Magazine of The European Law Students' Association
No.48 路 II-2010
ELSA Moot Court Competition
Facing the global challenge, p.10
The founding of ELSA, p.30
The new focus, p.36
Accession of the EU to the European Convention of Human Rights
Filling the gap, p. 20
About ELSA The European Law Students' Association, ELSA, is an international, independent, nonpolitical and non-proďŹ t-making organisation comprised and run by and for law students and young lawyers. Founded in 1981 by law students from Austria, Hungary, Poland and West Germany, ELSA is today the world's largest independent law students' association.
hesitate to visit Synergy Online
A just world in which there is respect for human dignity and cultural diversity.
Purpose To contribute to legal education, to foster mutual understanding and to promote social responsibility of law students and young lawyers. Means
To provide opportunities for law students and young lawyers to learn about other cultures and legal systems in a spirit of critical dialogue and scientific co-operation. To assist law students and young lawyers to be internationally minded and professionally skilled. To encourage law students and young lawyers to act for the good of society.
ELSA is a unique and growing Network of 30 000 law students and young lawyers from more than 200 universities in 41 countries across Europe. ELSA currently has members and observers in: Albania, Armenia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kazakhstan, Latvia, Lithuania, Luxembourg, Malta, Montenegro, The Netherlands, Norway, Poland, Portugal, Republic of Macedonia, Romania, Russian Federation, Serbia, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine and United Kingdom. Furthermore, ELSA co-operates with other student organisations across the world, for instance ILSA in North America, COLADIC in South America, ALSA in ASIA, ALSA in Australia, ALSA in South Africa and AEJCI in Ivory Coast.
ELSA International in Brussels, Belgium produces Synergy. The articles are contributions from students, young and experienced lawyers as well as academics. The articles are edited at the discretion of the Editors. Please do not www.elsa.org/aboutelsa/publications/synergy Contributions Synergy is published twice a year for ELSA's members in 41 countries in Europe. Would you like to contribute with articles or pictures for the Magazine? Please contact ELSA International for further information and guidelines. Advertising Would you like to advertise your courses, services, company or products, please do not hesitate to contact ELSA International in Brussels. Rates are available upon request from: firstname.lastname@example.org
Editor Laurits Ketscher eLsA International Phone: +32 2 646 26 26 Fax: + 32 2 646 29 23 E-mail: email@example.com Website: www.elsa.org
ELSA International's Corporate Partner
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ELSA's members are internationally minded individuals who have experiences with foreign legal systems and practices. Through our activities such as Seminars & Conferences, Academic Activities and the Student Trainee Exchange Programme our members acquire a broader cultural understanding and legal expertise.
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Our Special Status
ELSA has through its activities and commitment within the international community gained a special status with several international institutions. In 2000, ELSA was granted Participatory Status with the Council of Europe. Furthermore, ELSA has Consultative Status with several United Nations bodies; in 1997 ELSA obtained Special Consultative Status with UN ECOSOC, UNCITRAL, in 1994 ELSA was granted Consultative Status in Category C in UNESCO. ELSA also has recently obtained Observatory Status with WIPO. In addition, ELSA has a co-operation agreement with UNHCR and co-operates with ICRC and all the European Institutions.
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ELSA International's Marketing & IT Partner
Marraine & Patron
Maud De Boer-Buquicchio (Marraine of ELSA) The Deputy Secretary General of the Council of Europe.
ELSA Media Partner
Chang-fa Lo (Patron of ELSA) Professor of Law, National Taiwan University College of Law. Director, Asian Center for WTO and International Health Law and Policy of NTU College of Law
This project has been funded with support from the European Union. This publication [communication] reďŹ‚ects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein.
Laurits Ketscher Vice President Marketing ELSA International
You are holding in your hand the 48th edition of Synergy, the members' magazine of The European Law Students' Association (ELSA). Change happens every year in ELSA, new dedicated students take officers' positions and start planning their term. For ELSA International it is the same, I am writing now as the current editor of Synergy for the term 2010/2011, and in one year there will be a new person greeting the readers.
This dynamic is what is keeping our association alive and well functioning, the dedication of our members and our partners make sure that Synergy has articles related to all aspects of the activities we find in the organization, as well as academic ones. This edition is dedicated to the accession of the EU to the European Convention of Human Rights, which has been worked Pub7081 ELSA Ad v1_Layout 1 07/09/2010 09:39 Page 1
on for the past thirty years. But also for ELSA as an organization, this year brings changes as we are facing a new International Focus Programme topic, Health Law, and our 30th anniversary in 2011. Synergy is an important tool for information about ELSA activities to ELSA members, alumni, partners, people interested in the work of an international student organization, and anyone that wants to learn more about ELSA. I would like to thank all the people involved in the making of this edition, from members to partners, and to my amazing board, without all of your hard work and dedication, this project would not be possible. I hope you will enjoy this edition.
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www.law.qmul.ac.uk synergy magazine
Accession of the EU to the ECHR Interview with Johan Callewaert
Delegation to New York Wormens equal opportunities
International Board 2010/2011
Expansion of ELSA
ELSA Moot Court Competition on WTO law
ELSA and AIESEC cooperation
No Poor Health for Poor People
Becoming a lawyer in 2010
STEP in ELSA Cordoba
Interview - Accession of the EU to the ECHR
Study visit in Milan
Delegation to CSW
ICM Poznan - 30th Anniversary
The founding of ELSA
Organising a Regional Round
Visiting Wronki Prison
Health Law - The new focus
The story of an ELSA Delegation
The International Team
Discovering China - Law School
Finding the ELSA spirit
ELSA House Training Week 2010
ELSA Ukraine - One STEP ahead
Life after ELSA
ELSA Ireland - New National Group
ELSA Moot Court Competition Face the global challenge!
International Board 2010/2011
A new team is ready for a new year The new International Board has a common motivation and goal: To work for the Network.
And yet again, the story of every year repeats itself. On July 31st, an International Board says goodbye and on the next day seven new people are in charge of the ELSA Network, headquartered in a House seated in 239, Boulevard Général Jacques, Brussels, where they will not only work full time for the ELSA Network, but also live together for one of the most exciting years in their lives, that started to be written on March 28th in Qawra, Malta.
The third key area of ELSA, the Student Trainee Exchange Programme (STEP), will be under the coordination of Elif Yıldırım, hailing from Ankara, Turkey, where she recently graduated. Elif will be in charge of the overall supervision of this programme, thus bringing the possibility of having a short traineeship in a foreign country to more and more law students across Europe.
There are big shoes to fill, as the International Board 2009/2010 did an extremely professional and efficient work, but thanks to the exhaustive and well-prepared transition their successors enter this challenging adventure well-prepared and confident in doing a good job that shows to the Network they have not made the right choice.
Óscar A. Lema Bouza is the President. He comes from Corunna, Spain, where he studies law and business administration. His tasks will be relating to the external relations of ELSA which he will try to keep improving, expansion of ELSA to the few European countries in which it is not yet present, and coordinating the Board, being always there for the others when needed.
Ezgi Kılınç is the Vice President for Academic Activities. Coming from the beautiful city of Istanbul, Turkey, she holds a law degree from Marmara University. She will be responsible for our biggest international project, the ELSA Moot Court Competition on WTO Law (EMC2), as well as other projects such as essay competitions, legal debates or legal research groups.
The internal management of the Association is the Secretary General's responsibility. This position is held by Filipe Bismarck, who hails from Borba, Portugal, and has a master's degree from the Universidade Católica Portuguesa, in Lisbon. His focus will be on the human resources in the Network, including trainings, and on the internal regulations that set the path to follow by ELSA.
The Vice President for Seminars and Conferences is Paolo Amorosa, from Siena, Italy. He will devote to legal education with projects such as study visits or delegations. One of his most important tasks will be to coordinate the International Focus Programme (IFP) Opening Conference on Health Law, which will take place in Prague, Czech Republic, in February 2011.
Olga Sendetska, from Tysmenytsya, Ukraine, is in charge of the finances of the Association. She studies in Kharkiv, holding a bachelor's degree from the Yaroslav the Wise National Law Academy of Ukraine. She will be the responsible for the financial stability of the Association, as well as for the accounts. She is also the chairwoman of the ELSA Development Foundation.
International Board of ELSA 2010/2011 (from left to right): Paolo Amorosa, Olga Sendetska, Óscar A. Lema Bouza, A. Elif Yıldırım, Filipe Bismark, Ezgi Kılınç, Laurits Ketscher
The creative mind of the team is Laurits Ketscher, from Copenhagen, Denmark, where he also studies, is the Vice President for Marketing. He is the responsible for our members' magazine Synergy, as well as for the website, and other marketing products of ELSA. Aside from that, his priorities will be the market research to be carried out throughout the Network and the spreading of the corporate identity of the organisation. Despite being from different parts of Europe, having different cultures, ELSA background and personalities, and speaking different languages, the team is united in working for the Network. We look at this year as a once in a lifetime chance, and we will make sure to make the best out of it. We have various exciting goals for our term in office, which we have included in the One Year Operational Plan (OYOP), our guide. We are especially aiming to improve Human Resources in ELSA, focusing on three fields: recruitment, as it is crucial to implement the HR Strategy and Cycles in order to increase our active members; training, one of the most important features of our Association,
and that has in the International Trainers Pool (ITP) one of its most valuable tools; and Internal Meetings, which must be improved in order to allow the Network to benefit more from them. Of course, other projects are also at the top of our priorities, with two having a special relevance. On the more academic side, introduction of the new IFP Topic, Health Law is a great challenge that we also see as a great opportunity for the growth of the Organisation, as well as to gain expertise on a "hot legal topic". On the other, more social side, the 30th anniversary of our Network, that will take place next year, will be a perfect moment to make a reflexion about ELSA and our activities and structure, amidst others, as well as to gather current and former members that share the same vision: "a just world in which there is respect for human dignity and cultural diversity". We would like to invite all of you to join us on this wonderful adventure that is ELSA, and also to encourage you to keep on working to achieve our vision and purposes, as it is not seven people that make this possible, but around 30,000.
Expansion of ELSA
"Spreading the word"
Today, the European Law Students' Association comprises around 30,000 law students Oscar A. Lema Bouza and young lawyers from more than 200 law President faculties in forty-one countries. However, ELSA International this was not always such a broad Network, as it was founded by five students from only four countries: Austria, the Federal Republic of Germany, Hungary and Poland. But even at that moment, ELSA has always been an internationally minded organisation, as can be seen in our vision: "a just WORLD in which there is respect for human dignity and cultural diversity". It is for this that the Association has overcome political turmoil, animosity between nationalities and even wars, uniting people in diversity and understanding of other cultures, as well as leaving political issues aside, and focusing on the very essence of law. Expansion in ELSA has been a continuous and ongoing process since its foundation in 1981,as the starting adventure was then joined by National Groups from mainly Nordic countries, and kept on until becoming what we are today, an organisation present in almost the whole Old Continent, extending from Kazakhstan to Portugal and from Iceland to Turkey. It has been a process full of ups and downs, also influenced by political events that brought independence to several countries that have later joined ELSA, the latest being Montenegro, which National Group acceded directly to Membership following independence from Serbia in 2006, in accordance to a special procedure included in the Statutes and Standing Orders of ELSA..
However, today we can say that, from those four starting countries to Ireland, the last one to join the Association at the International Council Meeting in Qawra, Malta, in March 2010, ELSA has a significant presence, bringing European law students and young lawyers together in the many activities organized throughout the whole Network. The criteria for membership have also been a matter of discussion in many internal meetings, but seemed to have reached some stability after the last ICM in Malta, where membership regulations were transferred from the Decision Book of ELSA to the highest internal regulation body, the Statutes. These regulations include the requisites to apply for Membership in ELSA; while the procedure to do so and the process to undergo from Applicant to Observer and then, finally, to become a Member has not been changed, and remains in our Standing Orders.
"Expansion in ELSA has been a continuous and ongoing process since its foundation in 1981" The criteria included in them require a national organisation to come from any European State, which is defined geographically in the same normative body. According to this, and in the current situation, ELSA has a potential for forty-five to forty-seven Members,
Expansion which include the current forty-one and, eventually, four to six more in which law is taught. Thus, aside from the current Members, National Groups may be established in Azerbaijan – considered by the Statutes of ELSA as part of Europe and Asia –, Belarus, Cyprus and Moldova; and, albeit disputed, in Liechtenstein and San Marino. Furthermore, it is the current International Board's priority to help the National Groups that have experienced problems in the last years, in order to reach a more stable and higher-level organisation, which provides opportunities for law students and young lawyers all over the continent to learn about other cultures and legal systems in a spirit of critical dialogue and scientific cooperation. To effectively accomplish this, we will use all the tools at our reach, from personal contact and support, by being present at these Groups' events, to the Network Support System, which promotes aid between the Network, being a clear sign of the ELSA Spirit.
