

APRIL

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ELSA ex-Yu Conference Date: 29th November - 2nd December Place: Budva, Montenegro Working Language: Montenegrin, Serbian, Bosnian, Croatian Contact person: Maja VukÄ?ević Registration deadline: 20/10/2012

L National Council Meeting, ELSA Germany Date: 16th - 20th January 2013 Place: Leipzig, Germany Working Language: English, German E-mail: info@elsa-leipzig.de Website: www.elsa-gv.de

JANUARY

SYNERGY magazine

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ELSA Moot Court Competition, Regional Round Date: 25th - 29th March 2013 Place: Porto, Portugal Working Language: English E-mail: mootcourts@elsa.org Website: www.elsamoutcort.org Registration deadline: 16/12/2012

ELSA Moot Court Competition, Regional Round Date: 20th - 24th March 2013 Place: Cluj-Napoca, Romania Working Language: English E-mail: mootcourts@elsa.org Website: www.elsamoutcort.org Registration deadline: 16/12/2012

Registration deadline: 03/02/2012

International Conference on Medical Errors: Legal Regulation of Responsibility Date: 28th June - 1st July 2013 Place: Uzhgorod, Ukraine Working Language: English Contact Information: Nika Getsko E-mail: vp.sc.elsauz@gmail.com Website: ukraine.elsa.org Registration deadline: 25/05/2013

JUNE

International Focus Programme Final Conference Date: 8th - 12th May 2013 Place: Gdansk, Poland Working Language: English Contact Information: Krzysztof Szulc E-mail: krzysztof.z.szulc@gmail.com Website: www.elsa.gda.pl


Moot Court Competitions

Challenge yourself in the field of human rights

The European Human Rights Moot Court Competition “It isn't enough to talk about peace. One must believe in it. And it isn't enough to believe in it. One must work at it.”, Eleanor Roosevelt.

ELSA believes in the same – our vision is “A just world in which there Corinna Mückenheim is respect for human dignity and cul- Director for Moot Court tural diversity.” In order to reach this Competitions goal, to teach our members and to edu- ELSA International 2012/13 cate young lawyers, ELSA has taken the step to set the basis for a new project – the European Human Rights Moot Court Competition!

Liisa Oravisto Director for Moot Court Competitions ELSA International 2011/12

Rights in Strasbourg in February 2013. The first case of the competition deals with the sterilization of an HIV infected woman after giving birth in the fictitious country of Orosia.

"For students by students", as we use to say about ELSA. The competition is open to all law students in ELSA's Member Countries as well as Council of Europe Member Countries. The competition is also organised entirely by students: by After developing the idea and strengthening it in the minds of our members, the competition was officially launched ELSA International and the entire team behind the competition. The extensive support of the Counon the 15th of July 2012. ELSA has cil of Europe enables us to organise a long-standing experience in organising "The European Human quality competition with pleadings moot court competitions on both national and international level. Through Rights Moot Court Com- taking place at the Council of Europe and at the European Court the European Human Rights Moot petition works as a of Human Rights. Court Competition, ELSA wishes to extend the tradition of mooting and to unique contribution to The European Human Rights Moot answer to the need for an English lanthe university curricula" Court Competition works as a guage moot court competition on Huunique contribution to the man Rights voiced by students across university curricula in helping students underEurope. The competition is organised in close cooperation stand the principles and implementation of the with the Council of Europe and it simulates the procedure European Convention on Human Rights. Furthermore, of complaints to the European Court of Human Rights. The through the competition students gain practical experience teams examine a fictive case and draft written submissions for that can only be paralleled by pleading a real case in the each party. Finally, the best 16 teams will get a chance to comEuropean Court of Human Rights itself. pete in the European Final at the European Court of Human 28


Moot Court Competitions Due to our vision, ELSA has a strong commitment to Human Rights and to promoting social responsibility of law students and young lawyers. Together with our Human Rights Partner, the Council of Europe, ELSA has taken several initiatives to promote Human Rights awareness among our target audience. Furthermore, ELSA aims at bringing forward the point of view of Human Rights in conjunction with other legal topics in all of our activities. The European Court of Human Rights is an international court set up in 1959. It rules on individual or State applications alleging violations of the civil and political rights set out in the European Convention on Human Rights. Since 1998 it has been a full-time court and individuals can apply to it directly. In almost fifty years the Court has delivered more than 10.000 judgments. These are binding on the countries concerned and have led governments to alter their legislation and administrative practice in a wide range of areas.

"We are very proud to announce that the winning team is "the Council of Europe Prize" - a traineeship at the European Court of Human Rights in Strasbourg" The Court's case-law makes the Convention a powerful living instrument for meeting new challenges and consolidating the rule of law and democracy in Europe. The Court is based in Strasbourg, in the Human Rights Building designed by the British architect Richard Rogers in 1994 - a building whose image is known worldwide. From here, the Court monitors respect for the human rights of 800 million Europeans in the 47 Council of Europe member States that have ratified the Convention. SYNERGY magazine

We are very proud to announce that the winning team is "the Council of Europe Prize" - a traineeship at the European Court of Human Rights in Strasbourg for a period of one month. In this way, the participants will also “live� Human Rights and gather experiences that may change their future. We encourage all of our members to gather a team, register for the competition and get a priceless unique experience in the field of Human Rights! For more information about the Human Rights Moot Court Competition: www.humanrightsmootcourt.org facebook.com/humanrightsmootcourt 29


Moot Court Competitions

ELSA Croatia's first national moot court competition

Creativity and ambition led to a national success! ELSA Croatia arranged its very first national moot court competition and the result was noting else than a great sucess!

“But he has to be innocent; we've all heard it during his testimony. The defence had really strong arguEma Mendušic Škugor ments!“ “You're crazy, I think the prosDirector for Moot Courts ecutor did a much better job. Besides, ELSA Croatia I also heard his testimony and it wasn't that convincing.“ The members of ELSA Croatia were enjoying their coffee break in the summer sun, arguing about the outcome of our first national moot court competition ever. The judges retired to a separate room to bring the verdict, but it seemed as if they were the only ones that needed some extra time to decide. Everybody else had already made up their mind. The idea of organizing a national moot court had been present in ELSA Croatia for two years now, but it took time and dedication until the competition was finally organized. Croatia had a strong tradition of local moot courts, and we concluded to use this potential to organise a national moot court competition. As 2011 came to an end, ELSA Croatia decided that the first national moot court would be held during the summer National Council Meeting in May 2012. A project group was set, and the wheels were set into motion. Firstly, a concept of the trial needed to be established. The main question was: where and when would the moot courts be held? The answer imposed itself quite quickly. Why do not we have our moot court during the national meetings? Numerous members of Local Groups are already attending, and having the moot as an addition to the program would only enhance the desire or current and future members to participate. Second challenge was to choose a model for the moot court. Interned turned out to be a great tool for this research. 30

