The ELSA

Magazine of The European Law Students’ AssociationN° 1/2002ELSA Moot Court CompetitionStudent Trainee Exchange ProgrammeTraining in ELSASeminars & Conferences

President’s WordELSA itself has somethingspecial, something that for aperiod of our life makes it soimportant. But I doubt thatevery individual memberwho is counting ELSA as oneof the main parts of his orher life knows why he or she is ready to dedicateso much: energy, enthusiasm, ideas andtime for this association. It takes some time tounderstand what ELSA means for our personaldevelopment and what potential it has.Usually people join it intuitively attracted bysome event, or nice people with a feeling thatsomething more powerful and strong hidesbehind it.Reaching for more Qualitywith ELSA ONLINESusanna MehtonenELSA InternationalEvery ELSA event has a value bigger than theevent itself; All ELSA events are directed tosomething more sublime and are finally aimingat the fulfilment of our philosophy. ELSA’sphilosophy is concretised through our vision,purpose and our means. Our fields of activitiesand particular events serve as the means,which bring us to the ELSA members who aremaking these activities and events come true.ELSA is constituted by the actions of singleindividuals and in the end of the day ELSA aimsto develop these individuals. Everything inELSA starts and finishes with the individual –the greatest treasure of our association. ELSA’sstructures and programmes are a mere frame,which serve as a platform for individuals torealise activities and develop personally. Onlythrough the individual experiences, as organiseror participant, ELSA can reach its philosophyand aims.ELSA is a medium where the individual ELSAmembers have the possibility to get to knowtheir own capacities, their own interests. Theylearn to define their ideas, to present them toothers, to realise those ideas and to work in ateam. There are so many things you are facingwhen doing ELSA activities – you make yourfirst bigger personal achievements as well asmistakes from which you gain experience.People who come to ELSA spend a period oftheir life, make their very individual input andleave it after some time to start their professionalcareer. This makes it difficult to developELSA with the speed, in which a less dynamicorganisation can develop. However thedynamic of ELSA is exactly what brings theindividual benefits. ELSA stays there; ELSA hasbeen for many years and will stay there formany more. ELSA is always ready to receivenew individuals who are ready to meet theirchallenges and make their way through ELSA.This means that persons leave ELSA, and onemight think that is sad. But persons do not onlyleave ELSA; they bring with them their experienceand knowledge, their good and badmemories; they leave with opened minds andfriends all over Europe. And they are rememberedin ELSA as the ones bringing ELSA onestep closer to our philosophy. Through whatthe members gained in ELSA we come one stepcloser to a just world where there is respect forhuman dignity and cultural diversity.The characteristics of the StudentTrainee Exchange Programme combiningprofessional experience with culturalexchange and interlinking individualsto ELSA makes STEP one of themost significant ways for ELSA toachieve its aims and leave an impacton society. The purpose of STEP is tooffer law students and young lawyersan experience where they can developtheir professional skills and knowledgeabout law as well as experienceanother culture and society.Individuals and individual exchange iswhat disinguishes STEP from our otherkey areas. In delivering quality servicesin STEP, we fulfil our responsibilitiestowards these individuals and ELSA. Inone of the discussion sessions in theInternational STEP Meeting where theimportance of quality services wasraised one of the participants stated,“If we don’t do it well, then why do itat all?”.What does quality mean in the endand how can we reach it? Quality istraineeships, which are realised in asatisfactory way for all partiesinvolved. Meaning that employer Adefines what kind of traineeship hewill offer and what kind of trainee hewould like to have and that he canchoose amongst applications a traineeB who fits into this definition. This isquality, in a very simplified manner.Quality does not end with a perfectmatch, it ends with a satisfactoryexchange taking place. Quality meansa positive STEP experience. That containsbesides matching our servicingfor and communication with theemployers before, during and afterthe traineeship, and for the trainee itmeans preparation before and receptionduring the traineeship. From ourside, quality is a question of responsibility,efficiency and accuracy. Qualityis also a question of proper evaluationand recognising what kind of traineeshipsand applications you have,analysing what kind of services youoffer and knowing how and what todevelop. To perform this you need thesufficient administrative tools andtrained, motivated individuals. Thereare many tools available in our networkto assist quality in STEP; training,evaluation, implementation of thePolicies and for the administration andstatistics parts ELSA ONLINE.The role of ELSA ONLINE in increasingquality in STEP is evident and irreplaceable.By using it we will becomemore efficient and accurate in ouradministration, we will be able tooffer an application and matching serviceof higher quality, hence guaranteehigher exchange satisfaction. Wewill also be able to see long and short-term statistics of STEP and be able toevaluate our programme in a moredetailed manner. In short, we willbecome more professional in everyway.The first ideas of using a computerprogramme for matching in STEP werebrought up in the late 80’s, later thedream was given a name - the STEPcomputer programme and plans realisingthe dream started. Today, wehave more than a STEP matching programme,we have an online based systemfor management of our members,groups, organisations and STEP. ForSTEP this means that all our traineeshipsand applications are online,instead of on paper spread aroundEurope in folders and on diskettes. ForSTEP this means automatic matching,so that only qualified applications aresent to our employers and that ourapplicants will be matched to thetraineeships, which are tailored for astudent in their shoes. For STEP itmeans that we have detailed statistics4