"It is important to take into account quality in Expansion... it is crucial to analyse the quality of the potential groups" But expansion in ELSA should not be only limited to "external" expansion, meaning the inclusion of new National Groups in the Network, but should also comprise "internal" expansion more and more, both in terms of more Local Groups established and more members in the local level. The increased awareness about this topic has crystallised in the approval of the inclusion in the Decision Book of the goal that "[e]xpansion in ELSA should continue until ELSA groups are present in all the universities teaching law in European States […]". Thus, it is the expectation of the Network to increase the number of members of our Association, as well as a more widespread presence throughout Europe.
Robson Hall, Faculty oF law
Human Hu man Rights International Business & Trade Private Enterprise Robson Hall Law School in Winnipeg, Canada has a vibrant, socially-engaged faculty working in theoretical, doctrinal, and interdisciplinary fields of research. It houses the Centre for Human Rights Research, the Social Justice and Human Rights Research Project, the Asper Chair in International Business and Trade Law, and the Desautels Centre for Private Enterprise and the Law. We offer graduate scholarships associated with each of our centres, supportive, dedicated supervision, conference travel, and graduate student facilities. Winnipeg is home to multicultural, francophone, First Nations, and Métis communities, a world-class arts and music scene, three universities, and the Canadian Museum for Human Rights.
One university. Many futures.
We can be fairly optimistic towards the future of ELSA in the field of expansion, as more and more Groups are becoming active and focusing and benefiting from the internationality of this Network, which is the distinctive characteristic that makes it unique. No other law students' association can give so much to its members as ELSA does, an aspect of which we must feel proud, and not keep only for us, but rather spread it to as many people as possible, since, as Buddha said: "Thousands of candles can be lit from a single candle, and the life of the candle will not be shortened. Happiness never decreases by being shared."
Nevertheless, it is important to take into account quality in expansion. Therefore, it is crucial to analyse the quality of the potential Groups before their establishment takes place, both in the international and in the national level. In order to ensure that the new Groups will be successful or, at least, have a good chance to be so, it is necessary that the International or National Board helps them. This is done, firstly, by researching on the viability and potential of the Group, in terms of human and financial resources, and, secondly, serving as the guide through the preparation process, explaining the application procedure and reviewing the required documents that are to be submitted, so they comply with the international and national ELSA regulations. synergy magazine
ELSA Moot Court Competition
"Face the Global Challenge, this time in Geneva" The ELSA Moot Court Competition on WTO law is one of the flagship projects of ELSA, for the 9th edition, the competition is brought back to Europe.
The ELSA Moot Court Competition on World Trade Organisation Law (EMC2) is the only worldwide competition of the ELSA Network. The competition is a simulation of the World Trade Organisation (WTO) dispute settlement system where two teams plead as the complainant and the respondent parties in front of a bench of panellists. EMC2 Panels consist of high level experts in the field of WTO Law which are referred to as Panellists during a hearing. Ezgi K覺l覺n癟 Vice President Academic Activities ELSA International
One of ELSA's main cores is to provide students with opportunities of bringing their theoretical knowledge on law into practice, even before finishing their law studies. In this it's complimenting their legal education. The WTO, established in 1995, is based on the old GATT and creates a system for efficiently regulating international trade. Despite the controversies, the present structure looks to promote and enhance international trade for years to come. The Final Oral Round (FOR) of the 8th edition of ELSA Moot Court Competition was held between the 24th-30th of May 2010 in Santo Domingo, Dominican Republic, in cooperation with the, Dominican Republic Chapter of the Latin American Council of Scholars on International and Comparative Law (COLADIC-RD). The organisation of the FOR was conducted by the organizing committee of COLADIC-RD while the entire competition was run by the former Vice President for Academic Activities of ELSA International Ms. Amanda Bertilsdotter Nilsson with huge success.
The grand final in Santo Domingo, participants and panelists 10
EMC 2 There were 16 teams participation in the FOR from all over the Globe, which qualified from the Asia Regional Round in Taipei, North America Regional Round in Ottawa, Latin America Regional Round in S達o Paulo, International Written Round and the ELSA Regional Rounds. The ELSA Regional Rounds were hosted in Helsinki, by ELSA Finland, and in Leuven, by ELSA Belgium. Out of all these six Regional Rounds the best teams got the chance to experience a truly unforgettable week in an exotic and friendly atmosphere in the Caribbean. The winning team of the 8th edition of the competition was the team from the West Bengal National University, India, which reflects a true example of motivation and hard work, as the team, consisting of only two 19-year-old law students without any team coach to lead them, impressed the panellists with their orator skills and deep knowledge on WTO Law.
the Final Oral Round. Bringing the FOR back to Europe makes the competition more reachable for the Network. Geneva also creates the atmosphere of an actual WTO hearing, since the World Trade Organisation agreed to provide ELSA and the EMC2 with hearing rooms in the WTO Headquarters, for the Semi-finals and the Grand Final Rounds. I'm proud to represent the International Board as the Vice President for Academic Activities of ELSA International 2010/2011 for the first time, but more than happy to represent the ELSA Network for the second time in the Final Oral Round. I would like to invite all ELSA members to face the global challenge!, Let's all represent ELSA together between the 25th and the 31st of May 2011 in Geneva.
"One of ELSA's main cores is to provide students with opportunities of bringing their theoretical knowledge on law into practice" I was representing the International Board of ELSA for the first time, and I felt proud of being a part of the ELSA Network once more, not only because of the appreciation shown by the high level experts for the work done by ELSA International, but also for the appreciation by the teams participating in the competition. I consider myself lucky to be in charge of a respected worldwide competition and feel the urge to pass the motivation that I received during this experience to the National Officers. As it has been stated many times, EMC2 is the competition of the Network; thus it requires teamwork and team spirit. The National Groups are the ones to make sure that the word EMC2 spreads in Europe. I see a big opportunity for motivation in the upcoming edition of EMC2, as the Final Oral Round will be held in Europe, more precisely in Geneva, Switzerland. The Competiton is launched on the 1st of September 2010. The case is related to health law and, specifically, to the SPS Agreements, therefore being comprised by the new International Focus Programme (IFP) topic. It's not only the topic that connects with the Network but also the location. The Final Oral Round of the 9th edition of the EMC2 will be organised in Geneva, Switzerland, where the WTO Headquarters are situated. ELSA International has entered into cooperation with ELSA Switzerland for
Student Trainee Exchange Programme
ELSA and AIESEC cooperation on traineeships
"STEP takes a STEP up" The cooperation on traineeships between ELSA and AIESEC started in 2010, it will provide members with more traineeship possibilities
STEP, as a key area of ELSA, is one of A. Elif Yıldırım the most attractive products that ELSA VP STEP provides for law students. It gives the opELSA International portunity of cultural exchange, learning about a foreign legal system and practicing it in first person. It is certainly a big chance for law students to expand their point of view, widen their horizons and improve their legal skills.
Therefore, as AIESEC and ELSA have common objectives like the increase in student exchange and mobility. To increase the numbers and the quality of exchange opportunities, a pilot project has been established by the International Boards of ELSA and AIESEC 2009/2010. Óscar A. Lema Bouza President ELSA International
It is a fact that not only our association provides its members with exchange possibilities, but also a lot of other student organisations are aware of its positive effects and organise their own programmes. And now ELSA is happy to launch a pilot project with one of the strongest student organisations in exchange area: AIESEC.
This pilot project aims to create a mutual understanding, assistance and support between the two networks, to foster awareness in the field of law traineeships and to have direct communication between international, national and local officers and build further cooperation between both associations. This project also targets our members to participate in conferences of another organization.
AIESEC (Association Internationale des Étudiants en Sciences Économiques et Commerciales) is a global, non-profit, non-political organisation founded in 1948. It is established in 1,700 universities from 110 countries and territories with a vision of "leadership development for positive change in society." AIESEC provides its members with around 2500 exchange possibilities within Central & Eastern Europe and around 1000 exchange possibilities within Western Europe & North America. Beside these statistics, AIESEC also provides exchange possibilities within South America, Middle East & North Africa, Asia Pacific and Africa.
Besides all the aims we have, there is, of course, one final goal of this pilot project: 50 law related traineeships within Europe! A memorandum of understanding was signed between ELSA and AIESEC in June 2010. The pilot project has a special focus on specific countries: Czech Republic, Finland, Italy, Poland, Romania, Spain, Turkey and Ukraine. These countries will be the main pivotal countries to reach the final goal of 50 traineeships within Europe. But this doesn't mean that other National Groups cannot contribute to the pilot project, as every kind of cooperation within Network will be another path to reach all the aims we have stated. The timelines included in the agreement are right now in
Student Trainee Exchange Programme the process of being revised, as they have to be adapted to the development the program has experienced during the summertime, in the first months of implementation after the signing. The cooperation will need the active participation of both student organizations. ELSA International and AIESEC International will provide all the required assistance about marketing materials. The internal STEP forms of ELSA will be used for this pilot project. Officers will start job-hunting together, andrepresentatives of both organizations should be present during the meetings. Once the Traineeship Specification Form is filled in and sent to ELSA International, it will be ELSA International's responsibility to provide an updated newsletter to both networks. In the newsletter, there will be a headline placed to specify the traineeships that have been provided in the frame of this cooperation.
"This pilot project aims to create a mutual understanding, assistance and support between the two networks" A student applying for a traineeship that has been provided by this cooperation between ELSA and AIESEC has to fill the Student Application Form and send it to his local officers. Only ELSA members can apply for these traineeships, and they don't have to pay any fee in order to do so. ELSA International will do the matching of applications to the respective traineeships and send the results to both ELSA and AIESEC officers,who will be jointly responsible for delivering the applications to the employers. Once the selection has been made and the selected applicant fills in the Traineeship Confirmation Form, he will register to myAIESEC.net. The reception of the trainee, as well as the post-traineeship evaluation will be done by ELSA and AIESEC together. This pilot project is a great opportunity for members of both associations to meet each other, socialise and work together. As one of the priorities of the new International Board of ELSA is to increase cooperation with other Non-Governmental Organisations, especially student associations, this project is one more step
towards achieving this goal, included by the International Board in the One Year Operational Plan 2010/2011 of ELSA International. The Memorandum of Understanding signed with AIESEC in June 2010 made us become "Exchange Partner Associations", and meant the development of a specialized cooperation, following the track started with the deepened collaboration experienced in the past year with the Asian Law Student Association (ALSA), with whom a Memorandum of Understanding was signed in December 2009. This agreement not only applies on the international level, but it is expected that its effects are also show results in the local and national spheres, as job hunting and reception will be done by AIESEC and ELSA Groups together. It will also be a good chance for both AIESEC and ELSA members and, very specially, officers, to see how work is organised and carried out in other associations, allowing them to take some aspects of it that could be beneficial and try to implement them in their own organisation, thus creating synergies that could lead to a mutual benefit. All of these aspects will be analysed after the end of the pilot project, in order for both associations to evaluate the achieved results, which will be the key to decide on the development of a long-term cooperation agreement, a goal at which we aim, since we believe that it could be the starting point for a continuous and constant growth of our exchange programmes, which are vital for both organisations, being one of the purposes of AIESEC and a key area of ELSA. ELSA has big hopes and expectations regarding this cooperation, and we would encourage every Group and STEP officer in the Network to take part in this pilot project, cooperating with their Local or National AIESEC Group, and contributing to the cooperation in the sphere of exchange and promotion of cultural diversity and mobility of young people, as one more STEP towards our vision of "a just world in which there is respect for human dignity and cultural diversity".
Council of Europe way from declaration to deeds
"No poor health for poor people" Protecting people, whoever they are, wherever they live, is a Council of Europe priority. Membership of the Council of Europe presupposes the obligation for states to ensure their people's prerogative to basic human rights, and among such basic rights is the right to health protection.
Piotr Mierzewski Head of the Health Division, Directorate General III Council of Europe
Health is a key asset and component of human life. As underlined by the Third Council of Europe Summit in Warsaw, the protection of health is a social human right and an essential condition for social cohesion and eco-
Our work The right to the protection of health lies at the heart of the activities carried out by the Council of Europe in the social domain. National representatives from 47 member states work together with specialist experts to set out minimum guarantees to safeguard human rights and indeed patients' rights at the European level.