"Croatia had a strong tradition of local moot courts, and we concluded to use this potential to organise a national moot court competition." We wanted to involve every Local Group into the simulation, but in a slightly different way. During each NCM, one of our four Local Groups would simulate a role in the process. One time, they would be given the role of the accused, and another of the defence. The third time they would have to face being a strict an unbiased judge. The National C ouncil Meetings would be held as they always have - in a rotating manner. Every six months one of our Local Groups would host this marvellous event. After the necessary decisions were brought, the stage was set up and we could begin organizing the first ever national moot court in ELSA Croatia. Since the summer national meeting was to be held in Rijeka, ELSA Rijeka was given the role of witnesses and experts. A team from ELSA Zagreb was given the role of the defence and ELSA Osijek of the accused. The judges would be represented by a team from ELSA Split. After deciding on the teams, we need to choose a case for the trial. Challenge was that the case had to be simple enough for everyone to understand, but balanced in a way that both teams can safely defend their positions. On the other hand, it had to be interesting for the parties and the public. After some research and with substantial help from the


Moot Court Competitions local courts, we found an extremely interesting murder case that met all the standards. To help each team with the preparation process and to ensure that the simulation runs smoothly, we decided to award each team with a suitable mentor to help them in their task. The teams later reported that their mentors helped them greatly, especially since they adopted several manoeuvres that are known only by experienced practitioners of law. The preparation process was not time consuming or difficult, since we wanted to allow students to participate in a simulation which did not require tiresome preparation and did not require them to sacrifice other interests and activities. Therefore, the overall preparation of participants lasted little more than two months, while the organisation of the whole project took us about five months. Before we knew it, the day of the simulation was upon us. The participants were so nervous that they did not even notice the weather. All suited up, fiddling with their papers, they seemed to us as actual young lawyers getting ready for their first big case. Their nervousness was enhanced by the fact that numerous members of the press were present, all wanting an exclusive interview from the young law students acting as law practitioners.

Keep your fingers crossed for Croatia and our plan to make this national moot court a permanent project that will continue to attract students as well as practitioners.

After a short introduction from our president and my short directions for the audience, the simulation could commence. Everyone was tense, since much was expected from each of the Local Groups. The audience played a big part in the simulation as well. Our “judges“ brought the verdict and decided whether or not the “accused“ was guilty as charged. But it was the audience that, through anonymous voting, decided which Local Group, in their opinion, simulated their role in the best manner and deserved to be the winner of the moot court. This year, our Local Group ELSA Zagreb, acting in the role of the defence, deserved that title. SYNERGY magazine

Although not everything had gone as we had planned it, the trial was a success. We received extremely positive response both from participants, mentors, the media, the audience and our law faculties. The opportunity to mend everything that might not have gone that well is quickly approaching, since the next moot court is due already in December. Keep your fingers crossed for Croatia and our plan to make this national moot court a permanent project that will continue to attract students as well as practitioners. Finally, do not forget that organizing a quality project does not always require lots of time and money, but only a little creativity and ambition.

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20 th Anniversary of the ELSA Vision

The adoption of the ELSA Vision

"We all came to share a common goal" Fredrik Lofthagen, president of ELSA International 1992, about the adoption of the ELSA Vision and the Philosophy Statement.

For most +20 year olds, barriers to progress will never appear as much Fredrik Lofthagen more than a speed bump. The pace CEO may slow somewhat, but your end goal Interel Group is still within reach. I am glad that I only later in life learned to assess what’s in front of me and chose my battles accordingly

joined by my fellow Board Members, some permanently, others on a part time basis. A couple of law firms had offered up traineeships. During my 10 months with the firm I probably did less than 5 hours billable while destroying at least one copying machine and racking up a significant phone bill. Our focus was clearly not on lawyering, but on doing great things for ELSA and its members.

I was elected as the President of ELSA International at the Autumn International Council Meeting in Stockholm in 1991. I was 26 and I cherished the challenge and opportunity to advance the course of the organisation while testing my wings as a leader. Little did I know that the most daunting task awaiting me was to secure support for one small sentence. Little did I know that this effort would have a profound impact on the organisation that I had just been elected to lead.

ELSA had a life of her own and a sole that we all felt in her spirit. But a sole craves purpose. A purpose to make a dierence. A vision.

The Stockholm Council Meeting was a game changer. The Board under the leadership of Patrick Oliver did not only discuss an important challenge, they actually decided to do something about it. The problem was continuity and thinking beyond your own board mandate with the understanding that there is only so much you can realise in one year. The answer came in the form of three year and one year operational plans. I had my fingers in that pie as well and I suspect that the rather daft idea of calling the long term plan TYTP came from me (I hope you guys have come up with something a bit more inspiring since?) With the planning process in place, I left my home town Lund (Sweden) for Brussels in January 1992 where I was 32

My first International Council Meeting as President started badly. I was late. After a profuse apology and several days later, we were back in Brussels reviewing the plans. I felt that something was missing. Our aims were clear. In principle, our job was to offer an international experience to the membership, but we all knew that there was so much more to ELSA. Arguably the greatest experience did not come from the activities, but the meetings where they were debated and decided. We had a great time doing what we did while our parents paid our ways, but for what reason? This in turn grew into a realisation that ELSA exists beyond its boards, meetings, parties and activities. ELSA had a life of her own and a