of a our traineeships and app ications,easily available. Quite revolutionarycompared to old days.ELSA ONLINE has been tailor made forthe specific needs of ELSA and STEP.Ultimately it will result in a growth ofSTEP with more exchanges taking place,consequently increase the opportunitiesELSA has to provide law students andyoung lawyers with means to interactand develop themselves and society. Thiswill have an impact on the communityand society in Europe, and maybe evenbeyond Europe. Hence, ELSA ONLINE isnot only a tool for STEP, but a tool forELSA to reach its aims.However, this is not unconditional. Wewill not get anything of this for free,without the similar commitment asbefore. The word we so often use todescribe ELSA ONLINE has a meaning aswell. Tool. And what are the characteristicsof a tool? A tool is something youuse for doing - not being, a tool is amean to achieve something – it is not amachine, a tool is not precious by itspure existence - it needs to have a purposeand a user. Short, a tool is of no useif you don’t utilise it. ELSA ONLINE doesnot serve its purpose if we don’t use it.We will not become more professional,accurate or efficient unless we make useof ELSA ONLINE fully.Sometimes we forget that we are a generationof fortunate VP STEP. What wehave in our hands now – the generationsbefore us, doing matching themselves,What is ELSA ONLINE ?ELSA ONLINE is an online based informationand management tool for theELSA network providing ELSA membersand ELSA groups access to ELSA’sactivities online.As a member you can apply fortraineeships, search for individualsand get in touch with other membersregistered. An ELSA group will also beable to manage its members, organisationsand its STEP activities.Surfing on the website you will find acalendar of events with constantlyupdated information on seminars,conferences, moot courts and lawschools.The website keeps you updated onELSA news, world news from Reutersand legal news from the Lawyer. TheELSA Law Web is an easy and userfriendly search engine for links to thelegal world on the net.You can register in ELSA ONLINE atwww.elsa.orgwere on y dreaming of. They knew thatthe only way to develop quality in STEPwas to take this step ahead. This is theirheritage and gift to STEP because theybelieved in the importance of STEP andsought to improve STEP and cultivate itsimpact. As VP STEP today we shouldrespect and treasure their gift in the onlyway it can be done - by using the toolthey gave us.Andersen LegalAndersen Legal is one of the world’slargest legal organisations. It has morethan 3,700 lawyers in 36 countries.In some countries we provide a fullrange of legal services. In other countriesthe member firm provides a partialrange of advice or are a correspondentlaw firm to Andersen Legal.Our objective is to provide the bestlegal adviser for a client in the countrieswhere they have a need.In countries where we do not haverepresentation we work with ourclients to identify and manage locallaw firms that are best suited to providethe required legal advice.Full range of services Australia BrazilCzech & Slovak Republics EnglandFrance Germany Hong Kong & ChinaHungary Italy Malaysia Mexico,Norway, Netherlands Poland ScotlandSingapore Spain SwitzerlandPartial range of servicesArgentina, Belgium, ColombiaDenmark, Ecuador, Guatemala, India,Latvia, Netherlands, Antilles, NewZealand, Peru, Portugal Russia, SouthAfrica, Sweden, Thailand, Venezuela,UkraineWestern EuropeAcross Western Europe AndersenLegal is represented by a number oflegal practices that are well knownand highly regarded in their marketsincluding Garrigues & Andersen inSpain, Dundas & Wilson in Scotland,Andersen Legal in France andCaestecker & Partners in Belgium.Countries where we are seen to havestrong up and coming practicesinclude Germany where we haverecently reinforced our firm with therecruitment of a senior level teamfrom Wessing.Other countries experiencing growthinclude England, The Netherlands,Switzerland and the Nordic regions.Central and Eastern EuropeAndersen Legal has developed itspractice in the major countries in theregion including the Czech and SlovakRepublics, Hungary, Latvia, Poland,Russia and the CIS. Here we havesmall, tightly focused, practices thatare geared towards providing a fast,highly responsive service to inwardinvestors as well as operating with adetailed knowledge of economic andpolitical issues.On line expertiseAndersen Legal takes full advantageof the depth of technology researchand expertise available through itsrelationship with AndersenWorldwide.Andersen Legal’s second generationonline deal management site,Connect, provides Andersen Legal’sfirms and clients with a secure onlineplatform for working together anddeal negotiation.Connect is customised for each client.It permits shared on-line access to keybackground information and featuresengagement management tools thatenable everyone involved on a projectto work more closely and effectively.The service also features on-line news,access to Andersen Legal’s andAndersen’s internal knowledge databases,client access to proposals fornew work, on-line to do lists and theability to track time and costs for projects.Connect differs from online deal managementservices offered by other lawfirms.The set up of the Connect site is easywith users being able to pick andchoose the type and amount of contentfrom the databases and othersources of information. The sitesonline proposals facility is unique.Monitoring and co-ordination of specificpieces of work becomes a simplertask since lawyers and clients canshare, review and track documentstogether.Within a single Connect site clientscan run a large number of differentprojects. Each project can be separatelystructured and managed so thatother parties, such as investmentbanks, accountants, other lawyers andother advisers involved can haveaccess only to the information thatthey need for their particular project.5

STEP Trainee at Ernst & Young 2001Maria ParkerLegal Counsel Ernst&Young FinlandIn the summer of 2001 the legal departmentof Ernst & Young, EY Law in Helsinkihad the pleasure to host a STEP traineefrom Austria, Mr. Christopher Swoboda.Our legal department is one link in theever growing chain of firms offering legalservices in the global network of Ernst &Young. In fact, after I joined EY LawHelsinki as Legal Counsel in early 2000, theunit has grown tremendously, fourfold!Therefore, since we offer law services notonly to domestic audit clients, but also toother corporations and individuals andfurthermore very often handle internationalassignments, making a decision tohire an ELSA STEP trainee seemed verynatural.Consequently, during the Summer of 2001Chris worked for and with us for roughlyone and a half months. During thetraineeship it became clear that we couldvery well have had him for another periodof at least the same length, as he fittedvery well into our team, both professionallyand socially.On top of it all, we never had to botherwith logistics or hassle with relocationissues (which can be cumbersome for aunit of lawyers who know that time andefficiency are of essence!). The local ELSAgroup in Helsinki had thought of everythingand arranged for all details, housingincluded. A big thank you goes to theELSA Helsinki team for their efforts andachievements.Reviewing and assessing the traineeshipafterwards, we found that Chris wasindeed an able budding lawyer and wasvery useful in our team, dealing with anythingranging from handling contacts toour German speaking clients, to assistingin competition issues towards the EUCommission. We recommend taking on aSTEP trainee, just as we will do for 2002.7