The specific approach of the Council of Europe in the field of health policy stems from the recognition that health status is a global indicator of success of social policies and protection of human rights. The Council of Europe has for many years addressed health issues in the context of human rights through:
There are two types of rights: citizens' social right to health care – to become a patient (as reflected in the European Social Charter) and patients' rights in health care – as a part of individual human rights (partially covered by the Oviedo Convention). In recent waves of health reforms, the role of patients has been one of the last to change.
• implementing "health and human rights for all" approach, taking account of minorities and vulnerable groups; • measures for respecting the non commercialisation of substances of human origin; • promoting equity in access to health care; • protection of patients' rights and promoting health democracy (participation and empowerment of patients and citizens); • promoting value-based governance in health care, based on human rights, equity, transparency, accountability and participation; • ensuring a safe and good quality of health care. This approach places the individual patient at the core of all health policies, assigning him or her the role of a responsible citizen. It seeks the involvement of civil society, especially patients' associations, which are essential partners for all forms of democratic governance.
"There are two types of rights: citizens' social right to health care – to become a patient... and patients' rights in health care " There is a challenge to balance rights with democratic responsibility. The rights approach puts emphasis on a patient's choice as a "sovereign consumer" and their freedom of choice in the service market; the democratic participation approach empowers citizens' voices as responsible partners in shaping the health care system. The rights of the patients and citizens to the three "P"s: Provision, Protection and Participation can only be properly implemented by a chain of four "P"s: Principles (defining the explicit value framework), which are translated into sound Policies, supported by the Political system and put into Practice.
Health Law Steering committee The legal provisions have to be translated into practical policy developments. This bridging work is undertaken by steering committees. The Council's activities in the health sector are planned and carried out by the European Health Committee (CDSP) and supported by a secretariat - the Health Division in the DG III "Social Cohesion", which considers itself a health embassy within a political, intergovernmental organisation. The European Health Committee (CDSP), set up in 1954, is composed of key government (Ministry of Health) policy makers and representatives of interested parties. It maintains close ties with the European Commission and the World Health Organization (WHO) (Regional Office for Europe. Expert committees A series of expert committees have been created over the years, meeting at regular intervals generally within a 2-year span, to propose concrete policy guidelines for approval by the CDSP and final adoption by the Committee of Ministers in the form of Recommendations. Binding instruments The Council of Europe has many tools shaping human rights in its member States' health policies: the European Convention on Human Rights, the Convention on Biomedicine and Human Rights ("Oviedo convention"), the European Social Charter and the European Convention for the Prevention of Torture. Together they allow the States to put their health systems in a harmonious "ethical framework", whilst promoting the same principles across the entire continent. The Oviedo convention makes it crystal clear: Art. 3 "Equitable access to health care" Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. Art. 4 "Professional standards" Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards. Soft law - recommendations The CDSP produces Recommendations on the basis of work carried out by expert committees for the Committee of Ministers (the decision-making body of the Council of Europe) to adopt. These policy guidelines are not binding in a strict legal sense but can serve as a vehicle for change in member states. synergy magazine
Recommendations are adopted by the Committee of Ministers of the Council of Europe and addressed to the Governments of the Council of Europe member states. These recommendations are non-binding in a legal sense, but as a sign of consensus and political commitment they have the advantage of influencing health policies without subjecting implementation to precise conditions and time limits. Therefore, they are not obligatory, but obliging in a political sense. They are often used by professionals and non-governmental organisations as vehicles for advocating change. Some examples include: • Recommendation CM/Rec (2010)6 on good governance in health systems – a pioneering work on transparency, accountability, conflict of interests, and proposing codes of conduct and good governance monitoring tools • Recommendation CM/Rec (2009)3 on monitoring the protection of human rights and dignity of persons with a mental disorder • Recommendation Rec(2008)1 on the inclusion of gender differences in health policy. • Recommendation Rec(2006)18 on health services in a multicultural society. • Recommendation Rec(2006)17 on hospitals in transition: a new balance between institutional and community care. • Recommendation Rec(2006)11 on trans-border mobility of health professionals and its implications for the functioning of health care systems. • Recommendation Rec(2006)7 on the management of patient safety and prevention of adverse effects in health care. • Recommendation Rec(2001)12 on "the adaptation of health care services to the demand for health care and health care services of people in marginal situations". • Recommendation Rec(2000)5 on the development of structures for citizen and patient participation in the decision-making process affecting health care. Many more Recommendations have been issued in the area of health policy, blood transfusion and organ transplantation over the years. A selected few have been translated into several languages. Cooperation activities The Health Division endeavours to link co-operation projects with health policy recommendations adopted by the Committee of Ministers, bridging the principles and standards with real-life practical situations. Some examples of co-operation activities are listed below, which contribute to a forum of mutual exchange of experiences between participants.
Health Law • South East Europe Health Network, under the auspices of the Social Cohesion Initiative of the Stability Pact, a joint activity with the WHO (Regional Office for Europe) and the Council of Europe Development Bank. • Schools for Health in Europe (SHE) Network combines the efforts of over 40 member countries to encourage pupils, parents and teachers to work together to promote health in schools. The Council of Europe, alongside the European Commission, the WHO (Regional Office for Europe) and the Health Behaviour in School-aged Children (HBSC), acts in an advisory capacity for the Network. • Involvement in the European Union Network for Patient Safety (EUNetPaS) project as well as the newly formed European Commission Patient Safety and Quality of Care Working Group (PSQWG). Not being a funding agency, the Council of Europe attempted to promote its traditional values in reply to the urgent needs of the new member states. "Money makes the world go round", but the Council's values showed the direction to go towards. Current activities include: • Implementation of Good Governance principles in health systems; • Health and migration – patients' rights and safety first; • Health care in Europe - for and with children: Child friendly health care Ministerial conferences The Council of Europe regularly organises Conferences of European Ministers responsible for Health Affairs. Their objective is to examine the main problems and challenges affecting the organisation's member states in the health field and to facilitate direct contacts between the ministers. Eight ministerial conferences have been held to date. The 7th Conference of European Health Ministers on "Health, Dignity and Human Rights - the role and responsibility of Health Ministers" was held in Oslo on 12-13 June 2003. The aim of the Conference was to highlight the human rights dimension of health care. In their final declaration, the European Health Ministers called on the Council of Europe and the European Health Committee to intensify its work on the social, ethical and human rights dimension of health in the delivery and availability of evidence-based health care and related services.
The 8th Conference of European Health Ministers on "People on the move: Human rights and challenges to health systems" took place on 22-23 November in Bratislava, Slovak Republic. The main theme and adopted Declaration of this conference concerned health and migration/mobility, with its two sub-themes: • the impact of migration/mobility on patients' rights, and • the impact of migration/mobility on health systems. A 9th Conference is planned to be held in Lisbon, Portugal in 2011 on the general theme of child-friendly health care. Conclusions The Council of Europe believes that health, wealth and human right constitute a joint agenda. "Value for money", which is an economic imperative, should be supplemented by an approach based on "money for values", where societies invest in what they cherish and aspire to: good health and social cohesion. The Council of Europe complemented the "invisible hand" of market reforms with the "visible handshake" of the social cohesion approach. In the face of EU enlargement, the Council of Europe's role remains to prevent the formation of any new "iron curtains" made of new social and health divides. Measures adopted to improve access for the vulnerable serve also the general population. That is why societies should claim "NO POOR HEALTH FOR POOR PEOPLE". Caring for the weak shows the strength of the society - health of the vulnerable is the best indicator of the efficiency of health and social policies. The priority given to the fate of the vulnerable proves where the Council of Europe added value lies; to add the values of human rights, ethics and social cohesion. More detailed information about the activities listed above and publications are available via the internet site: http://www.coe.int/t/dg3/health
Becoming a Lawyer
The issues and history of the challenges
Becoming a lawyer in 2010
If I were at the beginning of my studies and planning my career, would I still become a lawyer? Has the career path become more difficult in recent years? Has the financial crisis made it a less desirable and a more competitive profession? Dick Tyler Executive Partner CMS Legal EEIG
I've been thinking about these questions after ELSA asked me to write an article on the topic for their Annual Report. CMS sponsor ELSA and they thought their members would be interested in what a "veteran" (that's me, I suppose) would say to those just starting out. I started out some 27 years ago (with McKenna & Co, now CMS Cameron McKenna). I completed my training, became a partner in Corporate and held the office of Managing Partner for 2 terms, 8 years in all. Doing the maths in my head, it appears to me the percentages are quite similar for those making partner now as they were in my day. It didn't feel like it was going to be easy to become a partner when I started, any more than I imagine it did before then or does now. But the practice of law has been going on for hundreds of years and has always been, and will always be, an essential part of industry. As for the downturn, I have worked through three similar crises so far, and I suspect this current one won't be the last. Still, law as a profession is required and the demand for good lawyers remains, even grows.
And so I think the real issues perplexing today's law students are really the same as they were for me: am I making the right choice, will I find a job, will I choose the right firm, etc. To them, I would say: • The study of law and the practice of law are two different things. Your education will prepare you intellectually, but to be successful you have to also hone your people and commercial skills. There's no great magic to this: most of the skills you need to win business and manage a team are the same as the ones you need to win and keep friends. • Law should excite you – you won't change the world, but you can make a difference. If you are doing it only for your parents, for status or for making money, you will probably be unhappy. • Before you commit, take as many opportunities as possible to experience different legal environments. Law firms (and inhouse companies, charities) all have personalities (brands) and you should find one that fits with your own personality. • Law, like all professions, is certainly evolving and changing. Be energised by change, not frightened. In flux, you often find great opportunities. • Expect some failure. Life is a test of how we handle failure, not how we bask in success. This is all based on my experience. I hope you found it interesting and I hope you face your future options with positivity and determination.
STEP in Córdoba
STEP ELSA Córdoba
"STEP by STEP"
At the beginning of October 2009 ELSA Anna Maria Lunghi Córdoba made the 1st Local Council MeetVP STEP ELSA Córdoba ing of the year where the new Board was elected. At that time, our experience started as we were chosen as the new VP and Director of the STEP area. Even though there was only a basic level in this area, our predecessors laid good foundations by signing an agreement with an important foundation collaborating with the University of Cordoba called Fundecor, that provides students and graduates with assistance in their integration into the world of work. Once we were elected we started working on the relations between ELSA Córdoba and Fundecor, organising regular meetings with the purpose of knowing better their international projects and writing down the profile of the future trainees.
Then, we had everything that was needed to publish the traineeship on the STEP Newsletter. It was a special moment for our Local Group and particularly for us, as it was our first time both in ELSA and in a Local Board… after ages, ELSA Córdoba was the first Group in Spain to reach a successful result!
Helvia Ruiz Diaz Director STEP ELSA Córdoba
More than forty ELSA members from all around Europe applied for the traineeship in Fundecor, but, unfortunately, only one place was available. It was a hard decision but, in the end, one girl from ELSA Torun (Poland) was the best profile for the traineeship in Córdoba. We communicated the selection to ELSA Spain who gave the news to ELSA International, that finally confirmed to the trainee, Joanna "Asia" Marcinkowska, that she had been selected. When she accepted we contacted her with a welcome message explaining all she had to do before her arrival. It was Christmas Time and she was supposed to come within two weeks, so we had to arrange everything regarding her reception and accommodation quickly. Her travel to Córdoba didn't start as all of us had planned, she was surprised in London with a heavy snowfall that cancelled all the flights forcing her to stay there for two days. We kept in touch with her during those days expecting her arrival, which happened the night before she had to start working.
From the left: José Manuel Ureña (Sub-director of Fundecor), Pedro Montero (Director of Fundecor), Marta Curylo (trainee ELSA Wroclaw), Joanna Marcinkowska (trainee ELSA Torun), Anna Maria Lunghi (VP Step ELSA Córdoba), Germán Martínez Centeno (President ELSA Córdoba), Helvia Ruiz Díaz (Director Step ELSA Córdoba) and Carlos Diéguez Duvá (Treasurer ELSA Córdoba).
It was her first time in Spain and she wanted to enjoy as much as possible the three months of work in Fundecor.
STEP in Córdoba There, she was carrying out the tasks of the International Relations Department, coordinating projects; communicating with the partners of the Foundation, searching for new partners; promoting Fundecor‘s projects abroad, editing promotion materials, drafting, translating, proofreading legal documents, cooperation in event planning in order to promote the Spanish culture.