20 th Anniversary of the ELSA Vision not do the job for me. Something was missing, so I added, “what about respect for cultural diversity” at which point Bartek stepped in and offered up “and human dignity”. We With those questions in mind and a bit of management proceeded to spell out purpose and means at subsequent consulting aid from our sister organisation AISEC, I set meetings, including a summer get together in Les Diablerets about the task to come up with some answers. My attempts (Switzerland), until we finally arrived at the Autumn ICM in to explain the concept of a philosophy statement and the need Namur (Belgium) to have the philosophy statement adopted. for it did not go down well with the Board. So started one of I remember Bartek cautioning me to prepare for a difficult the most difficult yet rewarding journeys of my life. discussion. He asked if I had worked on a speech and had my overhead slides sorted (this is pre The first discussion took place power point – ask your parents). Vision: in May 1992 in the form of a I didn’t pay attention to his senbrainstorm session at the firm sible advice and walked straight "A just world in which there is respect for human hosting our Secretary-general, into a storm. dignity and cultural diversity." Lenita Lindström. I remember the day as if it was yesterday. The first thing that happened Purpose: We had just finished our Board was that I accidentally preMeeting. I sat at the head of the sented an old draft with spell"To contribute to legal education, to foster mututable, with the VP STEP on my ing errors, which the trainee al understanding and to promote social responsiright, Pierangelo Graziani, who solicitors representing ELSA bility of law students and young lawyers." sat next to Thésa Prisse, VP AA England & Wales were quick and Lisa Router, VP Marketing. to point out. ELSA Germany Means: On my left I had Bartek Rasz, albeit supportive, had another kowski, VP S&C, the Treasurer, concern. They were worried that "Providing opportunities for law students and Mariëlle Matthee and Lenita. the board was pushing for an inyoung lawyers to learn about other cultures and My secretary, Carmen Romero, ternational expansion of ELSA. legal systems in a spirit of critical dialogue and also attended the meeting. Our ties with our US sister assoscientific co-operation." ciation had grown stronger and So here’s what happened. on top of that - A just world (try "Assisting law students and young lawyers to ”Fred, we don’t get it. If you - A just Europe – no, I didn’t be internationally minded and professionally are confused about what we think so..). The Danes would skilled." are supposed to do, consult have none off it. Most other delthe statutes. And do you actuegations were simply trying to "Encouraging law students and young lawyers to ally know what you are talking get their heads around what my act for the good of society." about?” They were right to ask fellow board members and I were the question and my honest antalking about. Much debate and swer would have been - not really, night time lobbying ensued. In but that I firmly believed that we the end, agreement was reached, needed to do this. The rationale backed up by all delegations "I wanted the vision to be short and with ELSA Denmark as one of existed in hearts, not in minds. easily memorable, yet substantive the most outspoken proponents. The breakthrough in the debate came sooner than I had enough to be meaningful.” As I look back to this time, expected. Thesa said something 20 years ago, I am filled with along the lines of “Well if that’s many happy memories and a what you want, the vision should realisation. In those final days simply read, a just world”. Nods around the table followed by leading to the adoption of the philosophy statement, we all a quiet sigh of relief from me. The conversation had moved came to share in a common goal; to give purpose and direcon, time to land it. tion to an organisation that we deeply cared for. I sincerely hope that one day, for the sake of humanity, ELSA achieves I wanted the vision to be short and easily memorable, yet her goal too – A just world in which there is respect for human substantive enough to be meaningful.” A just world” did dignity and cultural diversity. sole that we all felt in her spirit. But a sole craves purpose. A purpose to make a difference. A vision.

SYNERGY magazine

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International Focus Programme

Pharmacy law and competition law

Feuding Laws or Working in Partnership? As a research team comprised of a lawyer and a pharmacist by training, we have spent the past nine months in order to answer the following question: “To what extent is regulation in the community pharmacy sector anticompetitive and how can it be justified?”

The scope of this research was to proWhen we talk about “pharmacy law” vide recent changes to legislation but we refer gnerally, to the body of law Oksana Pyzik Davide Migali more importantly to explain the ecothat regulates the pharmaceutical and Lead Pharmacist researcher Main Researcher nomic reasoning of certain pharmacy health care businesses. Naturally, the International Pharmaceutical Fed. ELSA regulations within different law sysvery concept of any regulation clashes tems. This new approach was fundamental to bring forth fresh with the premise of a free market, at least in theory, and thereideas about much debated questions. Starting from the criteria fore competition law. While the enforcement of competition for opening a new pharmacy ranging law is rarely criticized in the realm from demo-geographic restrictions to of the general economy sector, it has come under scrutiny when applied The scope of this research was to who can own the pharmacy's capito healthcare and more precisely, to tal, who is able to legally sell over the the community pharmacy sector. To provide recent changes to legis- counter medications and so forth. clarify, when we speak of community lation but more importantly to Whether you're an economist or not, pharmacy, we refer to the business place where a pharmacist dispenses explain the economic reasoning it's a shared belief that a competitive medication and counsels patients, as of certain pharmacy regulations market is the best possible market. The principles governing competition opposed to the pharmaceutical inassume that deregulation will increase dustry where the legal lens is often within different law systems. competition and thus succeed in cost focused on patents, which is the usual hot topic for debate. containment without detriment to accessibility and even improve quality of services by the opening of new pharmacies. Let us start with the figures, 21 pharmacy and law students However, when a customer seeks advice on self-medication from 17 countries, research in the field of pharmacy and competition law for over three months. Stage one saw us from a pharmacist, he or she may advise that it would be not design and distribute an exhaustive survey spanning 36 pages be appropriate to take any medication at all, particularly if the condition is self-limiting. In this case the pharmacist will to students elected as national researchers by their respective actually advise not to purchase any product and by doing so organisations - ELSA and IPSF (International Pharmaceutical will lose a profit. This principle should be recognized in any Students' Federation). policy debates on pharmacy. This example shows that the rules 34


International Focus Programme of competition do not fit as neatly as they do in other sectors. In order to obtain the two well-known positive outcomes of competition- low prices and high quality - several conditions need to be met within the market. Imagine, now, that you feel ill and have no medical training. You run into the closest supermarket and start looking at dozens of fancy colored boxes, with strange names. You may have done a Google search in an attempt to self-diagnose, but not all sites are reliable and furthermore, symptoms are often similar to side effects. Even when you are able to self diagnose with certainty, it can be difficult to choose the best course of treatment, especially when there are many other options to choose from and similar sounding names that add to the confusion. You are often just guessing, sometimes you're right, sometimes you’re wrong and other times you may severely harm your health in the process? Returning to the economic dimension, a competitive environment may work as long as the consumers have enough information to discriminate among homogeneous goods or services, which are able to fulfill a specific need. This brings us to “information asymmetry”: an imbalance of knowledge between sellers and patients that defines the medical field more than any other. Even with much information available online and a shift from the patriarchal doctor-patient relationship, it remains impossible to eradicate information asymmetry in the pharmacy sector. Public health and pharmacy policy primarily remains the jurisdiction of national governments and is as diverse as the Member States’ social systems. It was particularly valuable to see vastly different approaches to health care from country to country, providing the insight that there is in fact no “one size fits all” solution. We must consider the history, tradition and culture, which largely influences how systems are organised and the extent to which regulation is enforced. Several EU Member States have seen deregulation initiatives with regard to public services, often due to pressure by the European authorities. The trend to deregulate started in several sectors, such as telecommunication and energy supply, and then spread to the pharmacy sector. Needless to say, to set an appropriate balance between regulations and freedom of economic initiative is a difficult craft that involves complicated political, social and economical evaluations and pressures. It is also necessary to observe that the economic player's pursuit of profits is in conflict with the wider (and conflicting) range of a State's interests and duties, for instance regarding the protection of consumers' health.

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To set an appropriate balance between regulations and freedom of economic initiative is a difficult craft that involves complicated political, social and economical evaluations and pressures. In a continuously changing juridical landscape, such regulations are constantly challenged, making this specific field extremely interesting to research and study. We cannot reduce the question of economy to a simplistic formula, the number of scripts, as a determinant of productivity, relative to turnover, which often is a proposition we have come across. In the future we hope to see more work on an international level that examines and assesses the value and society’s need for pharmaceutical services.

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International Focus Programme

Conference on Euthanasia

A wholly Italian problem Euthanasia, the deliberate act of causing death to the advantage of the patient, is a controversial and much debated issue in Italy.