ELSA France and the MootCourt CompetitionMoot Court in MaltaAlexandre DoriaELSA FranceMark RefaloELSA MaltaELSA France first organised itsnational moot court competitionin the year 2000.The competition is divided intothree rounds. In the localrounds, which take place at alllaw faculties in France whereELSA is represented, a jurychooses the best teams.The winning teams will compete for theparticipation in the final in a pre-round. Inthis pre-round the teams have one full dayto prepare their written memorials which,after being collected by the VP AA of ELSAFrance, are reviewed by professors andlawyers.The final for the two teams having producedthe best memorials takes place inthe end of June in the Cour de Cassation,the French civil Supreme Court. After havinga day of preparation the teams areasked to plead in front of a bench composedby professors, lawyers, the Presidentof the Cour de Cassation, members of theConseil d’Etat, members of the administrativeSupreme Court and members of theConseil Constitutionnel, the constitutionalSupreme Court.In the first year the team from Aix-en-Provence won against the team from Paris,in 2001 the team from Paris was defeatedby the team from Dijon.The winning teams have the opportunity togo on an internship in some of France’sfinest institutions.Working for the realisation of the ELSAFrance Moot Court Competition is a greatadventure and for sure as exciting aspreparing your pleadings in the Cour deCassation.ELSA Malta has been organising the National Rounds ofthe Philip C. Jessup International Moot Court Competition(organised internationally by ILSA – the International LawStudents’ Association) for the past seven years.The competition revolves around a conflict,concerning current internationallaw issues, between two fictional states.The teams will act as lawyers for bothstates. They must first present twobriefs, containing their pleadings. Theywill then argue the case out againsteach other orally in front of a panel ofjudges composed of legal experts – followinga procedure that is loosely basedon that of the International Court ofJustice.This year’s competition was titled:‘International Law in the Internet Era’,and addresses two primary issues: Stateregulations of content on the Internetand cyber-terrorism (hacking et al). Infact the teams had to discuss a numberof issues such as do broad restrictions onaccess to resources on the Internet violateinternational law? Can a state beliable for the actions of an anonymoushacker? What if it indirectly encouragessuch actions? Can a state lure a foreignerinto its territory, intending to arrestand prosecute him, with false promisesof immunity?The five teams that took part in thenational rounds spent many a sleeplessnight preparing their arguments to beable to award the spectators with a brilliantshow during the oral rounds of thecompetition (held between the 5th and14th of December 2001). At the sametime the judges also played an activerole in their discussions by asking somekiller questions ensuring that the teamshad to do more than simply read preparedpapers. The heated argumentsthat resulted sure made the oral roundsinteresting for the spectators.On the 14th of December, after thejudges Rozakis and Turmen, two judgesof the European Court of HumanRights, had awarded the prizes to thewinners, a celebratory reception washeld. There was a lot to celebrate onthat day, the winners celebrated winning,the other participants celebratedtheir return to a normal life, the boardof ELSA Malta celebrated the end of avery hectic week and the beginning ofanother such week; since this event alsocoincided with the start of ELSA Malta’smultilateral study visit with ELSACorunna, ELSA Athens and ELSAPalermo most of the participants ofwhom were present celebrating theirarrival in Malta.The celebration has become as much atradition as the national rounds; its purposeis to allow the participants to discussthe issues raised in the competitioninformally amongst themselves andwith spectators and judges. Its popularityhowever may be due to the fact thatit is organised in an Academic Activitiesfashion and tries to imbue all presentwith an academic spirit.The winners have a lot to celebrate,apart from the personal satisfactionand honour of winning the competitionthey also win the right to representMalta during the international roundsof the Jessup International Law MootCourt Competition held in WashingtonD.C. between the 10th and 16th ofMarch 2002. The international roundsare in fact the main reason behind holdingthe national rounds. Over the past40 years, ILSA has developed the Jessupcompetition into one of the largest andmost prestigious moot court competitions– with around 1500 teams fromover 300 law schools, located in over 50countries, participating annually. It ismore than just a mere academic experiencethat trains the participants in thepractical aspects of the law. It is a trulyinternational event and an opportunityfor all participants to meet with similarlyminded students from all across theglobe. In many respects this is rewardenough for the participants.ELSA Malta would like to thank itssponsors through whom it was able toprovide the flight and accommodationfor the Maltese team: The MaltaMaritime Authority, Sullivans Ltd, theEmalta Commission, the Malta FinancialServices Centre, the Faculty of Laws andVASCAS Ltd.9

Organising ELSA Bucharest’s Beleiu MootCourt CompetitionDenisa AlexandroaieiELSA RomaniaWhen ELSA Bucharest started to organise its moot court competitionwe knew about the large amount of work, most of itbehind the scenes, that was awaiting us. We also thoughtabout one of the advices from a mooting training manual:‘Watch out! The biggest problem for the organiser is the people!People who fail to respond to messages, who do not turnup on time or drop out at the last minute are the scourge of allmooting competitions. Finding people who are willing tojudge moots is often a nightmarish problem.We kept this in mind, seeing the goodside of all of this, namely, watchingmooters perform in a competition wearranged could be very rewarding.Watching others is also useful toimprove your own mooting skills. And,of course, it is great for developingthose skills, which are deemed so valuablewhen applying for jobs.With all this in mind we started. Therewere a lot of issues to think about: Theacademic part, the logistical part, marketing,finding participants andfundraising. In a brainstorming of themembers of the Organising Committeewe established rules for us, for the membersof the jury and for the participants.We were so enchanted about the resultsthat we printed the outcome and send itto the participants together with thecase and to the members of the jury. Themost important rules for the OC wereput on the wall to keep them in mind allthe time.If the selection of the participants, atleast for the written part, was not a realproblem since the universities from allover the country did it for us, the selectionof the members of the jury was adifficult job. We wanted the Dean of theBucharest Law School as head of thejury, which is not an easy task since hewas very occupied. So we first spokewith some very appreciated seminartutors to become members of the jury.When they confirmed their participation,we went to the Dean and convincedhim - it was for the prestige ofour university!It seemed for us that the most difficultpart of organising the moot court wasdone. But it was not quite like this.Especially because the oral final still hadto take place, where the participantsshould prove their oral aptitude toresolve the case. We told them to alwaysbear in mind that their goal was not toprimarily engage in a clever intellectualdebate, but to persuade the court thattheir client's position was the strongerone in law.We managed to obtain the amphitheatreof our faculty, but for the final wewanted one of the rooms of the court.Luckily we found a very enthusiastic OCmember who patiently dealt with all thepaper work necessary to obtain such.The big day had come and the participantsarrived in Bucharest. We gavethem the rules for the oral rounds of themoot court, we informed them aboutthe timing for their pleadings and thepenalties for exceeding it, and we letthem rest for the day after, the day ofthe final.The day was coming and everythingstarted. Once the judges appeared, theaudience in the court stood up. ‘May itplease Your Honour, my name is Popescuand I appear for the appellant.’We considered it being a good start -and it was.ELSA Germany’s Moot Court CompetitionELSA Germany has a longerhistory of mooting – havingfirst organised its nationalmoot court competition oncivil law in 1993.10ELSA Germany has a longer history ofmooting – having first organised itsnational moot court competition on civillaw in 1993.More than 20 teams participate eachyear in the local rounds – which areopen to all law faculties in Germany. Thewinners will proceed to regional rounds,where the champions of the North andSouth of Germany will be declared.These two teams will then compete infront of the Supreme Court (BGH) forthe title of national champions. Thebench is composed of professors, judgesand lawyers, who will score the teamsbased on criteria such as persuasiveness,knowledge of facts, tactical and rhetoricalskills or clarity.Patrons of the ELSA Germany MootCourt Competition are Prof. Dr. Medicus,Prof. Dr. Schaller and DeutscherAnwaltsverein (DAV). It is supported bythe ZEIT Stiftung as well as numerouslegal papers and reviews.