"More than forty ELSA members from all around Europe applied for the traineeship in Fundecor" What Asia found more difficult of her stay here was that she didn't speak any Spanish. However, she used to say "I'm happy that not many Spanish people speak good English so it's better for me to learn Spanish". And we have to say that she really improved it! Moreover, Fundecor was really happy with Asia's work so, as the time they signed a new agreement with ELSA Córdoba, they also decided to renew Asia's traineeship for three more months. The next trainee working in Fundecor was Marta Curylo, also from Poland, but from ELSA Wroclaw. Through this experience she got the opportunity to achieve what she was looking for: start working in Spain. She was very glad of her job experience because of the atmosphere at Fundecor. All the time we tried to involve them in the activities organised by ELSA Córdoba such as seminars, meetings (local and national) and social events. For us it has been also a good chance to get to know their culture and to show us their experience. In this sense, Asia took part in one of the STEP informative sessions "STEP up with ELSA!" that we organised in March in the Faculty of Law of the University of Córdoba. After that informative session, the connection between the STEP area and all the members of ELSA Córdoba improved a lot. Furthermore, many students became members of ELSA. We were very satisfied with our results! We keep on working in the area informing the members about new traineeships, solving doubts and helping them with filling in the application forms. And then we received excellent news…two members of ELSA Córdoba, María Lacort Peralta and Miguel Ángel Fernández Rico, were selected for traineeships during the summer in Innsbruck (Austria) and Ankara (Turkey), respectively. They were very excited and they accepted without hesitation because they think that "this is a great opportunity to gain experience abroad in our field of studies". So, even when during the summertime, the STEP area doesn't stop working. synergy magazine
"This is what we have done but there's still a lot of work to do. Since I've been elected VP STEP of ELSA Córdoba for the next year I would like to maintain the good relation we have established with Fundecor but I think it's also necessary to increase the weight of the area by searching new employers to collaborate with us signing new agreements. There's no doubt that Step is a great chance for the trainees, but we don't have to forget that also the employers win a lot with it because all the ELSA members are high qualified people that can bring fresh and interesting ideas to the company" Helvia said. "What we have reached during this year ‘09/'10 wouldn't have been possible without the support of both the Local and the National Board. It was very helpful the efficient communication with the Director for STEP of ELSA Spain, Isabel Morán. For me it has been a really positive experience in which I could improve my personal and professional skills being in charge of the area and reaching high results thanks to the great collaboration of a Director for STEP full of ideas and creativity!" Anna said. This is our STEP by STEP…don't lose your chance and STEP Up with ELSA!
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Accession of the EU to the European Convention of Human Rights
Accession of the EU to the ECHR
"Filling the gap" Strasbourg's control on EU legal acts will improve Human Rights' protection in Europe
The accession of the European Union to the European Convention of Human Rights, discussed for more than thirty years, now at a closer reach after the entry into force of the Lisbon Treaty, was at the center of the interview given by Mr. Johan Callewaert,(JC) Deputy Grand Chamber Registrar at the European Court Human Rights, to ELSA International. ELSA: Can you tell us about your background? JC: I have been working with the Registry of the Court for about 20 years now. For the last 10 years I have been following very closely the development of EU law in respect of fundamental rights, including the drafting of the EU Charter on Fundamental Rights in my capacity as a member of the delegation of the CoE, present as observer in the Convention which drafted it. Ever since that time and already before, I have been personally interested in these matters. ELSA: How is accession related to the Lisbon Treaty and what are the next steps for it? JC: One of the main obstacles on the way to accession was the lack of a legal basis for that, as stated by an opinion of the Court of Justice. So now, after waiting for the Lisbon Treaty to come into effect we have that legal basis. Anyway, it will still take time. The idea is that we should first aim at reaching an agreement between the Council of Europe and the European Union on the terms of an accession treaty which should contain all the new legal provisions needed on both sides to enable accession to happen, including the requisite amendments to the Convention of Human Rights. The provision of the Treaty on the functioning of the EU dealing with the matter, article 218, provides for quite a heavy procedure. Then, we would need a unanimous decision by the European Council, the approval of the
European Parliament, possibly an opinion by the Court of Justice, followed by ratifications by the Member States, including the ones that are part of the Council of Europe but not of the European Union. It is a long way to go; the most important is to keep a good pace in the negotiations. ELSA: Will the accession by the EU lead to the creation of a special status for the EU within the CoE? JC: It is very clear that the accession of the Union to the Convention would not be linked in any way to an accession by the Union to the Council of Europe. As far as the status of the Union within the system of the Convention is concerned, the idea is to treat the Union as much as possible as just another Party to the Convention. The Strasbourg Court already stressed several times the importance of treating all Contracting Parties on an equal footing. To sum up, in principle, no special status for the EU within the Convention unless and to the extent that it is dictated by the specificities of the Union. ELSA: The European Court of Justice has already referred often to the case law of the Strasbourg Court in order to deďŹ ne Human Rights standards. How do you see the judicial dialogue between the two Courts developing after the accession?
"One of the main obstacles on the way to accession was the lack of a legal basis for that, as stated by an opinion of the Court of Justice."
Accession of the EU to the European Convention of Human Rights
ELSA International at Council of Europe From top left to right bottom: Mirko Djukovic, Ă“scar A. Lema Bouza, Leonid Cherniavsky, Laurits Ketscher, Paolo Amorosa, Ezgi Kilinc, Frida Orring, Amanda Bertilsdotter Nilsson, Sofia Kallio and Johan Callewaert JC: There is, I would say, regular communication between the Courts. And this has been, interestingly, a reality that has been taken note of in the Lisbon Treaty. In one of the Declarations in its Final Act, the one on Article 6 Â§ 2 of the Treaty on European Union, the Conference notes the existence of a regular dialogue between the two Courts and states that "such dialogue could be reinforced when the Union accedes to [the] Convention". Even without this provision this is what would have happened anyway. Due to the entry into force of the Lisbon Treaty dialogue will intensify necessarily because of two reasons: firstly, the competences of the Court of Justice have been extended in the Lisbon Treaty to cover a number of areas which are very relevant from a human rights point of view. In other words, more litigation where you may have an overlap of competences between the two Courts. Secondly, with the entry into force of the Lisbon Treaty, the EU Charter of Fundamental Rights gains primary law status, with the consequence that now all the jurisdictions in Europe applying EU law, including, of course, the Court of Justice, are now bound to apply the Charter, which is made for about half
"Since we have been trying to achieve accession for more than thirty years now, it should be an indication that it is worth it." of its content of rights borrowed from the European Convention on Human Rights. ELSA: In your opinion, what will be the impact of the accession on the protection of Human Rights in Europe? JC: Since we have been trying to achieve accession for more than thirty years now, it should be an indication that it is worth it. We have to distinguish three different levels. Firstly, we still have a gap in Human Rights' protection in respect of the European Union, in so far no act by any of the EU institutions can be filed in Strasbourg, there is no external control in respect of these acts such as, of course,
Accession of the EU to the European Convention of Human Rights will have the Union appearing before it, judgements given by it will be binding also upon the Union itself. For what can happen today is that a Member State confronted by a judgement of the Court of Human Rights, finding a violation of the Convention which is a direct consequence of EU law, Thus, it would find itself bound to execute a judgement which it does not have the competence to execute. In such situations, it would help a lot if the EU as such was a defendant in the proceedings, for it would then also be under an obligation to execute the judgement. Changing this situation would certainly also be a big step in increasing protection of human rights in Europe. ELSA: Do you have any recommendation for European law students on how to interact with the development of European Institutions?
Front of the Council of Eruope headquarters in Strasbourg. The accession of the EU to the ECHR has been a long working process.
judgements of the Court of Justice. Linked to that, you have an important political aspect, the fact that it certainly enhances the credibility of the Union if, in the same way as all its Member States, it can say that it accepts external control by the Strasbourg Court. There is a third level where accession would have an important impact, and that is the level of the procedure before the Strasbourg Court. If we
JC: The EU should not solely be run by experts. There is need for the support of the population and for EU law to be understandable for citizens. As young Europeans let your voices be heard.
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An unforgettable study visit ELSA-Tübingen, ELSA-Freiburg and ELSA-Konstanz visited ELSA Milano
Thanks to the brilliant network of ELSA we experienced a wonderful trip to Milan in may 2010. As we got to know an Erasmus student last year at an ELSA event, we took up the idea to make a study visit in the city of fashion, soccer, pizza and pasta and started the organisation of the trip. There was a great cooperation between Tübingen and Milan. Sometimes it was a bit chaotic because of the slightly different mentalities, but it was a pleasure to work with people, who have a different attitude to some things and a great opportunity to expand our horizons. And soon we were also used to the "Italian time". Later we asked Freiburg and Konstanz whether they are interested to take part in the study visit, too. We thought that it is a good possibility to strengthen the network and to make the study visit more interesting, fun and varied. Eva Bartel Study visit OC ELSA Tübingen
The five days we spent in Milan were great. We had a diverse and very interesting program with both cultural and legal points. We saw a lot of the Milan culture like for example the "Scala" or the famous "Duomo". Our legal program consisted of two presentations by lawyers who has the German as well as the Italian admission to the bar, a presentation of a great Milan professor, a visit of the international law firm "Jonesday", the German consulate and the Milan Court. We learned a lot about the work as European lawyer in a foreign country, the
requirements of such a work, the Italian law system and the differences to the German system. Especially the differences in the civil and trade law system were discussed. While Germany has an abstract system, the Italian system is based on special legal rights. Moreover both countries have different basic attitudes, which lead to other legal situations. For example the German system shall be optimistic and intolerant whereas the Italian system shall be pessimistic and tolerant. Especially in relation to the "German optimism" for some of us unbelievable. Of course we had also a lot of fun in the outside the legal events and enjoyed the Milan night life, fashion and restaurants. Thanks to the ELSA Spirit we wereable to overcome the cultural diversity. Finally we can say the study visit was a great opportunity to see international activities of jurisprudents and to compare different law systems. The own system is not always the best and perhaps the study visit could help to open some people´s view up for other countries and legal systems. As we spent a lot of time with members of ELSA Milano and visited the Milan Catholic university a few times, we learned also a lot about the life and studies of Italian law students. We´d like to thank everybody who supported us – above all ELSA Milano- and hope that we can maintain our GermanItalian relationship.
54th Session on the Committee of the Status of Women
ELSA delegates in the Headquarters of the United Nations in New York From the 1st till the 12th of March five members of ELSA had the chance to represent our Organization at the 54th session of the Committee for the Status of Women in New York.
Imagine taking a look around your uniMartina Berger versity's library, would you ever think that ELSA Delegate the guy over the civil law books might earn around 30% more money one day for exactly the same amount of work than the girl sitting next to him? Or could you imagine that she might be one of 70% of women that experience physical or sexual violence at least once in their life time?! Do you think their chances of becoming a CEO or sitting in a country's parliament one day are equal?
Clara M.J. Hrabovec ELSA Delegate
was established in 1946 with the objective of promoting the principle that men and women shall have equal rights.
ELSA had the honour to obtain Special Consultative Status in ECOSOC in 1997 and may therefore designate representatives to sit as observers in public meetings of ECOSOC and its subsidiary bodies. In February 2010 the lucky ones who got the chance for such a unique experience, were five students from Austria and Germany.
WoMen on the Agenda: Putting Words into Practice The story of the international movement for women's rights started thirty-five years ago with a UN conference in Mexico City, followed by the World Conferences in Copenhagen (1980), Nairobi (1985) and Beijing (1990), however, until today, many obstacles remain and a look on statistics shows the harsh truth, that there is still a long way to go to reach gender equality in this world.
2010 is a significant year for the global women's movement as it marks the 15th anniversary of the adoption of the Beijing Declaration and Platform for Action, the outcome document of the Fourth World Conference on Women in Beijing. Together with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) these documents form the most important international agreements concerning womenÂ´s human rights.