In April, in Milan, we debated about this topic with a lawyer, an anestheMagali Prunai tist doctor, a medical examiner and Vice President for Academic Activities Beppino Englaro, father of Eluana, a ELSA Milan girl who was allowed an end to her life only after 20 years of deep coma. Euthanasia allows putting an end to a life that has been compromised by a serious illness, making a good quality of life unattainable. Historically, the term euthanasia was introduced by the English philosopher Francis Bacon in 1605 with his essay “Of the Proficiency and Advancement of Learning”. He invited doctors not to abandon patients with incurable diseases, and to help them instead, in order for them not to suffer. He wrote about the concept of “good death” which meant that the doctor would have to help the patient die painlessly. The modern concept of euthanasia was founded in 19th century, when the term took the meaning of a non-reprehensible practice of mercy killing. During the conference, attention was put on the concept of moral righteousness of the administering death, born with Hippocrates and his Oath. Whatever you might want to call it, euthanasia still remains an assisted suicide; an ugly word that unfortunately carries the whole sense of all debates on it. The speakers talked about the free choice of the patient to end his life, and about what our State allows them to do, and what it does not. In Italy we cannot decide, we cannot leave a writ detailing what we want to be done to us in case of a deep or irreversible coma, or if we suffer of a serious disease, 36

like muscular dystrophy (an incurable genetic neuromuscular pathology, causing a progressive and ever-increasing atrophy of skeletal muscles). In our country we have had two examples that summarised very well our problem about euthanasia: the case of Eluana Englaro, a girl who was caught in a devastating accident and went in an irreversible coma. She previously had expressed to her parents her belief that a vegetative life isn't proper life, and she asserted that she would never want to struggle in such conditions. She told them so after she visited

"Euthanasia is a controversial and much debated issue in Italy but not only. Euthanasia is the deliberate act of causing death to the advantage of the patient." a comatose friend in hospital. She had witnessed some very aggressive therapy her friend was being administered. She considered it as forcing people into a life that already has ended a long time ago. The other example is about a person who had no strength to fight anymore. Piergiorgio Welby was affected by muscular dystrophy and asked the State to be allowed to die. The doctor who helped Welby to die has been charged with murder, and eventually found not guilty. Neither the judiciary nor the legislative, though, have been able to give a definitive


International Focus Programme answer to the question: is euthanasia a help in ending someone's suffering, or is just murder, or suicide? During the debate, the students have learned the difference between active and passive euthanasia, the official position of the various Italian cabinets, the uncertain legal outlook, the radical opposition of the Italian Catholic Church. In short, how an ethical and philosophical debate deals with this issue, affecting everyone's life. The conference, organised by ELSA Milan and the medical students’ association, proved quite successful, spurring a vigorous debate among prospective doctors, lawyers, and judges; the very people who will be tasked with deciding about the admissibility or not to an artificial end of life, or with administering euthanasia directly. To conclude, all the speakers have supported similar positions: doctors in Italy tend to consider the issue almost as a purely medical question, while to lawyers and judges it is more of an ethical matter. However, the doctors' point of view is still connected indeed with an ethical issue: is euthanasia really a way for the patient to die painlessly, or is just an act of suicide, as the Catholic Church claims? At the end of the debate we could understand that the speakers are very heated between the two positions. Not so much because they think Church’s position is available, but because as well as being doctors they also are humans and their consciousness is an important part of their life. The line between helping someone to end their own suffering and killing is very thin. Doctors ask jurisprudence to spare them from such a difficult subject, with cogent and

SYNERGY magazine

punctual judiciary rulings. Lawyers and judges face the worst part of the job. Lacking specific laws, they have to decide when the border between caring for the patient and murdering him is trespassed, and when it is not. Judges, by definition, are a third party in a judgment, and they have to rule while staying on neutral ground: but it is impossible to guarantee they can stay unbiased and impartial when having to decide on such a controversial and debated topic. Ruling about something that is on everyone’s lips is not easy, even for those who are sworn to be impartial. And now we arrive to the hardest bit to deal with: the public opinion. In these situations, the media act as loudspeakers on the public and they contribute to inflame people’s curiosity.As Beppino Englaro stated, in such cases, the media can be also help to divulgate the issue, and have it debated even at the topmost social levels. So, thanks to the media and their divulgation – although sometimes a little bit exhausting for the public - it will be possible to conduct a careful analysis of the situation in Italy and in Europe. So, people who had never thought about the issue before will likely discover that in many European countries euthanasia is not considered as murder, but it is allowed within some legal limits and regulations. Hopefully, our country will follow the example of other European countries, which already addressed this issue and settled on a viable solution between the self-determination of the patient and the extent of criminal responsibility. So far, a healthy discussion has begun: we shall see what the future reserves for us.

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Multilateral Study Visit

Multilateral study visit to London

Jack the Ripper and the phone tapping scandal 25 students from ELSA Cologne, ELSA Bergen and ELSA Graz went to London for interesting study visits and an exciting city tour in order to bring ELSA members from different countries together

“Who else wants to try the wig on?” – another one of ELSA’s famous theme parties? Not this time. This wig was 60 years old, made of horse hair and bought in one of the few specialist shops around Fleet Street in London, just around the Royal Court of Justice.

Oda Linneberg Uggen

Philipp Gnatzy

Vice President Academic

President

Activities

ELSA Cologne 2011/2012

ELSA Norway

maica, Cyprus or Bermuda. In certain circumstances the judges of the Supreme Court, formerly the law lords of the House of Lords are asked to decide as a final instance on questions of law from various commonwealth countries.

Brought back to London by a hefty In the beginning of May, 25 students from ELSA Cologne, storm we arrived a little wet at another talk with a typiELSA Bergen, ELSA Graz and ELSA Vienna went on a Mulcal English lawyer: a partner at one of the city’s law firms. tilateral Institutional Study Visit to London to learn more Gathered in a nice conference room on the 7th floor of a about the common law system, see London’s famous sights building right opposite the Gherkin we first received a talk and meet ELSA members from other about the typical structure and tasks Local Groups. The tour about the tra- "Language barriers that kept of an American law firm in London. ditional English legal system started Besides the expected financial and corthe groups in their national at its newest institution, the United porate deals he told us about pro bono Kingdom Supreme Court. During cliques could not be a prob- activities and the Public International a comprehensive tour through the Law department at Latham & Watkins. building we did not only learn about lem any more and all 25 stu- In order to tell us a little more about the transformation from the House of dents happily skated through the career path in London, a trainee Lords into the a new more independfirst introduced us to the English trainthe arena as one big group." ent and stronger court at the top of ing system and then to his co-trainees Britain’s court system, but also had the who took some time off to answer all chance to sit in two different hearings. One of them dealt with our questions over coffee and cupcakes. the phone tapping scandal, which might change the whole media sector in the UK. Some of the ELSA students had already been acquainted to the life as an English law student during an exchange year The other hearing was conducted by the privy council, the but even to them it was completely new that it is possible highest court for former English dependencies such as Jato become an English qualified solicitor with a continental 38