ELSA Lithuania’s Moot Court CompetitionSince 1998 ELSA Lithuania isorganising a national mootcourt competition, calledSTART, dealing with differentareas of law every year. Thepast years intellectual propertylaw and tax law were thetopics.Experts in the respective field of law -lawyers, academics, judges and civil servants- prepare a number of cases.Teams that consist of two persons canregister with ELSA Lithuania’s localgroups. A pre-round takes place at theUniversity of Vilnius, the VytautasMagnus University in Kaunas as well asthe Law University of Lithuania.The day after the registration deadlinethe case is published. The teams areasked to submit - within five days - theirwritten memorials, which are acknowledgedby a jury of judges. The scoringfactors are 30 percent for originality andlanguage, and 70 percent for legal reasoningand substance.The best eight teams proceed to thefinal rounds. The teams decide upon oneof several offered cases as well aswhether they want to act as plaintiffs ordefendants.In the semi-finals of the oral rounds, takingplace at the three universities, apanel - composed of prominent academicsof the university who take eitherpersonal or professional interest in therespective area of law – selects twoteams for each university to take part inthe finals.The oral finals take place in the GrandHall of the Appellate Court of Lithuaniain an open court session.The bench is formed upon the recommendationof the Chair of theAssociation of Judges of the Republic ofLithuania. High or Appellate Courtjudges sit to hear the case.The ELSA Lithuania moot is supported bythe Legal Information Centre, which wasestablished under the auspices of theMinistry of Justice.ELSA Vienna’s Moot Court CompetitionELSA Vienna organises a localmoot court competition onAustrian civil law. It has beendoing so for the past coupleof years. This year’s focus iscommercial and competitionlaw; in previous years it hasfocussed on contract law andlabour law.Six teams, consisting of three students each,participate; acting either as plaintiff ordefendant – their role being determined bylot.Different law firms aid the teams in thepreparation of their written memorials. Helpis also offered through a rhetorical seminar,a crash course on Austrian civil procedurelaw as well as a one day seminar titled‘Practical Tips and Tricks’ – organised byELSA Vienna.Apart from the written memorials, teamsalso participate in an oral round held at thePalace of Justice (the Supreme Civil Court).The winning team will be chosen by a jury ofprofessors, judges and lawyers who will takeinto consideration both the team’s performancesduring the pleadings as well as theirwritten memorials.The winning team will be awarded a bookprize and have its members’ names carvedin the ELSA Vienna Moot Court silver plate.The university supports the competition byawarding credits to the participants.11

TRAINING IN ELSAELSA & TrainingTraining in ELSA means that an ELSA member should> Receive knowledge about ELSA's philosophy and aims as well as activities andopportunities.> Receive appropriate training in personal skills, i.e. soft skills, to support theacquired knowledge.Through training every ELSA group contributes to creating increasingly internationallyminded individuals as well as it makes individuals attached to ELSA gaingreater benefits from their membership.Li AxrupELSA InternationalELSA & SkillsThrough membership in ELSA and active involvement in our association a person gainsgreater personal skills. This is done through training in hard skills and soft skills. Theseskills are skills that facilitate for individuals and teams to work, communicate and achievethe set aims.Hard skills are more concrete and relate more directly to the work done. Examples areknowledge on the issue - ELSA knowledge - and project management skills. Soft skills onthe other hand are such as team building, conflict management, negotiation and communication.One might differ between the two by saying that the hard skills are the engine in a car,whilst the soft skills are the transmission, translating the engines power into a fast movingmachine.ELSA & our TrainersIn ELSA we do not only use external trainers for our training activities but activate experiencedELSA members and benefit from their profound knowledge and skills.A concrete example of trainers in ELSA are the trainers from our International Trainers Pool, theITP. The ITP is a group of former active ELSA members who travel to different groups to give tailormade training for the persons active in the group/s. Every trainer in the pool has taken partin a training course arranged at the Clifford Chance Academy in Amsterdam. The CliffordChance Academy with its high quality trainings and knowledge on working in internationalenvironments thus contributes to the high quality of our trainers in the ITP.More concretely, the trainers pool of ELSA has currently 24 trainers from 13 different countries,covering countries from Norway to Malta and Kazakhstan to Ireland.12Clifford ChanceIt is well accepted by now that over the last few years there have been fundamental changes in the way that lawfirms function. Clifford Chance is one of a new breed of international law firms which recognise the new challengesposed by globalisation. Operating both nationally and internationally, it is an innovator in the legal servicesfield. Its ambition is to become a new type of law firm combining different legal specialisations with an integratedlocal and international perspective, geared to offering clients all round business advice.To succeed it needs a new type of lawyer. People who are not only professionally excellent but who also feel comfortableworking in teams, across specialisations, jurisdictions and cultures. Clifford Chance doesn’t think that it isenough anymore just to invest a great deal of time and effort in recruiting high caliber students with the potentialto become first-class business lawyers. It is also important that it recruits young lawyers who are interested indeveloping themselves, in achieving individual goals and in taking control of their own careers. With this in mind,Clifford Chance has put in place a pro-active in-firm education strategy designed to help develop and retain itsintellectual capital.Our firm sees the provision of education and training opportunities throughout a lawyer’s career as a strategicinvestment, which can give it a leading edge over the competition. In practice this has meant the creation ofClifford Chance’s own Academy, which adds an array of courses to the traditional on-the-job coaching system. TheAcademy promotes a learning culture across the global firm, which helps lawyers not only improve their legal skills,but also develop their non-legal expertise in such broader areas as project management, development and sharingof knowledge, interpersonal skills and high standards of customer service.