Every year, representatives from Governments, the United Nations, and Non-Governmental Organisations gather at the United Nations Headquarters in New York City for the annual session of the Committee on the Status of Women with the aim to face these problems, evaluate the progress on gender equality and set global standards as well as formulate policies for the advancement of the women worldwide. The CSW, a functional commission of the United Nations Economic and Social Council (ECOSOC),
ELSA had the honour to obtain Special Consultative Status in ECOSOC in 1997. Generally, our days started with the High Level Plenary at the UN Headquarters, which provided the ground for Country Statements with regard to the central topic of the 54th session:
Delegation side, it was very interesting to see, how quickly this frustration was put into energy and the attending civil society was able to raise their voice by common official statements. A common consensus of all attendees was, that it is not sufficient to adopt laws and policies, they have to be effectively implemented. A point is reached where many Member States have pledged their commitment to the Beijing Platform, but what we need now is action. The words need to be put into practice. Not to forget, as law students and young lawyers, but as well just as young men and women we have a chance to engage now for a bright future.
a 15-year review of the mentioned Beijing Declaration and its implementation. A lot of countries had their Ministers for Women Affairs as the head of their delegation and governmental representatives as well as NGOs could listen to the achievements, challenges as well as good practice examples of the countries. In between we took the chance to experience some of the over two hundred side events which were offered by NGOs, UN entities and Governments and covered hot topics and all aspects revolving around women's rights from Abortion to Women's Business Incubators. Leaving a very emotional side event concerning violence against women with speakers from Scandinavia, Asia and Africa, we paused for a thought and took a deep breath on the sidewalks of New York, realizing what a great chance we had to participate in this delegation and to meet women from all over the World that work tirelessly and sometimes even in dangerous situations to dismantle the obstacles to women's rights. Women's Rights affect us all, and its violations are a global phenomenon, which appear at the homes and on the streets of every country in the world. What makes the CSW sessions probably so unique and different to other UN conferences? It's the incredible strong presence of NGOs and its over 2000 attending representatives originating from Afghanistan to Zimbabwe. Above that, it was a truly eyeopening experience to see the advocacy behind the work of the NGOs. Among civil society there was an overall disappointment of the seemingly weak progress of the CSW during the 54th session and especially towards a declaration adopted on the early days of the session, as they felt the document was not only not an step forward but also that civil society was not heard at all. On the bright
Looking back, participation in the ELSA delegations provided us with the chance to gain a better insight into the decision-making and work on the international level. Last but not least, we got a chance to meet Ban Ki-Moon in person and experience the special atmosphere of over 100 countries working together! Not to mention the great possibilities New York City offers and the amazing time we had exploring the City that never sleeps! We can only recommend you all to take this chance, it's been a truly unique experience for us!
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Date: 9th - 13th February 2011 Place: Tblisi, Georgia Working Language: English Contact Information: Irakli Samkharadze E-mail: email@example.com Website: www.elsa.ge Registration deadline: 15th January 2011
Date: 12th - 14th November 2010 Place: Turku, Finland Working Language: Finnish Contact Information: Suvi Kankaanpää E-mail: firstname.lastname@example.org Website: www.elsaturku.fi
National Council Meeting, ELSA Italy
Date: 25th - 28th November 2010 Place: Lewin Klodzki, Poland Working Language: Polish and English Contact Information: Marek Jankowski E-mail: XLIIWZD@elsa.org.pl Website: www.wroclaw.elsa.org.pl
XLII National Council Meeting ELSA Poland
Date: 21st - 23rd November 2010 Place: Bratislava, Slovakia Working Language: Slovak, Czech, English, German Contact Information: Daniela Cickanova E-mail: email@example.com Website: www.lawconference.sk/www.ba.elsa.sk
Date: 22nd - 27th February 2011 Place: Prague, Czech Republic Working Language: English Contact Information: Martina Kalapacova E-mail: firstname.lastname@example.org
International Focus Programme Opening Conference on
Date: 17th - 20th February 2011 Place: Hamburg, Germany Working Language: English Contact Information: Arne Janssen E-mail: email@example.com Webpage: hamburg.elsa-germany.org Registration deadline: 1st December 2010
Reproductive Rights focused on Bioethics
XLII International President‘s Meeting
XXXVI National Council Meeting ELSA Finland
Law as a Unifying Factor of Europe
eLSA Events Calendar 2010/2011
Conference on Media and Politics
SPEAK UP! - The legal right to express yourself freely,
Date: 29th April - 1st May 2011 Place: Warsaw, Poland Working Language: English Contact Information: Kinga Kolasa E-mail: firstname.lastname@example.org Website: www.warszawa.elsa.pl Registration deadline: 27th February 2011
in Air Transport
Consumer Protection and Carrier Liability
Date: 27th March - 3rd April 2011 Place: Poznan, Poland Working Language: English Contact Information: Malwyna Grzybowska E-mail: email@example.com Website: www.icm.poznan.pl
LIX International Council Meeting
National Council Meeting, ELSA Italy
Date: 12 - 14 November 2010 Place: Recklinghausen, Germany Working Language: German and English Contact Information: Helena Bäcker E-mail: firstname.lastname@example.org Website: www.elsa-gelsenkirchen.de
National Officers Meeting, ELSA Germany
Date: 25th - 28th November 2010 Place: Urbino, Italy Working Language: Italian and English Contact Information: Andrea Musella E-mail: email@example.com Website: www.elsaurbino.org
Date: 23rd - 27th February 2011 Place: Gdansk, Poland Working Language: English Contact Information: Jakub Puszkarski E-mail: firstname.lastname@example.org Website: www.gdansk.elsa.org.pl Registration deadline: 16th January 2011
Maritime Law „Global Ocean Governance: From Vision
Date: 22nd - 27th February 2011 Place: Prague, Czech Republic Working Language: English Contact Information: Martina Kalapacova E-mail: email@example.com Website: www.praha.elsa.cz Registration deadline: 20th December 2010
Date: 25th - 31st May 2010 Place: Geneva, Switzerland Working Language: English Contact Information: Claudius Krucker E-mail: firstname.lastname@example.org Website: www.elsamootcourt.org
Moot Court Competition on WTO Law (EMC2)
The Final Oral Round of ELSA
Date: 6th - 8th May 2011 Place: Veliko Tarnovo, Bulgaria Working Language: English Contact Information: Elitsa Vasileva E-mail: email@example.com Website: www.elsabulgaria.org
Conference on Media and Politics
SPEAK UP! - The legal right to express yourself freely,
International Council Meeting, Poznan
ICM Poznan 2011
"30th Anniversary - Please Approach!" On May 4th 2011, ELSA will celebrate our 30th anniversary since the founding in 1981. There will be celebration events all over the Network, one of these is the anniversary International Council Meeting in Poznan.
It is a great pleasure for us to present the LIX Malwina Grzybowska Head of OC International Council Meeting of ELSA, ICM Poznan which will take place in Poznań in March 2011. An event which gives you the chance not only to meet old and new friends and discuss current ELSA matters, but that is also a platform to discuss about our roots, our fears, our goals and our vision. The 30th Anniversary Celebrations It is incredibly motivating to hear that ELSA is still "in the hearts" of its founders, that the idea of multicultural, non-political, non-profit making law association is still alive. But is that for sure? Do these words express the same meaning in 1981 as in 2010? Trying to give an answer to the question stated above, is one of the reasons to celebrate the 30th Anniversary. As the organizing committee, we would like to arrange the most appropriate tools for it. Please, find yourself invited for all the events we planned. There will be not only traditional Gala Ball, but also an Anniversary Debate – a platform for discussion about the past and future, our successes as well as weaknesses. What is more, you would have a chance to feel the winds of ELSA history shown in the Anniversary exhibition. ICM & Organising Committee : The great advantage of this ICM will be its location. The event will take place in the Novotel hotel situated right in the heart of Poznan,
very close to the Old Market. The hotel offers an incredible view over the famous art and trade centre: the Old Brevery. Another reason why our city is worth visiting is the unique atmosphere, as Polish people are famous for their hospitality. Kasia Rybska Organising Comittee ICM Poznan
Furthermore, it is necessary to underline the involvement of the Organising Committee(OC). There is no point in explaining ELSA members that there is no project without people and their passion. We are just halfway through finishing all the preparations, but we have already learned a lot, and we have gained valuable experience. It is true that the effort we managed to make is the result of hard work, and devotion of time and energy. However, and I am sure that the rest of the OC agrees with me, that being an integral part of the event is an unforgettable period in our lives, a great adventure and an honour.
There will be not only traditional Gala Ball, but also an Anniversary Debate – a platform for discussion about the past and future.
International Council Meeting - Poznan
The organising comittee of ICM Poznan
International Conference on Energy Law: One important part of the 59th edition of the ICM will be the International Conference on Energy Law. We would like to show everyone what is the best of a non-governmental organization. That is why this time we are happy to invite not only ELSA members, but also to the specialists in the field, lawyers, and students from different universities to a two-day conference. We believe the International Conference on Energy Law will be both a source of information for people who do not work in the energy industry, and a possibility to exchange opinions among professionals from different European countries. The energy issues will focus mostly on the Third Energy Package of the European Union, legal aspects of development of the renewable energy market and fuel market. Why this topic? Because our purpose is to show that every single person is involved in the energy-related problems and this is why everyone should be aware of them.
The academic programme will consists of workshops, panel discussions, and lectures, all given by the specialists; as well as a job fair of law companies. The form of the conference is planned carefully to attract a wide range of participants. You will definitely find something appropriate there! It is all about involvement... ELSA could not exist without the power of engagement. As active ELSA members, we are learning how powerful this instrument is and how challenging can be, not only to arise it in other minds, but also to keep the fire of involvement strong. We can all be proud that it has been burning for almost 30 years and is far from fading. How could we not celebrate it? According to the rule that ideas should be lived out, we would like to make the event both academic and professional. Come and visit us in Poland and experience it on your own! Official anniversary logo of ELSA. Marking that the event is related to the anniversary celebrations.
The Founding of ELSA
The founding of ELSA
The beginning of a lasting adventure Written by Wojciech Kostrewa, polish cofounder of ELSA, for the 25th anniversary in 2006.
ELSA has been, and still is in our hearts; it is not possible to be more grateful than we are that ELSA has stayed alive through so many difficulties and tensions. It is unprecedented luck, that neither political changes, nor aggressive personal aspirations were able to destroy our dream. It is inspiring to see that members' values and the cross country cooperation live on. As we understand, ELSA commitments became an important factor of young lawyers' professional attributes, and an excellent factor of recommendation for outstanding jobs. Wojciech Kostrewa Co-founder of ELSA
"ELSA commitments became an important factor of young lawyers' professional attributes, and an excellent factor of recommendation for outstanding jobs." For some of us the story started two years before the actual foundation took place. Attila Tárkány Szücs, law student in Budapest and later ELSA founder, knew Ernst Wurz, Chairman of the Austrian Student Organisation, Studentenschaft, and later also ELSA founder, for a long time from the bilateral student projects between Vienna and Budapest.
Attila had been discussing with Ernst an idea of broadening networks on the level of law students in Europe and subsequently presented to his University the idea of setting up a network of law faculties in nearby countries to give a chance for law students go international in an everyday more international world. The Deputy Dean of the Law Faculty supported the idea, as well as the idea of student selfgovernment, so Attila started to roll out that network. Soon, there were conferences in Budapest with law students from Berlin, Prague, Kiel, Moscow, Novi Sad, Vienna and Warsaw. It happened that Ernst participated in a conference of Christian Democratic Law Students in Portugal in the summer of 1979, where the actual idea of ELSA was born. With a German colleague, Jürgen Sattler, later also ELSA founder, they elaborated on the idea of a multinational, non-partisan, non-profit law student organisation. Ernst proposed Jürgen to get also Hungarians in, and wanted him to meet his Hungarian counterpart, Attila. Ernst could not give Attila's full name, or address, or a phone number; so Jürgen only knew that he needed to meet "Attila in Budapest". It was – beyond Jürgen's extraordinary talents – a series of unbelievable accidents that they could meet. Despite vacation time, Attila was doing some papers at the Law Faculty and after an unbelievable ten minutes research record of Jürgen, they could have a goulash and a couple of beers in a student pub nearby. They needed another ten minutes to become friends for life, and carry on with the idea of ELSA.
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The Founding of ELSA Later on, Attila proposed also to get into the loop his counterpart in Warsaw, Wojciech Kostrzewa, that is, me. Attila knew me from the bilateral co-operation between the University of Budapest and the "Sientific Working Circle" (Kolo Naukowe Prawnikow, or KNP) in Warsaw. I was invited to join a conference in Budapest in November 1980, where I met Attila, Jürgen and Michael Goldinger, a law student from Austria and later also an ELSA founder. We discussed over a tasty Hungarian wine about "Polish revolution" and freedom, and about the idea to create ELSA. I immediately supported the initiative. Despite all sceptical comments, we wanted to use the fact that the "Solidarity" movement in Poland had created a positive atmosphere for such initiatives. We all agreed to organise a conference in spring 1981 and to make all what would be needed to found ELSA. And so, on the 4th of May, 1981, in Vienna, the traditional place of multilateral agreements and cooperation of Eastern and Western countries, the foundation took place with our signatures. And despite all the arguments and hassles, Poland became a full founding member, while Hungary signed up as an observer founder of ELSA.