Multilateral Study Visit Temple Inn tutors future barristers and sponsors their courses at the professional schools. They also offer professional skills courses where famous barristers take out time to coach barrister students in advocacy skills, most important for pleading in front of the UK’s highest courts. There the wigs are still worn by all barristers. As one of Britain’s oldest professions existing since the early 1200s, not only the traditions that are kept up high, tell you the importance of barristers. Also the buildings of Middle Temple Inn tell a few stories. In order to breathe in that feeling, the ELSA members were exceptionally allowed to take a three-course lunch in the Inn’s dining hall and try on one of the wigs. law degree. “But what exactly is a solicitor?”, asked many. The complete answer however should only be found the next morning. One of the major goals of this trip was to bring together local ELSA members from various groups. The full achievement could be seen a few hours later at the Roller Disco in Vauxhall. Everyone had to get a pair of roller-skates and off the party went. Language barriers that kept the groups in their national cliques could not be a problem any more and all 25 students happily skated through the arena as a big group. This communal feeling did not change during the next day either when we started at the Middle Temple Inn – one of the four Inns of Court. The Head of Education started her speech by asking how much we knew about barristers and solicitors. Seeing mostly blank faces she decided to explain the details.

The Network attracts people who have an open mind and who share ELSA values. Although the legal education systems in Norway, Germany and Austria also vary, hardly any of the students knew that there are two major legal professions in common law, where one lawyer – the solicitor – gets in contact with the clients and another lawyer – the barrister – takes the case on to court. Whereas law firms are responsible to train solicitors, Middle SYNERGY magazine

In the afternoon we visited another law firm in the city, this time a typical English one. After an interesting debate with one of the partners who described her career path in a profession formerly dominated by men, we went on an office tour to discover that a fully equipped library cannot only be found at university. During our visit at University College London (UCL) the library could not be shown as too many students were studying for their exams. Despite that, the picturesque buildings of UCL and the lively atmosphere gave us an idea about how studying there would be like. Furthermore there was a lot of information about studying at UCL or in London. To round up our legal tour through London we visited Westminster Parliament to find out more about the lawmaking process and history of Europe’s oldest parliament. Another great way to do sightseeing in London proved to be the "Jack the Ripper-tour". As the title suggests, this tour contained quite an amount of gastly details of the brutal murders, but also surprisingly well-intertwined London history in a part of London one wouldn't usually visit when going there for a couple of days. After the tour, a pub evening again showed how quickly ELSA creates new friendships despite borders and language barriers. Admittedly, the dominating blond hair made it hard to tell whether someone came from Austria, Norway or Germany but that did not matter anymore. All in all, a multilateral study visit qualifies as an ultimate ELSA-activity. All local members saw what is great about ELSA: The Network attracts people who have an open mind and who share ELSA values. We all fit the same wig. 39


ELSA Delegations

ELSA Delegation to UNCITRAL

"A life time experience" Daniela Gazova about the ELSA Delegation to UNCITRAL, United Nations Commission on International Trade Law

When the world trade began to expand dramatically, national governDaniela Gazova ments across the world realized the Vice President STEP need of global set of standards and ELSA Banska Bystrica rules to harmonize and modernise regulations that govern international trade. This led to establishment of United Nations Commission on International Trade Law, as the core legal body in the field of international trade law. Getting an insight about work of international organisation itself is undoubtedly invaluable experience for any law student. Recently, when business environment has been undergoing dynamic changes, students, as potential lawyers have to adjust their focus and knowledge to the latest changes. Therefore, being appointed as ELSA delegate to UNCITRAL

immediately happened my upmost interest. First point of my excitement was due to organisation itself. After more than half of a century of UNCITRAL´s existence, it has become even more important than ever before. Globalisation and widespread cross-border transactions brought a need of a harmonized legal regulation. Comprising representatives of the world's various geographic regions to promote their principal economic and legal systems in order to remove obstacles to the flow of international trade, UNCITRAL can be barely compared to any other body of similar nature. Most recognized professionals from the world are connected there to create adjustable rules for international transactions. What made it even more attractive to me was the fact, that this organisation issued convention (CISG), which is my thesis topic. Learning about how these documents are adopted and speaking to people who actually observed and influenced its adoption and amendments provided me with useful information and authentic overview. In addition to this educational element I was absolutely amazed by UNCITRAL´s multiculturalism and even more by the cooperation of the representatives from all over the world. Their diversity positively affects quality of issued documents, because of heterogeneity of their notes and objections. It was usual practice to sit with more than 30 nationalities in one room. Delegates were divided into Working Groups, where they could express opinions

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ELSA Delegations through detailed consultations and negotiations. Adoption procedure proceeded very slowly because of the due care representatives paid to any article and due to Mr. Chair, who took care of everyone´s points to be heard and considered equally. Overall atmosphere in the conference rooms reflected basic principles UN stands on, i.e. tolerance and mutual respect to diversity of nations, religions and any other differences.

binding on the parties to the extent that domestic law allows. It was pointed out that the aim of the Working Group was to craft a global system which could be suitable for use by all the regions.

Last but not least, the city, where session took place was an extra tempting bonus, especially for someone like me, who had never been in the USA before. Being accommodated in Manhattan, I authentically experienced “city that neOne thing I was surprised ver sleeps”, surrounded by I believe that one day, we will exploit crowds and oversized flasabout was friendly approach of participated commercials, eating them for quicker dispute solution and chea- hing representatives. Most ackburgers, shopping cheap per way of consumer´s rights protection. This designer clothes, getting in nowledged delegates from ministry of justice, foreign taxis (as New Yorwas definitely one of my best life experiences yellow affairs, various chambers kers do as part of my “to and organizations treated do list”) made it even more and biggest challenge at the same time.. us as equal colleagues, not enjoyable. Furthermore, I students. We discussed saw Broadway Bridge, Stamany topics, especially during consultation breaks varying tue of Liberty, Wall Street, Empire State Building, which are from legal issues through their experience to our future plans sights and places I had known just from the movies and had etc. I am not sure if it was caused by the combination of prinever thought to see them in reality. However, I would never vilege going through entrance for representatives (not visitors) enjoy the city that much without company of my lovely deor excitement of Chinese tourists, when taking pictures with legates. our delegation but I guess that all made me feel very distinguished, definitely much more than I actually was. All after all, I am grateful to ELSA for being chosen and for the possibility to participate and observe beginning of theAnother thing that impressed me was the most contemse rules adoption. I believe that one day, we will exploit them porary topic of the session: “Online dispute resolution” for quicker dispute solution and cheaper way of consumer´s (ODR) for cross-border electronic transactions. The intent rights protection. This was definitely one of my best life exof the prepared rules was not to effect a change in domestic periences and biggest challenge at same time. Besides of the laws on a global scale, but to provide a practical modern avethick line to be added to my CV, I will never forget stories that nue — which in practice does not exist at present — for the would have never happened to me and people I would have quick, simple and inexpensive resolution of low-value crossnever met if I wasn´t there. border disputes, matters for which it was not generally practicable to bring an action in the courts. This in itself was said to It does not matter if you share my excitement or not, delebe in general a benefit to consumers who, if the ODR system gations, such as this one, are unique experience for everywas fair and effective, would likely not use domestic courts for one, including those looking for adventure and even those such cases. working on their personal growth. From a variety of institutions ELSA cooperates with and amount of topics sessions are It was agreed that the rules being drafted will be of a conabout, everybody can find what is he interested in. I recomtractual nature, applied by agreement of the parties, thus mend everyone to apply for these delegations and I wish you the best luck on being selected and having an amazing time! SYNERGY magazine