No beer in AmsterdamWhy educating trainers is a sober andserious exerciseJörn-Peter RiepeInternational Trainers PoolThe International TrainersPool (ITP) was set up inautumn 2000 in order to provideELSA across Europe withinternal training measures.Drawing on the experience ofa handful of national ELSAgroups the InternationalBoard is set to use the ITP topreserve the knowledge inthe network while at thesame time developing theorganisational and personalskills of the members.Trainers in the ITP come from all corners ofEurope thus ensuring that travel expensesare kept low. As financial strains should notprevent ELSA groups from calling for trainingthe ELSA Development Fund allowsapplying for financial support.From December 5th – 8th 2001 ELSAInternational once again invited formerlyactive ELSA members from all over Europeto participate in the 2nd “Train the TrainersWeekend”.The capital of the Netherlands served asthe multicultural setting where applicantsfrom Croatia, Germany, Malta, Norway,Poland, Kazakhstan and Switzerland gatheredto gain insight into the secrets of successfultraining.Their expectations were not disappointed.Continuing the fruitful cooperation withthe leading law firm Clifford Chance, ELSAwas again guest at The Academy, the lawfirm’s European Education and TrainingCentre (EETC). The Academy, located in theAmsterdam office, provides legal and nonlegaltraining courses for the entire staff ofClifford Chance in the various Europeanoffices.Under the keen eyes of Mr ArieGelderblom, a former trainer at the EETCwho had already conducted the Train TheTrainers Weekend in 2000, a range of topicswas addressed.The learning styles concept headed theagenda. It brought to our attention that itneeds a variety of training methods to suitall the different learning preferences.Several short presentations gave us thechance to apply our newly gained knowledge.Covering the field of project managementwe had the opportunity to improve on ourlistening and interviewing skills followedby an introduction to a powerful planningtool: the Work Breakdown Structure(WBS). The finishing touch on this sessionwas a brainstorming on common failuresand shortcomings in projects.In the area of teambuilding we discussedthe Belbin Team Role Model and its relevancefor projects. Apart from a strikinghomogeneity of the participants’ own preferredteam roles – only natural born leaders,of course – we discovered that a successfulteam needs a healthy mixture ofdifferent characters and abilities.At this point – the third day – we took thetraining into our own hands. Prepared byone of the ITP members from the first generationwe continued with presentationskills and teambuilding. In pairs of two allthe participants now had the opportunityto prove their standard. And all of themlived up to the expectations one shouldjustifiably have of an ELSA trainer. The presentationshad it all: sparkling creativity,original humour and touching spirit!Finally we dived into a team-scenariogame. “The life boat” is an exercisedesigned to reveal hidden mechanisms ofgroup decision-making processes. Thegame shows the importance of agreementand procedure when working in a team.Not only do they help tackling the givenproblem but also they ensure that eachindividual is treated as an equal partner inthe decision-making process.After work was done on our last day wedecided that we had earned ourselves a littleparty. With the enthusiasm that onlypenniless students have we spent a littlefortune in a trendy Mexican restaurant.Sobered by this experience we turned backto the tried and trusted ELSA strategy:grab some beers and party in your hotelroom!To our complete surprise this turned out tobe easier said than done. There is no wayyou can buy a beer in the Netherlands – liberalas they are – after midnight. No nightshop, no petrol station, no nothing. Youcan buy all sorts of other pleasures – somesmiling at you from behind large windows,others smelling sweetly – but no beer.After a one-hour walk in the wintry coldwe turned to another typical ELSA strategy:where there is a credit card there ishope. We conquered the next pub andamong the locals – praise to the Dutch hospitality– we learned everything aboutGenever.The morale of this story? No pain – no gain.And that is most certainly a valuable lessonlearnt for a future trainer.Clifford Chance and ELSA InternationalClifford Chance has sponsored ELSAInternational over the last few yearsbecause it believes that both organisationsshare a common internationaloutlook and a deep commitment tocross-national and cross-jurisdictionallegal education. ELSA can play animportant role in the education of anew generation of lawyers by wideningtheir perspectives and deepening theirunderstanding of European and globallegal issues.Clifford Chance believes that its innovativeapproach to career development,which combines exposure to work ofthe highest quality, excellent and structuredtraining and the possibilities ofinternational secondments will notonly strengthen its competitive positionbut also make it the employee ofchoice for a new generation of highlymotivated and ambitious youngEuropean lawyers.For more information go to: www.cliffordchance.com13

Absolute BeginnersThe ELSA Freshers Camp in Graz, Austria too placefrom the 22nd to the 25th November 2001Ruth FrölichELSA ZagrebDo you remember how hard itwas in the beginning tounderstand everything goingon in ELSA, to get involvedand most importantly, feelaccepted as a part of thegroup («that elitist circle ofpeople using strange terminology»)?Yes, there areevents for people alreadyvery much or even just a littlebit involved with ELSA – butwhat is there to help the newcomersto get acquaintedwith the ELSA world and thelegal profession as such?This idea was soon put to a test and acooperation between ELSA Austria andELSA Croatia was formed to organise thefirst Freshers Camp in Graz – a three-daytraining event designed both to introducefreshmen and ELSA freshmen to somebasic ELSA terminology including the noveltyELSA ONLINE and to offer the participantsa variety of workshops teachingbasic skills that may come in handy foryoung lawyers (as well as any other person).The number of people attending climbedup to around 54 students (and some graduates)from Austria, Croatia, Slovenia,Italy, Germany and Romania. This happenedalso due to the fact that thanks tothe extensive budgeting they were freefrom paying the participation fee andonly had to cover their travel expenses. Inthe end, not only freshmen attended, butalso several well-established ELSA members(wonder the reason…). Togetherwith the Austro-Croatian OC (Thomas,Daria, Adriana, Lada, Dora, Nicole and theauthor of this article) it turned out to be apretty good crowd (not that it wouldn'thave been without us, of course!). Theaccommodation was in the cosy GrazYouth Hostel, with lectures and workshopstaking place both at the hostel andat the University of Graz Law School.The lectures and workshops were dividedin two areas – ELSA activities and generaltraining. Probably the most eagerly anticipatedworkshop was the ELSA ONLINEtraining which enabled students to workon computers and to surf through theELSA website and to register in ELSAONLINE plus to discover all the advantagesof this fabulous system. Of course tocomplete the picture there was also STEPtraining. The participants also got a tasteof what it means to be a lawyer throughthe moot court workshop, and the femalepart was delighted to attend the panaldiscussion on “Legal Professions in the21st Century” where the guests werethree young successful lawyers working ininternational law firms. They answeredquestions about their jobs, career opportunitiesand also how to best presentyourself when looking for a job and howto write a CV, what to expect out of thelegal profession and how to coordinateprofessional and private life. Generaltraining included several different activities– while the lecture about challengesof the Information Society provided uswith insight on e-contracts and data protection,communications and financialplanning on the other hand concentratedmore on general aspects of the respectiveskills. In the communications workshopwe learned a lot about what makes agood listener (I can tell you, some peoplewere really surprised) and how to improvethe body language when speaking. Thefinancal workshop explained how tomake a budget plan for a project and abalance sheet – a skill some people nevergrasp. Given that some of the workshopswere organised simultaneously, everybodywas able to attend that which suitedthe particular person most.To top it all, evenings were reserved forwine tasting in an Austrian wine cellar,the famous Erasmus party and the infamouspub crawl (with only two teams, butthey made up for it without any problem)which enabled everybody not to onlylearn a lot, but also to cement it properlyin between the lessons. With the usual15