"For all founders it was an invaluable and non-negotiable condition for the organisation, that it was a non-political and professional organisation of law students" For all founders it was an invaluable and non-negotiable condition for the organisation, that it was a non-political and professional organisation of law students, which position had to be defended heavily from attacks of diverse national party junior organisations – we never let an inch from this basic agreement, because the organisation would have had exploded immediately. Once, in a deep and aggressive argument with Scandinavian law students Attila said at the Council Meeting that if this trend stayed, he will leave the organisation; and that was the final argument and the dispute was closed down forever. Thank you all for your care and attention while we were in London at the Anniversary International Council Meeting in March 2006. It was our pleasure and privilege to be with ELSA on this very special anniversary. We are proud of what ELSA has accomplished, we are proud of the excellent programs, organisation and activities, synergies and outreach, but, at the bottom line we are proud of you all to carry out our vision. Thank you for not having forgotten us!
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Let us wish you a happy birthday, fun and joy for the celebrations. ELSA is not a kid anymore, it is a beautiful and meaningful citizen of every member country. Please, be sure that the founders' hearts are always with you – but the future is on you. We all are proud of you, we will continue to keep our fingers crossed for ELSA, and celebrate with you all. We are proud of your achievements, your dedication and the care you have given to develop the organisation. God bless you and ELSA! I am proud if I ask my colleagues in other countries if they know ELSA and they explain to me what role they play in ELSA Local Groups, what plans they have and how ELSA work will be an excellent reference for a good job – in the majority of the cases I do not even mention that I have a close relationship with ELSA, but I just take a deep breath and look through the window with a certain warm feeling in my heart.
ELSA Moot Court Competition
"Organizing a regional round" ELSA has two regional rounds of the EMC2 in Europe, in 2009 they were in Helsinki, Finland, and Leuven, Belgium.
Organising an international ELSA event is always a great experience. ELSA Helsinki's journey from applying in May 2009 to host the Regional Round of the EMC2 until the actual event took place, in March 2010, was definitely not easy all the time, but it made the Organising Committee even more enthusiastic about ELSA. The weekly OC meetings, a lot of questions to Amanda Bertilsdotter Nilsson, the VP AA of ELSA International, and the countless hours of hard work finally paid off between the 10thand the 14th of March. Our wish was that the teams and the panellists would enjoy the Regional Round in Helsinki, because for teams it is a stressful situation and the panellists donate their precious time to Jaana Saarij채rvi President ELSA Finland
our competition. All the feedback we received confirmed that we reached our goal. There were surprises along the way, as there are always some things one cannot expect beforehand despite careful preparation. One example of this is when one of the OC members was stuck in the metro and she was the only one with a key we needed that morning. One of the things, that made us efficient during the Regional Round was the fact that we had divided the responsibility to make quick decisions to more than one person. This meant that if one person was, at a given time, unreachable for the other OC members, teams and their coaches, panellists or Amanda, they could contact another.
EMC 2 Even though all core members of the OC had a specific task they were responsible for, everybody helped each other during the Regional Round. We even had some people who only assisted during those days. It is a good idea to make a schedule beforehand about what every OC member is doing and when during the event. This is a good way to make sure that there is a person for every task, and also other OC members know who to contact. Fundraising was a challenge, but we learned to think outside the box and actually made a profit on the event . We got the venues for the pleadings for free from the University of Helsinki and the Supreme Administrative Court. The University helped as a lot in other ways too, as they organised an evening event and lunches for the panellists. The City of Helsinki offered us the welcoming reception and the Ministry for Foreign Affairs of Finland paid for the gala dinner. It also helped considerably that everything was within walking distance. However, there should be a sufficient amount of money in the budget for unforeseen expenses as there always are some. A good example of this was a panellist arriving earlier than expected, which forced us to pay for a taxi instead of the car ride we had arranged. Timekeepers are a very important part of the Moot Court Competition. It took the OC some time to figure out how many were needed. In the end we had five people as timekeepers as we needed two or four at the same time depending on if there were one or two pleadings concurrently. This gave some flexibility with regards to the timekeepers' own schedules but, at the same time, kept the group within a reasonable size, as Amanda needed to train them all in advance. One might wonder what an OC member gets in return for all those hours spent organising the Regional Round. Of course there are important contacts for the future in the form of prestigious panelists and participants teams. Also, one's own skills develop for example in
teamwork, organisation and problem solving. Never underestimate how it improves the Board's group dynamics to work together for something more substantial than usual. I have also noticed how organising an international event affects the interest that is generated towards ELSA among students. It shows that we provide something different and it promotes ELSA in a special way. The main reason we applied to host the Regional Round is the fact that the best way to market ELSA is to show all that we offer. Our aim is to get more Finnish students to participate in the EMC2 in the future, and we believed this was the best way for them to discover the competition. I owe a huge praise to the amazing OC members and the wonderful Amanda Bertilsdotter Nilsson for the great job during the Regional Round in Helsinki!
"One of the things, that made us efficient during the Regional Round was the fact that we had divided the responsibility to make quick decisions to more than one person."
Visiting Wronki prison
The trip to the Wronki Prison is the most recognizable and flagship project of the Academic Activities area of ELSA PoznaĹ„. It is also very popular among students. The participants have great and unique occasion to meet tutors, guards and even the prisoners. Students are familiarized with the history of the penal institution and problems of the modern penitentiary system. Piotr Szulc VP AA ELSA Poznan
The prison was set up towards the end of the XIXth century in the Philadelphian System, which consisted of providing single cells, round-theclock isolation, and studying the Bible. During the communist regime, the institution's function was to serve as a facility for the imprisonment of the anti-communist activists from "SolidarnoĹ›Ä‡". Nowadays, it works as the prison for recidivists. There are almost 1500 inmates making it the biggest prison in Poland, and one of the biggest in Central Europe. A Fundamental issue in the Polish penitentiary system is overpopulation. There are 85000 prisoners in whole country and over 30000 condemned are waiting to be put in prison. In some units, the number of inmates exceeds the number of capacity by half. The law that guarantees 3 square meters per person in cell is not observed, with gyms and canteens being converted into cells. Furthermore, Poland has the third highest incarceration rate of EU countries (the number of inmates per 100000 inhabitants is 230). The reason of this situation is the strict law and criminal policies practiced by courts: around 70% of the sentences are to prison. As a result, the frustration and violence among prisoners increase rapidly. Conditions in penal institutions are favorable for the development of prison subculture, which is a highly negative phenomenon and has
disruptive influence on inmates. Subculture members use their own social norms, slang, sign system and tattoos, with the aim of committing crimes, fighting the judiciary- and security agencies and bullying other prisoners. This is a big concern, since youngsters are especially prone to the influence of gangs. The high rate of recidivism is result of ineffectiveness of the most of the rehabilitation actions, social stigmatize after ending the punishment and lack of postpenitentiary assistance. Prison Service Officers are poorly paid and overburdened with an excess of work and duties. Prisons also contend with the problem of perennial underinvestment as a result of society's aversion to transfer public money for criminals. In spite of the difficulties, the prison staff tries to perform their duties professionally. Certainly, the positive side is the introduction of innovative methods of rehabilitation in Wronki Prison, such as cultural development. Thanks to the involvement of celebrities, inmates have the chance of listening to a concert, meeting with a famous sportsmen or actors, which is also significantly aimed atkeeping the bond with the society outside. During some of the visits, students have an opportunity to watch the performance by a prison theatre group or prison choir which always evokes the perception of the prisonersas people gifted with skills and talents. Furthermore, part of the inmates have a chance to work in the nearby metallurgical factory. Summarising, this Law Event teaches not only how imprisonment looks like and the situation "on the other side of the wall", but first and foremost it teaches us sensitivity and respect for mankind.
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New topic of the International Focus Programme
Health Law - the new focus Health Law was selected as the new topic for the International Focus Programme (IFP) during the International Council Meeting in Malta for the period 2010â€“2013.
The IFP is a common focus for the whole ELSA Network to concentrate on a hot legal topic and to create awareness and develop high quality academic results among law students and young lawyers. The idea with the implementation cycle is that the events will go deeper into the topic and find more angles as the years go on. The first year is dedicated for planning and for creating awareness of the topic in the Network, the second year is for realising and developing the projects, and during the third year, the peak and final results of the programme will be made as the Final IFP Publication will be published and the Final IFP Conference realised. Of course, also the new IFP topic will be planned and decided upon during the third year, in order to create continuity in the Network. Sofia Kallio Director for IFP ELSA International
For the next three years, the ELSA Network will focus on Health Law and there will be events and projects organised on the local, national and international level. The biggest international projects are the IFP Opening Conference which will be held in Prague, Czech Republic 22nd â€“ 27th February 2011 and the IFP Essay Competition which will be launched during the International Council Meeting in Alanya, Turkey. As the IFP should be implemented in all the activities of ELSA, we will see legal research groups, STEP traineeships, moot courts and other legal events concerning the topic Health Law. Health Law is a developing area of law internationally, and it offers a great deal of possibilities for organising academic events.
The ELSA Network is an especially beneficial forum for the discussion, since the issues that Health Law deals with are common for all, but the approaches and legal solutions are widely depending on the culture, religion and political situation of the country. The global or European problems regarding health have to be solved with global or European means, and wide discussion of the values behind the legislation is needed. As people travel and move more frequently from one country to another, the questions of access to health care, health insurance or combating pandemics become more and more relevant. The recent discussion for example concerning the swine flu and the means for combating it has surely made everyone aware of the importance of legal regulation concerning health care and research. Health Law is an interesting field also because the issues related to it also feed our artistic imagination: there are numerous films made with regards to cloning of human beings. What is interesting for a lawyer is that whatever the science can create, we still need common rules and regulation to decide what kind of methods can be used and for what we can use the outcome. In order to master the legislation concerning health care, bioresearch and medication, it is crucial to understand also the relevant ethical, scientific and financial aspects. The questions concerning Health Law concern also some fundamental questions: where does life begin and where does it end; who has the right to decide about the health and treatment of a patient or an unborn child; how much should science change the natural course of things for example in reproduction and genetics; what is "natural"?
IFP Traditionally, Health Law has been associated with medical law, covering the legal aspects of medical practice, such as malpractice suits and patients' rights. In the current society, the doctor-patient relationship is changing due to a change of perspective â€“ the target of the treatments is actually a client instead of a patient, and the doctor is assisting the patient in giving the treatments
The ELSA Network is an especially beneficial forum for the discussion, since the issues that Health Law deals with are common for all. instead of paternalistically making the decisions. Another development is the borderline of public and private health care turning more vague, thereby causing numerous legal problems in the position of the patient. Also the previous topic of the International Focus Programme, Intellectual Property, still plays an important role in the topics of the ELSA events. Pharmaceutical companies depend on patenting their innovations and trademark law is important to master for a lawyer in the field of pharmaceuticals. Intellectual Property and Health Law have even more in common, when it comes to biomedical research: the Human Rights approach is needed when examining the legal framework of stem cell research, especially concerning embryonic stem cells, and the commercialisation of products and innovations with human origin. An interesting case to follow is the state funding of stem cell research in the USA, where the situation is currently in court examination. Concerning research, the activities are naturally conducted by international research institutions and groups, or at least the funding of the projects has international ties. The research activities have traditionally been under the self-regulation of the field and soft law instruments are important, but nevertheless, international legal instruments have been made within the United Nations and the Council of Europe. On the European level, an interesting document is the Convention on Human Rights and Biomedicine (Oviedo Convention) of 1997 and its four additional protocols concerning the transplantation of organs and tissues of human origin, biomedical research, cloning and genetic testing. The Convention is currently signed by 26 European countries, but holds even more influence due to the case-law of the European Court of Human Rights. The Convention was drafted within the Council of Europe which also deals with Health Law through, for example, the Europesynergy magazine
an Directorate for the Quality of Medicines and Health Care, the Steering Committee on Bioethics and the European Health Committee. The role of the EU with regards to Health Law is also interesting. Even though the field is still under the discretion of the national legislator, the access to health care is listed in the Charter of Fundamental Rights and the questions regarding patient mobility are becoming more and more important. In addition, several agencies of the European Union deal with Health Law legislation and monitoring, for example the European Chemicals Agency (ECHA) in Helsinki, the European Medicines Agency (EMEA) in London and the European Food Safety Authority (EFSA) in Parma. Regarding bioresearch, it is without a doubt that the European Union also has to look at the developments taking place in the USA and in Asia in order to keep up with the pace. This article has presented just a glimpse of the issues that will be dealt with in the ELSA events during the next three years. I encourage all of you to take part in the events and in the discussion concerning the legal field that literally affects our lives.