41


ELSA Delegations

ELSA Delegation to China and WIPO

Legal Challenges on Energy and Environment

importance was recognised “Excuse me, you are not later on in 1996 by a DiploChinese: where are you Marzia Carla Iosini Alicia Dzuryk Efe Tanay VP STEP ELSA Istanbul matic Conference, audiovisual from?” Just a second of hesita- Academic Coordinator for ELSA Gdansk 2011/2012 performances were not includtion and we all answered with Delegations to Wipo ELSA Int. 2011/2012 ed in the WIPO Performancone voice: “We are from Eues and Phonograms Treaty rope!”. Another person asked: (WPPT) signed in that occasion. “What are you doing in Beijing?” This time without hesitation we replied: “We are representing the European Law Students’ AsAfterwards, in 2010 a Diplomatic Conference was convened sociation!” in Rome and an agreement on nineteen articles of the draft Treaty on Audiovisual Performances was reached. The text was Those were the first words we exchanged with Chinese peorevised again in the following years during the sessions of the ple once we landed at the Beijing Airport: we, Alicja, Efe and WIPO Standing Committee on Copyright and Related Rights Marzia,had travelled to Beijing to represent our Association at (SCCR) in Geneva,in which also few ELSA delegates took part. the WIPO Diplomatic Conference on the Protection of AudioFinally, delegates from all the hundred-eighty-five Country visual Performances from 20th to 26th of June 2012. It was not Members of WIPO, as well as Representatives from Non-Govour first time with an ELSA Delegation since we had already apernmental Organisations (NGO’s) which have an observer status plied for delegations to WIPO in Geneva. -However, this time at WIPO, were invited to Beijing. everything was different, because we had been appointed to act on behalf of our European Association in a country on the other In fact, the need to compensate the lack of legal protection for side of the world. actors works all around the globe was becoming even more urgent with the advent of the digital era. This brought into The Diplomatic Conference was opened with a grand cerlight new methods of copy and, as a consequence, unlawful uses emony held at the China World Trade Centre by members of audiovisual performances. Even though a long time had passed of the Government of the People’s Republic of China, the Naby without being able to sign the Treaty, the draft could show one tional Copyright Administration and the Director General of the particular merit. This was namely to be the first WIPO Treaty WIPO, Mr. Francis Gurry. The atmosphere was the one you feel implementing the recommendations contained in the WIPO in important events: a cheerful cooperation for signing the Treaty. Development Agenda that was adopted by the General Assembly Unlike phonograms which had already been granted protection of WIPO in 2007. The aim was to stress the role of Intellectual by the Rome Convention signed in 1961, audiovisual perforProperty as a tool for economic and social development for which mances were not yet protected by the WIPO. Even though their 42


ELSA Delegations

WIPO dedicates a specific Committee (the Committee on Development and Intellectual Property, CDIP), in which ELSA has an observatory status as well. After the opening ceremony, the Conference started with the election of the President (Mr. Liu Binjie) and the Vice-Presidents. Afterwards, the floor was given to the distinguished Delegates, followed by the Representatives of NGO’s for the opening statements. Many Delegates made it obvious that they were ready to make compromises in order to find consensus. The atmosphere of mutual respect and kindness could be felt during the whole week, in which the work of the Conference proceeded through meetings. They were alternatively held by the Main Committee I, the Main Committee II, the Credentials Committee and the Drafting Committee, or by the Plenary. To the latter all the four Committees had to submit repeatedly the results of their efforts.

Republic of China, on Tuesday, June 26th 2012 the Signing Ceremony took place and delegates were invited to sign the Treaty. Forty-eight Countries signed the Treaty and one- hundred-twenty- two Countries (plus the Representatives of the EU) signed the Final Act. The Diplomatic Conference was so successful due to perfect organisation. In fact, we also had the opportunity to attend a WIPO Awards Ceremony joined with the Opening of the fourth China International Copyright Expo. Moreover, the Conference was enriched with amazing Chinese performances such as acrobatic shows, opera and concerts. In every situation the People’s Republic of China together with the National Copyright Administration and WIPO did their best to make us all feel like home and every Delegate was treated as an honourable guest.

"The atmosphere of mutual respect and kindness could be felt during the whole week, in which the work of the Conference proceeded through meetings."

After days of comments, rejections and corrections the Treaty took its last shape. The Committee ended up on Sunday evening with an unforgettable applause for all those who had given a big effort and waited for the signing of the Treaty for years. The performers in the room seemed the most excited because the Beijing Treaty would change their lives and make their work appreciated and respected. Then, after a free day in which a trip to the Great Wall was organized by the Government of the People’s SYNERGY magazine

Our special thanks go to the Director General of WIPO, Mr. Francis Gurry and to the staff both of WIPO and the Copyright Administration of the People’s Republic of China for always answering our questions and providing us with the safety documentation. Participating in an ELSA Delegation in Beijing was definitely an unforgettable and educational experience for all of us. We are looking forward to sharing our experiences with the ELSA Network and to visiting China again. 43


Summer Law School

Summer Law School in Vienna

A contribution to the largest law students' association in the world For the first time in its 31 years of history, ELSA hosts an international Summer Law School in the beautiful and vibrant capital of the historical Habsburg monarchy. Writing as the final preparations are taking place, this text gives you an exclusive insight in this unique event.

Adi Bikic Director for Summer Law Shools ELSA Vienna

At the time of writing, the ELSA Law School on Dispute Resolution is still one week away, even though I am working on the realization for almost one year. As you might imagine, my excitement knows currently no end.