amount of the drinking-dancing-socialisingritual commonly known as the ELSASpirit, fun was guaranteed.I can safely say that the ELSA FreshersCamp was a unique and refreshing eventthat not only taught us a lot, but alsoinspired us with fresh enthusiasm andideas to be used in our local groups. Forme, however, the most valuable part ofthe camp remains the human one - thenumerous friendships formed with great,intelligent, funny and (sometimes) a bitpeculiar people – something that will surelyremain long after all that we havelearned at the workshops and lectures isforgotten.Lastly, an invitation – we are going on, ofcourse. This time, Croatia is going to hostthe camp. If you want to participate in thissort of training, join us in Zagreb from 2 to5 May 2002 for the ELSA Skills Camp thatis going to have a lot of things seen inGraz, and much, much more - not theleast of which being warm spring weather.Central & EasternMeeting in PolandOne of the most importantLukasz SakowiczELSA BiaLystokaims of ELSA is the widespreading of legal knowledge.This aim can be achieved inmany ways but the most successfuland effective one ispersonal interaction.We get much experience by taking part in variousnational and international seminars, conferences,assembly meetings etc. By participatingin such events we learn about other legalsystems and cultures obtaining not only legal,but also general and ELSA knowledge.What is the easiest way to create an opportunityfor ELSA members from different countriesto meet? The answer is simple: Organise aninternational congress. And what if peoplefrom developing countries cannot afford travellingacross Europe for such an event?Organise a regional congress. When someonedoesn’t have resources to buy a plane ticket toa remote place, that person will probably manageto pay for a train ticket to a neighbouringcountry.A great example of a regional cooperation inELSA is visible between Central and EasternEuropean countries. It all started in 1998 inBialystok/Poland with the first RegionalCongress of ELSA Presidents from Central andEastern Europe. Afterwards the idea continuedwith the second Regional Congress of ELSAPresidents from Central & Eastern Europe inVilnius/Lithuania in 1999. In the year 2001, theevent came back to Bialystok - the place whereit originated. However, the formula of theevent got a new shape – ELSA Bialystok incooperation with the national board of ELSAPoland organised it as ELSA’s third Central andEastern European Meeting. The idea was toenable all ELSA members (not only presidents)to participate and learn how to develop ourassociation.The success of the meeting in Bialystok exceededour expectations. One of the biggest surpriseswas the number of national groups participating– representatives of 12 countries:Bulgaria, Czech Republic, Estonia, Kazakhstan,Lithuania, Germany, Poland, Romania, Russia,Slovakia, Ukraine and Yugoslavia decided tocome. We were also delighted with the visit ofthe International Board through Li Axrup andSusanna Mehtonen.A great opportunity to broaden our ELSAknowledge were given through group trainingson project management and team buildingprepared by the ELSA Trainers Group (ETG)represented by: Katarzyna Kurpiewska, MarcinKrzysko and Patryk Plaza. ELSA Poland’s alumni:Malgorzata Nesterowicz with MarcinWnukowski and members of the above mentionedETG carried out the ELSA trainings. Avery interesting event, which helped us under-16

standing our cultural diversity, was also“Midscultural communication” held by acoach from Communication Partners - a professionaltraining company. SusannaMehtonen and Li Axrup from the InternationalBoard prepared ELSA ONLINE training, whichactually happened online and was much moreuseful than manuals or PowerPoint presentations.Members of different NGs had a chanceto discuss and share their experience, to makeplans for establishing long-term cooperationand simply get to know each other better.The Meeting was combined with the internationalseminar “Legal aspects of E-commerce”,which pointed out problems and gave solutionsfor dangers and threats of modern communicationtechno ogies. The participants hadan opportunity to learn about digital signatures,Internet business–to-customer trade,legal aspects of SPAM, Internet banking or e-commerce threats. The marketing directorfrom one of the fastest developing banks inPoland - mBank – told us about Internet bankingas the safest and fastest way of managingyour money. He also ensured us that savings,which might seem to disappear and become“virtual” to quickly, are absolutely safe, consideringthe high level of customers’ data securitythe bank provides. A member of the PolishInternet Police showed us methods of preventingcrime on the web and modern ways ofcoding and protecting consumer information.Lecturers answered many questions – most ofthem concerned registration and protection ofdomain names on the Internet. To sum up -everyone who came to the CEM gained someextra-academic knowledge.It has been noticed, that such events are veryimportant for widening ELSA and build astronger network not only in the Central andEastern European region, but also all overEurope. Once a year we have the occasion tomeet and discuss our progress and make plansfor the future development. The meeting isalso an opportunity for national board membersto establish partnership programmesbetween ELSA countries, make agreements forstudy visits or support groups that organiseinternational events. This is one of the bestways to bring ELSA’s aims into life – to buildstructures for cooperation among law studentsand to strengthen the progress of stronger tiesbetween the European countries.Such events are an example of successfulimplementation of ELSA’s ideas.Our goal is to develop the Central and EasternEuropean Meeting in the future - as a tool ofimproving the ELSA network. The next eventin this cycle is to be organised in Iasi/Romaniain September 2002. So be prepared – scheduleyour calendar to come to Iasi. You will experiencethe unique character of the Central andEastern European Meeting that you will notforget. Ask someone from the participants ofthe Central and Eastern European Meeting inBialystok and get anxious to come. The meetingis meant for people from Central andEastern Europe but of course - everyone isinvited. It’s important to widespread the ideaof regional as well as global cooperation inELSA. Meeting wonderful people from differentcountries and sharing with them commonideas and an unforgettable spirit – the ELSASpirit, can give you the unbelievable feeling ofsolidarity and unity. Take part in that process -your help will make it more effective.