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ELSA in Copenhagen
"The Story of An ELSA delegation" The World was united and divided in Copenhagen at the COP15 in December 2009 – ELSA was there with front row seats.
Seeing as all eyes of the World were pointed at Copenhagen during the Conference of the Parties (COP) for their 15th meeting, I ELSA Delegate will not attempt to try to explain what the actual summit was for, as others seem more apt to do so. For the legal youth of Europe it is, in my eyes, much more interesting to give an initial idea of what an ELSA delegation is about. Roughly it can be put that ELSA offers various highly valued real life experiences to its members by facilitating visits to WIPO in Geneva, the UN in New York, and the list goes on.
exclusive insight and access to the actual work, which isn't normally available to the public. After the agreement has been entered, the International Board seeks for delegates within the entire Network by sending out a call. The requirements of these members are that they are apt to represent the Network, and that they have legal interest and basic knowledge within in the legal subject of the delegation.
"We felt very privileged considering the thousands of people outside the venue, who were trying just to enter"
With my interest for the UN and the whole political life surrounding it, I was very interested and applied for a spot as soon as I saw the call put out to the Network.
The way a delegation works from the beginning to the end starts with an agreement by the International Board of ELSA with an institution or organization to send an observer delegation to overlook mainly the legal processes . This allows members of ELSA to get an
Our experience started by queuing for four hours in Copenhagen's – at the time – unforgiving cold weather. While waiting to become registered, we met interesting people from all over the World. We especially enjoyed the tales about lions from a cameraman from Kenya.
Christian B. Strømlund
The delegation I joined for the COP was a brand new delegation opportunity within ELSA. It had come to be by collaboration with the International Forestry Students' Association (IFSA), who provided ELSA with access to the COP venue.
I was one of the five lucky ELSA members who got selected by the International Board to participate, and thus the dream had begun.
Delegation After the wait, we had our access passes and the adventure was, at last about to begin, or so we thought. The COP turned out to be an information-nightmare. No one ever really knew what was going to happen and when, but one thing was for sure – we intended to be there! Every day for the COP's duration of two weeks we had to queue up for a great deal of hours and to add to this, towards the end, the UNFCCC decided to limit the number of delegates who could enter the venue. With the ever presence of ELSA, we managed to get very exclusive passes to ensure our spot during the exciting finish. It was during this time that we attended speeches by UN Secretary General Ban Ki-Moon, US Senator John Kerry, Governor of California Arnold Schwarzenegger, and a brief personal meeting with UNFCCC Secretary General Yvo De Boer. We felt very privileged considering the thousands of people outside the venue, who were trying just to enter. Via the side events we got to hear prominent speeches by Danish Prime Minister Lars Løkke Rasmussen, the royal families of Sweden, Norway and Denmark, and not to forget the chair of Intergovernmental Panel on Climate Change Rajendra Pachauri. This prominent list really illustrates the magnitude of the event, and what we, as delegates, experienced up close. Before the COP was over, I started to consider myself as a "treehugger" – with an in-depth insight as to how extensive the political work is in the UN. It was a shock to see one's enthusiasm being
shattered with the COP's failure. I had never thought that I would feel so involved, but the whole feeling of the event rooted itself in me, which is why I hope this won't be my last delegation. During the two weeks the event lasted, I got to know my fellow delegates, who I had housed in my personal quarters in Copenhagen. As a recurring feeling from all ELSA events, I feel that I made new friends, who I got to know as professional likeable people with a great future lying ahead of them. I can definitely recommend any law student in Europe to apply to become part of an ELSA-delegation. You feel proud that you can represent an important student organization, and you begin to see the possibilities that Law provides in the international professional life. Just look out for the Delegation-Call and seize the opportunity!
ELSA International Team 2010/2011
The international team of ELSA
One team working for the Network
Laurits Ketscher Vice President Marketing Hometown: Copenhagen, Denmark Date of birth: October 9th, 1985
Óscar A. Lema Bouza President Hometown: Corunna, Galicia, Spain Date of birth: October 26th, 1987
Ezgi Kılınç Vice President Academic Activities Hometown: Istanbul, Turkey Date of birth: December 21st, 1987
Olga Sendetska Director for Financial Management Hometown: Tysmenytsya, Ukraine Date of birth: July 24th, 1988
Paolo Amorosa Vice President Seminars and Conferences Hometown: Siena, Italy Date of birth: September 18th, 1982
Filipe Bismarck Secretary General Hometown: Borba, Portugal Date of birth: July 15th, 1987
A. Elif Yıldırım Vice President Student Trainee Exchange Programme Hometown: Ankara, Turkey Date of birth: May 25th, 1988
ELSA International Team 2010/2011 Directors ELSA International Marje Mülder Director for EMC2 Hometown: Frankfurt an der Oder, Germany Date of birth: March 14th 1986
Vilté Kristina Steponènaitè Director for Advertisements Hometown: Vilnius, Lithuania Date of birth: July 24th 1990
Sofia Kallio Director for IFP Hometown: Heinolan mlk, Finland Date of birth: July 30th 1984
Laura Schmitt Director for Alumni Hometown: Berlin, Germany Date of birth: January 21st 1987
Malin Adréasson Director for STEP Hometown: Göteborg, Sweden Date of birth: October 17th 1988
Kim-Julia Zamljen Director for Anniversary Hometown: Gelsenkirchen, Germany Date of birth: November 11th 1986
Arvind Rattan Director for Training Hometown: 's-Hertogenbosch, The Netherlands Date of birth: November 29th 1986
Assistants ELSA International
Simin Yalçıntas Assistant for Delegations Hometown: Ankara, Turkey Date of birth: April 20th 1987
Katarzyna Stecko Assistant for Market Research Hometown: Bydgoszcz, Poland Date of birth: May 13th 1988
Peter Christian Binau-Hansen Assistant for ELSA Online Hometown: Copenhagen, Denmark Date of birth: June 30th 1987
Sonia Vigdorovits Assistant for SPEL Hometown: Oradea, Romania Date of birth: May 17th 1990
Angelica Bertino Assistant for Grants Hometown: Turin, Italy Date of birth: August 13th 1985
Anna Kolloch Assistant for Study Visits Hometown: Plock, Poland Date of birth: January 15th 1987
CBL Law School
Valentina Pavel Participant ELSA Romania
This summer a new opportunity had arisen for ELSA members: taking part in a three weeks summer school in Shanghai and Beijing organized as a joint programme by ELSA and CBL International.
As a participant of this summer school I am glad to share part of my experience with you. During the summer school the main topics were: legal system of the People's Republic of China, Chinese tax law, intellectual property rights in China, ASEAN dispute settlement and Chinese labour law. These topics were especially worth analyzing and comparing to the European system mainly because of China's rapid development and substantial growth. It is very interesting to see the differences when it comes to implementing laws that are basically the same as the European ones but practiced in a totally different hierarchical and political system.
& Xu, Google, Schindhelm, Tecis and institutions like the European Chamber of Commerce, the US embassy and the German Center at the Zhang Jiang high-tech park in Shanghai. The best thing about this summer school was that I could meet people from all over the world (USA, Iran, Malaysia, Singapore, France, Belgium, Sweden, Italy, Switzerland, Austria, Germany, Poland, Czech Republic, Ukraine, Russia, Finland) and discuss cultural dif-
The visits to important companies and institutions were a strong attraction for participants since we could interact with representatives from: PriceWaterhouseCoopers, Deloitte, Siemens, Thomson Reuters, Lehman, Lee
ferences, as well as political and legal issues, all in a very interesting and challenging setting as the one we had to adapt to in China. Of course the sightseeing programme is also worth mentioning, since the organizers arranged VIP entrance for us to several pavilions at the World Expo Shanghai 2010 like the USA, Mexico, Switzerland, Austria, Germany or India, a Big Bus tour in Shanghai, a visit to the Great Wall and the Ming Tombs in Beijing. The language barrier was the most important challenge we had to face, but thanks to the CBL planned Chinese language course we actually gained some basic knowledge in order to manage while at the restaurant, in a cab, bargaining in a shop, asking for directions, meeting someone and introducing ourselves.
China is definitely a place worth seeing not just because of its unique landscape and architecture, but also to understand a new culture, religion and way of life. I strongly recommend an experience like the one I had for a broaden horizon of knowledge and for experiencing new life concepts. Also I have to say that China is definitely the place to be in the next 10 years. The reason behind this statement is the government's daring development plan called Shanghai 2020. This plan aims to transform Shanghai in the world's first financial and logistic hub by the year 2020. And with the current development rate they are experiencing there is no doubt that they will actually succeed. Having the implications of such an initiative in mind you just might want to consider Shanghai as a strong candidate for your ambitious future career plans.
"The best thing about this summer school was that I could meet people from all over the world... and discuss cultural differences, as well as political and legal issues."
Being active in ELSA
"Finding the ELSA spirit"
I have never been a part of any student organization in my life. To me, these groups seemed pretty pointless, having always thought things can be done more efficiently if done by individuals. But, as they say, fate would have it otherwise. One day a blue leaflet was given to me, inviting me to a meeting, and I timidly decided to give student organizations a chance. Out of the very few that exist on the Zagreb Legal Faculty, I chose ELSA. Ema MenduĹĄic Ĺ kugor ELSA Zagreb
astounded (not knowing anything about ELSA up to that point) to find out that ELSA wasn`t just something that existed on our faculty. I discovered a huge, well oiled machine, that has been connecting students Europewide for several decades. I think everyone in the room felt pretty much the same. I decided to stay, and so did many others.
In Zagreb, ELSA was founded in 1986, but its glory days were long gone. The older students in charge wanted to get back to their studies, and ELSA seemed to have been doomed. It was, however, saved by three enthusiastic students, unwilling to give up, and in desperate need of working power to get ELSA back on its feet. Their relentless recruitment action lasted several weeks and brought blue leaflets to hundreds of hands, including mine. Half scared to death, but looking all smooth and intelligent, I attended my first ELSA meeting. I was
We have come a long way from those shy beginnings. Having drunk quite a few constructive coffees together, we became not only partners, but also friends. And as our friendship grew, so did ELSA and its projects along with us. We have organized several institutional visits, including the Croatian Constitutional Court, the famous prison Remetinec and our oldest mental institution, Vrapce. We`ve also had several big projects during the year. Firstly, there is the Little School of Human Rights, a ten week seminar, dedicated to the 50th anniversary of the European Convention of Human Rights. We have organized the Simulated Parliament, that included members from all Croatian ELSA`s and several other schools, simulating a parliamentary discussion about a new law on artificial insemination. These experiences were some of the most exciting in my life. In the summer, we are organizing our annual International Summer Law School, which invites all ELSA members to participate in a one week seminar on human rights synergy magazine
and the problems of globalization. For next year, we are hoping to also prepare new academic activities and STEP programs. I do not wish to brag by telling you what we have done so far. I want to tell you that you should never be afraid to try new things, because they might turn out great. Just look at what happened to me. During this past year, ELSA has become an important part of my life. It is an amazing feeling to be a part of something like this, being able to see a project that you have contributed to bring to life. I`ve found my ELSA spirit, what are you waiting for?
"I discovered a huge, well oiled machine, that has been connecting students Europewide for several decades."
ELSA House Training Week 2010
The challenge of challenge, teamwork! Coming together is a beginning; keeping together is progress; working together is success.
From 11th july to 18th july the ELSA House training week took place in Brussels. The event was a great opportunity to exchange experiences and point of views between the participants, both freshers and officers, to know new amazing people and the upcoming International Board. The aim of the week was to train and give the possibility to acquire more knowledge about ELSA, providing with cultural experiences and enhancing the personal skills of all participants. The program included trainings on several skills such as presentation, communication, conflict management and many more. Angelica Bertino International OC EHTW ELSA Italy
It also integrated visits to different European Institutions and sightseeing in Brussels and in romantic Bruges. ELSA is about more than academic program and sightseeing, it is also about getting to know people through teambuilding at the different social events the ELSA House Training Week had to offer The week started with the legendary Transistion Barbeque that took play at the ELSA house in Brussels. The BBQ was a great chance for the participants to meet the International Boards 2009/2010 and 2010/2011, as well as to see the World Cup final with over 100 students from all over Europe, including Dutch and Spaniards.