However, it all began in last fall. Inspired by the excellent 7th ELSA Summer Law School in Istanbul, I have formed the ELSA Vienna Law School Team although I had no experience organizing any event. But the aim was always clear: to spread the ELSA Spirit. Fortunately, it turned out to be the biggest ELSA project in Austria since the Anniversary ICM in 2001. After ELSA events, the participants are usually talking about the famous spirit. This mood, popularly called ELSA Spirit, is the outcome of a fantastic combination of academic and social activities with internationally minded students. And although everyone can feel it at any event, the spirit itself is only defined by what the respective participant(s) feel, think and do. First things first, The European Law Students’ Association (ELSA) was founded by and for law students in 1981. Thirty one years later, ELSA is the world’s largest independent law students’ Association, represented at more than 300 law faculties in 41 countries. 44

"...arbitration, mediation and other types of alternative dispute resolution are becoming increasingly important, especially in an international context."

During the years, ELSA has developed a series of standardized events in order to provide opportunities for law students and young lawyers to learn about different cultures and legal systems. A Summer Law School is usually a seven days lasting event with at least 20 hours of academic program and mostly international participants. In addition, a social programme is regularly provided in which the participants get to know more about the cultural richness and social life of the hosting city. Currently, the Network offers around 12 different schools all over Europe, from Istanbul in the south-east over Brasov to Rotterdam in the north-west as well as from in the south-west Lisbon over Nantes to Vilnius in the north-east. ...and the number is increasing!


Summer Law School Disputes are in the focus of nearly every legal activity. The classic dispute resolution method used by lawyers is litigation. Recently, arbitration, mediation and other types of alternative dispute resolution are becoming increasingly important, especially in an international context. Nevertheless, most European universities still do not pay as much attention to this very topic as they should. Therefore, we have decided to provide an opportunity for all ELSA and ALSA members to learn more about the different dispute resolution mechanisms. The European Law Students Association (ELSA) and the Asian Law Student’s Association (ALSA) are independently working student associations focusing on two different continents. However, the ELSA Vienna Law School Team decided to invite ALSA Members in order to enrich the Law School with different cultural and legal backgrounds. As a result we received applications from Japan, India, Indonesia and Taiwan. It took 10 days to analyze the almost 200 applications from over 30 countries (from Europe, Asia and even Africa) we started analyzing the group and the possible dynamics, the relation between males and females and the age of the participants. Faced with more highly qualified applications than we have room to admit, the ELSA Vienna Law School Team took great care to choose 43 students and young lawyers with unusual academic and extracurricular strengths. “International ELSA events are always great opportunities to improve your skills”, would Prof. Martin E. Risak say – an ELSA Alumni, today an expert in Labour Disputes who will also speak at the ELSA Law School in Vienna. I believe that we received that high amount of applications because of our extensive marketing champagne, the easy accessibility of Vienna and (hopefully) most importantly because of the outstanding programme we have offered. To be more concrete, the participants will get a thorough overview of different dispute resolution techniques (litigation, arbitration, mediation and negotiation) and their speSYNERGY magazine

cific characteristics. Further, an insight into sociological and psychological aspects of conflicts will be transmitted. This knowledge will be conveyed by leading experts known throughout Europe The academic program will be complemented by unforgettable personal experience, new friendships, cultural exchange and a lot of ELSA Spirit! We always strive to enrich this event with students from different cultural and legal backgrounds and to pave the way also for those who are from economically weaker regions. Further, we had to meet the ELSA International requirement in regard to the maximum daily fee which covers at least board and lodging. At the same time it was our goal to organize an outstanding academic and social program in Vienna. Besides the financial support of the Viennese law firms, the Law Faculty of the University of Vienna provided us with the necessary spatialities and four of the overall 10 speakers. Last but not least, we are also very proud on our cooperation with the Queen Mary School of Law (University London), a partner of ELSA International, who approached us and offered to send Dr. Stefan Kröll as a speaker. ELSA is a truly unique platform which enables students to organize and participate in various events and improve their skills and friendships. Therefore, if you have an idea, realize it! Thereby always keep in mind that “whether an idea becomes a reality or not, does not depend so much on whether it is possible - but on how great the desire for it is” (Edmond Danken Sailer). This event would not have been possible without the support of a great organising committee headed by Tobias Birsak and comprised by Clemens Hartig, Theresa Bernhardt, Alice Stocker, Lisa Winkelbauer, Sebastian Karas and Victoria Abplanalp. Thank you! 45


Summer Law School

Summer Law School - "International Law and Arab Spring"

A global wave dispatched in law and society A new, official beginning of an annual ELSA event took place on the 22nd of July 2012 – the Summer Law School in Rotterdam, the Netherlands.

Truth being said, this event started out of scholars, like historians, Arab specialwith an immediate vision of its future ists and civil society experts. Marko Jordacevic Loes van der Graaf shape. Back in the summer of 2011, in Vice President Seminars & Organising Committee which the first edition of the Summer Conferences Together with this combination we ELSA Rotterdam Summer Law School was organized, the way was ELSA Netherlands 2011/2012 Law School 2012 wanted to achieve a week with difpaved for its annual nature in its future ferent perspectives, which could be years. Its regular offer was to be highly based on an actual brought within the mindset of a typical law student from topic; the focus of this years’ second edition was on the major our vast ELSA Network. By adding more views and profeshappenings evolving around the Arab Spring, its humanitarisional perspectives to the main storyline, we have tried to an, sociological and especially highlight the true background legal points of view, from its "The overthrowing impact of the Arab of the variety of conflicts that starting sparkle until its end inflicted during the period Spring on the global civil society in this of the Arab Spring, in which that has not been reached by some, until this day. part of the world, flawlessly suited ELSA’s many countries in the Middle East were experienctrue origins as a law students’ association." ing constitutional changes in The overthrowing impact of the Arab Spring on the their societies. global civil society in this part of the world, flawlessly suited ELSA’s true origins as a law stuIn order to break the ice between the participants and to dents’ association with of course, a strong international flavor ease up things a bit, we introduced a quiz on general ELSAwith a deep interest for human rights in general. knowledge, together with a magnificent ELSA-cake that was specially ordered for one of the participants, whose birthday All of its organisation, human resources management, acait was on that exact day! A main introduction about the week demic addition, the main ELSA Vision and highly fostered and the general idea of the Summer Law School was planned expectations, could barely predict the success of this week. in the first morning hours of the event.. A lecture about The organising committee of the Summer Law School aimed some misconceptions about the Arab Spring followed closely. to strike a clear balance between the academic program and This was also the perfect moment for a debate the social program for its participants. By creating this balance between the lecturer and our participants that led we also visualized a greater diversity in speakers for the acato a variety of different perspectives and opinions on demic program; next to law practitioners, we invited a variety the main topic.

46


Summer Law School

Deeper into several legal aspects of the issue was emphasized in the day-after; especially the role of the United Nations. After the university, we went to The Hague, our very own legal and political capital. We visited our Ministry of Foreign Affairs, the Humanity House and of course we have seen the Peace Palace. Our visit to The Hague could not have been complete without getting our feet wet at the beach!