Events2002AprilFeast of Legal ThoughtDate : 10 - 12 April 2002Place : Vilnius, LithuaniaLanguage : Lithuanian & EnglishContact Information :ELSA LTURenata NavikaiteTel: +3709975691Email : elsaltu@ltu.lt;Renata.navikaite@centras.ltWebsite : www.elsa.ltInformation Society - The LegalChallengesThe Concluding Conference of theIFPDate : 07 - 13 April 2002Place : Munich, GermanyLanguage : EnglishContact Information :ELSA MunichJuristische FakultätProf.-Huber-Platz 2D - 80539 MunichGermanyTel : +49 89 342660E-mail : mail@elsa-muenchen.deWebsite : www.ifpconference.netELSA International239, Boulevard Général JacquesB - 1050 BrusselsTel : +32 2 646 26 26Fax : +32 2 646 29 23E-mail : elsa@brutele.beWebsite : www.elsa.orgInternational Enforcement of LawPlace : Aarhus, DenmarkDate : 17 – 21 April 2002Language : EnglishContact Information :ELSA AarhusKristina RavnPhone : + 45 86 50 575Email : k_ravn@hotmailWebsite : www.elsa.dkMayEuropean Union LawPlace : Brno, Czech RepublicDate : 2 – 5 May 2002Language : EnglishContact Information :ELSA BrnoMartina Drahomira LickovaPh. : + 420 604 92 72 91E-mail : marfinka@ladymail.comELSA Skills CampPlace : Novi Vinodolski, CroatiaDate : 3 - 6 May, 2002.Language : EnglishContact information :ELSA CroatiaMarta SamotaTel : + 385 1 4802433E-mail : elsa_skills@yahoo.comOil and Gas in a Legal PerspectivePlace : Bergen, NorwayDate : 13 – 17 May 2002Language : EnglishContact Information :ELSA BergenJonathan G W SunnarvikPh. : +47 55 589624 / +47 48094674Fax : +47 55589639E-mail : seminar02@jur.uib.noWebsite : http://www.elsa.no/seminarSports and LawPlace : Freiburg, GermanyDate : 16-19 May, 2002Language : GermanContact Information :ELSA FreiburgClaudia AudretschPh : +49-761-3836837Email : sc-elsa-freiburg@web.deComparative Company Law –Company Law in EuropePlace : Maastricht, the NetherlandsDate : 22 May 2002Language : EnglishContact InformationELSA MaastrichtRobert SwinkelsPh : +31 (0)6 188 46 104Email : ELSA@studver.unimaas.nlWebsite : www.elsaconference.comLaw in Communism and Socialismin Germany and PolandPlace : Düsseldorf, GermanyDate : 23-26 May, 2002Language : GermanContact Information :ELSA DüsseldorfMelanie JungPh : +49-211-3398435Email : seminare@elsa-duesseldorf.dePreparatory Committee IV(Prepcom IV) on SustainableDevelopmentPlace : IndonesiaDate : 27 May - 7 June 2002Language : EnglishContact Information :ELSA International239, Blvd. General Jaques, 1050,Brussels, BelgiumTel : +32 2 646 2626Fax : +32 2 646 2923E-mail : elsa@brutele.beJuneInternational TaxationDate : 06 - 09 June 2002Place : Münster, GermanyLanguage : EnglishContact Information :ELSA MünsterWestfälische-Wilhelms-UniversitätUniversitätsstr. 14-16D - 48143 Münster18

Europe on the Way to a CommonConstitutionDate : 6-9 June 2002Place : Trier, GermanyLanguage : English, GermanContact Information :ELSA TrierUniversität TrierFachschaft JuraD - 54286 TrierPh. : +49 651 2012150E-mail : trier@elsa-germany.orgAndre EichhoferPh : +49-651-9963318Email : eich4101@uni-trier.dewww.eu-constitution.de.tfLaw of the MediaDate : 20 - 23 June 2002Place : Hamburg, GermanyLanguage : EnglishContact Information :ELSA HamburgSchlüterstr. 28D-20146 HamburgTel. +49 40 44809838Email: hamburg@elsa-germany.orgMartina von KossakPh : +49-40-64531755Email : vonkossak@web.deJulyELSA House Training WeekDate : 7 - 14 July 2002Place : Brussels, BelgiumLanguage : EnglishContact Information :ELSA International239, Boulevard Général JacquesB - 1050 BrusselsTel : +32 2 646 26 26Fax : +32 2 646 29 23E-mail: elsa@brutele.beWebsite : www.elsa.orgVilnius Law School onEnvironmental LawHuman right to healthy environmentvs. right to free commercial activityPlace : Vilnius LithuaniaDate : 9 – 18 July 2002Language : EnglishContcat Information :ELSA VilniusKristina StankevicPh. : +370 611 12363Fax : +370 2 366287Email : elsakristinai@yahoo.comHuman Rights and Challenges ofGlobalisationPlace : Dubrovnik, CroatiaDate : 13 – 21 July 2002Language : EnglishContact Information :ELSA ZagrebIlijana KresicPhone: +385 1 48 024 33Fax: +385 1 48 02 421(''att: ELSA Zagreb'')E-mail: dubrovnik_comms@yahoo.comWebsite: www.elsa-zagreb.hr/dubrovnikMediation – Alternative DisputeResolutionPlace : Copenhagen, DenmarkDate : 30 July – 4 August 2002Language : EnglishContact Information :ELSA CopenhagenVicki Erfurt LarsenPhone: +45 48 26 01 92 /25 34 01 92Email: sc_elsacph@hotmail.comWebsite: www.elsa.dkSeptemberWorld Summit on SustainableDevelopmentPlace : Johannesburg, South AfricaDate : 2 - 11 September 20Language : EnglishContact Information :ELSA International239, Blvd. General Jaques, 1050,Brussels, BelgiumTel: +32 2 646 2626 Fax: +32 2 646 2923E-mail: elsa@brutele.beGet your Article on European Law published in ELSA’s Selected Papers on European Law!Selected Papers on European Law (SPEL) is the law review of ELSA and is published twice a year as a web journal on the websiteof ELSA International.SPEL provides an international readership of mainly academics and students with a source of literature that rarely finds its wayto the regular legal periodicals: high-quality papers written by students in the scope of their legal courses as well as academics.At the same time students throughout Europe are offered an incentive to contribute to the development of the fields of lawthat SPEL deals with as well as to increase their academic and language skills. Articles on Private and Public European Law areselected and edited by and under supervision of Richard Crowe, Head of the Academy of European Law in Trier, Germany.Students and academics are strongly encouraged to submit any paper that meets the requirements set out below.For more information please visit www.elsa.org/publications/papers.asp19