The key word is communication, whether the team is communicating well, they are working together efficiently, and they are aware of what the goals are and how they will be accomplished. Without constant communication, there is no teamwork. With no teamwork, there's no team, but only a group of individuals doing their own thing and likely duplicating efforts. An Important part of the teambuilding was also going to the parties together! Sharing amusement as well as worries and job made us a real team. I was lucky to have had such a wonderful and capable crew and I would recommend to anyone such an experience. It is a chance to test your skills and to learn how to be part of a team, which is an amazing challenge, especially if it is an international one. So intense, the ELSA House Training Week is the best opportunity to get an insight into realities of our Association. All of this, combined with an excellent occasion to have a great time and make many new friends! Anyway if you missed this amazing week don't despair, just wait until next summer and join the EHTW 2011!
As member of the International Organizing Committee, I have experienced this event in a particular way. Being part of a team is not always easy, especially if it is made by people with different cultural backgrounds. One of the most difficult things is to feel like a team with people you meet for the first time, but the harmony is very important for teamwork. What was the thing which helped us to think and work as a group? The ELSA spirit of course!!
One STEP ahead
Dariya Oliynyk VP STEP ELSA Kyiv
Hello from friendly Ukraine!
ELSA Ukraine would like to share the unforgettable experience of meeting a trainee. This summer it was the first time a traineeship was held in Ukraine! And we hope it will start a new successful STEP era in our country. Here I should mention that the STEP program in Ukraine has been a bit frozen for years, and all attempts of job hunting were in the doldrums. The fact is that every year in Ukraine about 5,000 law students graduate from their universities. Demand for jobs in this industry exceeds the offer. Ukranian students agree to work for free for companies to gain experience. However, most law firms in Ukraine are not interested in paid internships for foreign students. And when we finally found the company that agreed to cooperate it was a great disappointment to receive only a few application forms for this traineeship. It seemed that very few students want to visit Ukraine. I realize that Kyiv cannot be compared with the developed megalopolises, with their brilliant infrastructure facilities, famous sights, world-known law firms and so on, but I'm sure that Kyiv is a city to which you want to return once visited it. Even for me it looks rather exotic
"Working hours and time for rest were well enough balanced so that she could spend a lot of time with the ELSA Kyiv Local Group."
each time I walk around it! Only here you can listen to kobza, our national musical instrument, at subterranean corridors, played from old men dressed in our national costume with gray moustache and forelock; and try the Ukrainian cuisine. Here you can walk down the ancient streets admiring churches which domes are shining in the sun or around the beautiful countryside around the city! And if you are not that much of a romantic, a lot of state-of-the-art night clubs, shopping malls or pubs are waiting for you in Kiev. You can spend some fantastic time here! Our trainee, Slawa Walzenbach from ELSA Heidelberg, was well received by the firm. She worked under the guidance of a German lawyer that helped her to adapt to the peculiarities of Ukrainian law faster. Working hours and time for rest were well enough balanced so that she could spend a lot of time with the ELSA Kyiv Local Group walking around the city, visiting a famous national open-sky museum and some nice shops, of course! In conclusion I'd like to emphasize that the first Ukrainian traineeship was put into reality by the integrated efforts of two Ukrainian local groups â€“ Kyiv and Lviv. And this is a good example of cooperation within ELSA! Cooperation should be at each level of our organization, and not only among Local Groups. We should remember that we are not competing for the best group, we all are working for one common purpose. So team up! And don't forget to look through the available traineeships. Maybe it is your chance to visit our beautiful country, Ukraine!
Life after ELSA
Dedicating one year to ELSA
"���������������� Life after ELSA�" As with the international board of ELSA, there are two national boards that work full-time for ELSA, namely Germany and Poland.
It has been over a half a year since the term of office of ELSA Poland National Board 2009 ended. Each of us returned to their own lives and now a question appears: how has ELSA changed our lives or even more simpler: how has ELSA changed us? Karolina Kolakowska Former President ELSA Poland
I remember my first contact with ELSA - it was during a summer camp for freshers organized by ELSA in 2005. I was told that being a member of this association would give me many opportunities to develop myself and my interests. When I saw there people elder than me who seemed satisfied with ELSA and who had great fun spending time together I believed in each single promise and I decided to get involved in the organization's activities. It had not lasted long till ELSA became a part of my life: giving me new challenges, friendships and leading me to the position of the President of the National Board. Of course, a year spent in Warsaw in ELSA House was much more full of events, new experiences and knowledge to get than activities at a local level, yet I do not want to overrate this time because I think that most ELSA - experiences are common for all active ELSA members not only the members of the National Board.
If you prepare meetings for students with HR managers who present different career paths, methods to deal with stress during a job interview or to write an excellent CV or motivation letter, you simply pick up all tips. Different trainings prepared for you by ELSA trainers or prepared by you for other ELSA members or students develop your soft skills. Nevertheless, organizing big projects in a team teaches how to handle time pressure, conflicts or huge responsibility. These are ELSA profits that is hard to estimate their market value unless that is done by a 'real - after ELSA' life.
"The first idea was to use the contacts that I had gathered. ELSA is about connecting people and gives you so many opportunities to meet new people, also professionals." The end of my term of office timed with the end of my law studies. For each student graduation means somehow a new beginning that brings new challenges - one of them is job hunting and
Life after ELSA when it comes to law firms ELSA has its meaning as we know each other but it cannot be your only advantage. You cannot escape from the need of proper legal education. You should not expect that ELSA shall justify shorter recruitment process as you still need to prove that your legal studies were not empty years. If you apply to an international law firm it seems obvious that you must know legal English and they may check it in a test.
for me that was the point when I expected all ELSA promises about my bright future to come true. It was quite ease to write a CV, a cover letter or to search for job offers on the Internet - I knew how to do it. It was really much more difficult to answer another question: what do I want to do in my life? You see, in my case the National Board and all our achievements overthrew my previous life plans that had been connected strictly with law. However, after all years in ELSA rewarded with my term of office in the Board I thought how great it would be to organize more projects, to deal with marketing issues, so I hit the biggest FMCG companies. For them my ELSA experience was interesting yet not fully trustworthy. Why? Because those companies do not know ELSA as we cooperate mostly with law firms. What is more, in that case my legal education seemed to be too narrow and inflexible as I lacked any marketing or economy education. I started to re - evaluate my achievements and got to wonder how I could use my academic background and ELSA together? The first idea was to use the contacts that I had gathered. ELSA is about connecting people and gives you so many opportunities to meet new people, also professionals. There may appear a question whether it is ethic to make use of the contacts that you met because of ELSA. You got so many visit cards, there are so many e - mail addresses in your e- mail box, yet you owe it all to your activities in the association. Would it be unfair to write to a HR manager that you know from the meetings? In my opinion, each ELSA Member must answer this questions on their own. However, I did make use of some of the business cards and I am not ashamed of it. Let me explain why. If you put your ELSA experience in a CV, you must be aware that you become some kind of an ELSA label or business card. You are still ELSA representative although you might have finished with it. If you realize that fact, it is simple to get to the point that synergy magazine
In my opinion, there is nothing wrong in searching for opportunities as long as you remember the abovementioned rules. ELSA gives you many advantages and golden opportunities too. You can easily pay it back by good representation - make use of all you features: ELSA, academic achievements, other hobbies or interests. The association should be one of many parts of your life and during your activities you should not limit yourself to the one only as they all count in the end. Last by not least there are some friends' issues I would like to mention. Being a member of such an organization as ELSA is recognized by many people in a very narrow way. We create a group of people who spend much time together, have some rules to apply to become a member of this group and these things may seem to the others as a little bit snobbish. What can we do with that? We should spread all over the world that ELSA may bring you the most beautiful thing in the world - friendships that I hope will last through a life time. Big challenges, common projects make people come together, they share their emotions, fears and expectations - I consider this a very solid base for a very long standing relationships. However, working with people does not always mean success and joy. People are one of the most unpredictable working material and it is crucial to know it. Once you realize it, you can appreciate more the moments when people can share satisfaction. In such big organizations as ELSA it is really hard to like everyone - we are different people and that is beautiful. We can learn here how we can appreciate those differences and make use of them instead of fighting. Sometimes, you must just put your emotions aside and move on with the project. I think that is one of the most important things that I have learned in ELSA. Life after ELSA? It is really influenced by ELSA experience. That was great time and although there were some tough moments and I do not regret any single minute of it. Any broken promises that I heard at the beginning? No, there are not. However, I had to realize that as in the whole world also in ELSA nothing is for free. Have I fulfilled my promises toward ELSA? I hope so - if not I still owe it a lot for all the joy and adventures that it gave to me. 49
"A new National Group ELSA Ireland" At the LVII International Council Meeting in Malta, Ireland was voted in as an observer group of ELSA.
Ever since hearing of the European Law Daniel Regan Students' Association we have been eager to Diretor for Training ensure that the organization was established ELSA Ireland in Ireland. Ireland has long been an integral part of the European Union and is a committed member of the Council of Europe. Ireland, with its long and distinguished history has always been committed to European integration and co-operation. The spirit of co-operation, fellowship and brotherhood that is integral to the ELSA Network is also important to Irish law students and for that reason students here were very eager to become part of the Network. At the beginning of the 2009/2010 academic year we made contact with ELSA International and began Ireland's road to observership. The support of Leonid and the International Board was essential to the success of our application. The International Council Meeting in Malta was where Ireland's observership began . We were delighted to travel to Malta to make our presentation for observership. We were very excited about the prospect of entering the Network and were excited about seeing the Network in action. Our expectations and excitement were more than fulfilled on the beautiful island of Malta. The ICM was an extraordinary experience and was one of the greatest moments of our student life. Taking part in the workshops and the meetings we soon came to realise how
Kaite O´Leary President ELSA Ireland
important and strong the Network is. We were inspired by the spirit of co-operation, mutual respect and open dialogue that we soon came to realise are the hallmarks of the Network .
The greatest moment of the ICM came at the final plenary when Ireland was admitted unanimously to the ELSA network. As Irish students our joy at becoming part of the Network is reflected in all Irish law students who are keenly interested in growing and developing the network in Ireland! We understand that our work to establish ELSA Ireland is just beginning. We currently have only one Local Group, so we are keen to expand the Network throughout our small island. We have made contact with students in several universities around the country, many of whom are as excited as we are by the opportunities and experiences offered by ELSA. Encouraged by interest in the Network around our country, we held our first NCM in May, which was attended by students from four Irish universities, two ELSA trainers, Rudolf Reiet and Joanna Ó Duinnín, and as Former President of ELSA Slovakia Katarina Vanerkova (who supplied us with the notorious Burning Mozart!). We had a wonderful weekend, and felt that the ELSA Spirit had well and truly come to Ireland!
Face the Global
challenGe! ELSA International proudly presents the 9th ELSA Moot Court Competition (EMC2) on WTO law The 2011 EMC² Case addresses the use of
WTO dispute settlement mechanism and expose
scientific disciplines in WTO law – more specifically
participants to ethical dilemmas. The case will
it is a classical SPS case where scientific evidence
hopefully also spark numerous issues concerning
plays a very prominent role. The case concerns
both health aspects of animal cloning, the use of
cloned animals and will challenge the students on
science in WTO disputes, and more generally, how
WTO knowledge, advocacy skills, understanding
to regulate on the international level what is safe to
the SPS Agreement, the use of science in the
eat and what is not. iMpoRtant dates 15th September – Launch of the 9th edition of EMC2 30th November – Clarification Deadline 7th December – Team Registration Deadline 14th January – Written Submissions Deadline For more information about the EMC2, please visit www.elsamootcourt.org
eMc2 ReGional Rounds will be held thRouGhout MaRch 2011 ELSA Regional Rounds: Cluj Napoca, Romania | Vilnius, Lithuania, Non-ELSA Regional Rounds: Asia-Pacific Regional Round: Taipei, Taiwan; North America Regional Round; Latin America Regional Round Final oRal Round hOSTED by elsa switzeRland AND JuDgED by wto expeRts FRoM aRound the Globe geneva, Switzerland | 23rd-29th May 2011 Technical Supporter of the EMC2
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