Friday was the last official academic day. The day started out with a lecture about international humanitarian health law in the Arab World - regarding the incidents with doctors getting arrested for helping rebels – which meant that even here, our very own International Focus Programme topic returned greatly. After that, a journalist showed us his documentary about the elections in Egypt and debated about this with our participants.

In the following day at the premises of our home university, a lecture about women’s rights in both the Arab World and Europe emphasized once more the importance of human rights, highly fostered by ELSA. Further on, we had a lecture about European Law, regarding the Arab Spring. The third academic activity of this day was voted the best! Two refugees from a Dutch refugee organisation gave us a workshop about being a refugee. This meant that they not only told their own stories, but also gave us the assignment, in groups, to flee from a specific country. The Organisation Committee completely failed to get from Pakistan to Europe without any passports or visa!

Of course, our Summer Law School did not consist of just academic activities. On top of this all; our very, very difficult ELSA quiz, and decent load of get togethers, a barbecue, a Dutch brunch In other words, a lot of ELSA Spirit!

European migration policy – related to the outflow of refugees in the Middle East and Northern Africa, was closely presented to us in the next day. The high academic level of this morning led us to catch the train to Amsterdam, added up to the broad program for our participants. We received a great presentation from the highly valued organisation that is Amnesty International, in addition to a tour and enough free time to explore the city.

We want to use this opportunity to thank this year’s participants, again, for their participation and ELSA Spirit and we are looking forward to next year!

SYNERGY magazine

We are proud to announce that our Summer Law School was graded 8.8 (out of 10) in our anonymous evaluation forms and we had a lot of positive reactions afterwards. While you are reading this, we have already started with the organisation of ELSA Rotterdam’s Summer Law(/Love) School 2013. We won’t share the topic with you yet, but keep a close eye on the ELSA Rotterdam Facebook and website.

47


The ELSA Network

ELSA Cyprus, a new National Group in the ELSA Network

“Alone we can do so little; together we can do so much.”

The importance of unity and team effort has always been essential for the very existence of the Universities in Maria Pavlou Cyprus, from their establishment to Vice President Marketing their development and progress. Law ELSA Cyprus Departments in particular are constantly involved with various academic and social activities. Many educational and legal conferences were organized and launched as the result of cooperation between law Professors and students, educational students’ visits were held at the European Court of Justice in Luxembourg.

newly elected National Board worked intensively along with the international guests during their stay in Cyprus in order to gain general ELSA knowledge, to get familiarized with the Network and to develop skills needed for the promotion, expansion and reinforcement of ELSA.

The next step was the organisation of the first National Council Meeting which was held in April 26, 2012, during which the first National Board of ELSA Cyprus was elected. Two months later, ELSA Cyprus was more than happy to welcome to Cyprus two of the members of the International Board former President Niousha Nademi and former VP STEP Irakli Samkharadze. The board members came to Cyprus with the purpose of training us. The members of the

In conclusion, I would like to stress the fact that it is with great enthusiasm that we form part of this brilliant Network. Furthermore, having heard nothing but exclamations of enthusiasm about the ICM experience, from our President, we all wish to participate in as many of them as possible. All in all, we are looking forward to a fruitful cooperation, indelible memories, friendships and memorable moments!

During our training week, which was rewarding to say the least, we were committed to implement all the knowledge we gained into our forthcoming plans and events. ELSA Cyprus has already published an article in a leading newspaper to spread the word about ELSA. In the same vein, our next task is to effectively cooperate with our fellow Turkish-Cypriot The impetus to launch ELSA actually came from our curlaw students and we are already really glad to observe the conrent President, Ms Agathi Trakkidi, who suggested the fortinuous and growing concern. Moreover, following our One mation of an ELSA Cyprus Year Operational Plan, we National Group through a have initiated taking all the All in all, we are looking forward to a presentation about the Eunecessary steps so that, by ropean Law Students’ Assoend of this year, we manfruitful cooperation, indelible memories, the ciation, its multidimensional age to open two traineeship friendships and memorable moments! action and functions, held positions in Cyprus. In adat the University of Cyprus. dition, our events agenda for After a joint decision, Ms 2012/2013 includes promoAgathi Trakkidi went to Algarve, Portugal worthily representtion of health law projects though recruitment of a research ing ELSA Cyprus at the International Council Meeting where group to prepare a case study on medical negligence in Cyprus the initiator group of ELSA Cyprus being eventually awarded to be published in a law journal, as well as the organisation of with Observer status. ELSA Cyprus became officially a reality! a legal debate on the same topic.

48


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The ELSA Network

ELSA United Kingdom gained full Membership in ELSA

ELSA UK is now ready to be an active member in the ELSA Network! ELSA United Kingdom gained full membership of ELSA on the International Council Meeting in Algarve, spring 2012.

New Picture

As the President of ELSA UK for 2011-2012, I had the privilege of Siddharth Fresa seeing our National Group become President 2011/2012 a Full Member of ELSA at the latest ELSA United Kingdom International Council Meeting held in Algarve in March 2012. Through a joint effort of all the ELSA UK Board Members and several months of preparations, ELSA UK’s Observership finally came to an end as it was (almost) unanimously accepted by the Network as a Full Member of ELSA.

law degree and rebuilding ELSA UK was no joke, I can assure you. Secondly, I was increasingly uncertain of whether ELSA UK would actually be successful. Even after we finally submitted the Membership application I kept asking myself “will we make it?” ICM Algarve was indeed a success and for that I must thank my fellow National Board Members, the former International Board and all the National Groups that supported ELSA UK throughout the preparation of the application. ELSA UK is now ready to be an active member of the ELSA Network. Finally, I will try to answer the question that I asked myself when I started to write this short article: “What did it mean to me?”

My ELSA experience was brief but immensely sweet. My adventure started in Leicester where, with the help of an amazing group of friends, I contributed to the creation of what, shortly after, became the biggest I will be honest, the first thing ELSA Local Group in the UK. However, it was not until my first "I must thank my fellow Na- that came to my mind after the results of the voting were read out ICM in Palermo that I really retional Board Members, the was: “hmmm, I wonder who castalised what I had gotten myself into. After that amazing experiformer International Board ed those three ‘Against’ votes…” ence and after learning that it all Nevertheless, my momentary sadand all the National Groups ness for the lack of unanimity was would have come to an end if ELSA UK did not become a Full that supported ELSA UK" quickly replaced with the realization that we actually had made it! Member at the next ICM, I decided that I wanted to be involved My ELSA journey ended this and I ran for the vacant position 31st of July as my successor began her term but I truly hope of President of ELSA UK’s National Board. to continue to be involved in this wonderful Association that The months that followed my election were probably the has given me so many fond memories and I wish ELSA UK’s toughest of my university career. Firstly because balancing a new board great success in their future endeavours. 50


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Synergy Magazine 52  

Synergy Magazine, the members' magazine of ELSA.

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