A Look into the IFP FutureJosé Esteban Mucientes MansoELSA InternationalAs you might know, 2002 isthe last year of the three-yearInternationalFocusProgramme, the IFP : TheInformation Society : the legalchallenges! Now it is time tolook back and then turn ourlook into a bright future : Thenew topic for 2003-2005.Why an International FocusProgramme?For a start, I will explain the main aims ofthe IFP. As all of you might not read thedecisions of ELSA relating to this programme,I will write them down here, soyou don’t have to read them in order tounderstand this article. Even thoughELSA’s regulations regulate the generalInternational FocusProgramme (IFP)The International Focus Programme(IFP) seeks to provide a specific themefor the whole of ELSA to focus itsefforts on, over a three-year period.The theme reflects a 'hot legal topic'in Europe and the world, therebyenabling ELSA to have an impact onlaw students, society and the internationalcommunity.The IFP includes the organisation of aseries of local, national and internationalevents, as well as anInternational IFP Conference. In addition,a comprehensive book examiningthe outcome of the IFP is publishedand distributed to universities,schools, governments, non-governmentalorganisations and other relevantsocial partners.points, all the examples in this article willbe about the current topic.Beginning at the beginning there areseveral points in the programme regulationsunder the title aims and objectives,which regulate why ELSA has an IFP. Theaims and objectives of this programmeare as follows:> Make use of the unique ELSA networkin order to create awareness amongsttoday’s law students, tomorrow’slawyers;> Utilise the ELSA network in a programmewhich directly involves all localgroups in the same activity;> Create a forum where law studentsand young lawyers can gather and discussa current theme;> Make it possible for ELSA to have animpact on the environment we are livingin;> Give law students and young lawyersall over Europe a voice gathering alltheir diverse opinions and ideas;> Consolidate ELSA’s work and produceconcrete results of a high standard;> Provide a forum which allows for continuitywithin ELSA and sets out a commongoal for all ELSA members to worktowards.And you will be wondering: what arethese abstract ideas all about? It is assimple as this : To create a forum whereall ELSA members can discuss about aspecific and hot legal topic during severalyears in order to reach to conclusions.Now, I will divide this sentence into fourparts, and explain the most importantpoints of the IFP.To create a forum for all ELSA membersAbout the forum (the first part of themain sentence): Where (or how) can weas future lawyers discuss this hot legaltopic? The IFP involves all key areas ofELSA. Meaning you can discuss about thetopic in a seminar, in a legal researchgroup or work for an IT company or lawfirm willing to have professional traineeswho are comfortable with both sides ofthe topic: the technical as well as thelegal. Also, some of our members havetaken part in UNCITRAL sessions on relatingtopics, giving ELSA’s point of view insuch an important forum.A specific and hot legal topicOf course, you are wondering which topicsare suitable to be an IFP theme (thatis how we label the hot legal topic) andhow the IFP theme is selected. The IFPtheme is adopted by the Council (in ourcase the next topic will be decided at theInternational Council Meeting in AlanyaAutumn 2002). The selection is based ona feasibility study of several topics selectedat the preceding CM.The requirements of the topics to beconsidered are as follows: The IFP thememust have a legal base and be sufficientlybroad to allow us to have an impacton our legal environments. Therefore,there must be enough subtopics to bediscussed for a long period of time. Forinstance, the IFP theme chosen for thecurrent IFP has these requirements: It isbroad enough since it has severalsubtopics in several fields of law such asdata protection, intellectual property,electronic signatures, criminal act onlineetc. It also allows us to have an impacton our legal environments by a highinterest for the theme among students,meaning lots of law students have takenpart in all these seminars, conferences,legal research groups etc.During Several YearsWhen the regulations mention broad,they are not only referring to the differentsubtopics that can be included in theIFP theme, but also to the timeline of theIFP theme, that is: 2 years and 9 months.The next IFP theme will enter into forcein the Spring Council Meeting of the firstyear (our case the International CouncilMeeting after Alanya, which will be heldin the historical city of Athens, wheremost of the modern theories were born).So, the need of having a long lastingtopic is what I refer to in this articlewhen talking about several years.During this period, all our levels (international,national and local) must organiseevents and activities on the IFP themeas mentioned before. But also, all levelsof our organisation must prepare packageswith information, in order to createa general idea about the IFP theme.Therefore I am currently preparing apackage about the current IFP theme,

which will be made available to allgroups through ELSA ONLINE and is usefulfor all ELSA groups when arrangingan event relating to the current IFPtheme.Reaching conclusionsAnd last but not least something aboutthe last part of the sentence: in order toreach to conclusions. First of all, it is partof the IFP to organise a Final IFPConference at the end of each theme.This great event, is for the current IFPtheme hosted and organised by ELSAMunich (don’t miss their article in thisissue of Synergy with more informationon this event). The Final IFP Conferenceis used to discuss different aspects of theIFP theme. I think the best about theConference is less writing and moreinformation: visit http://www.ifpconference.netfor further information andyou will see the spirit of the IFP and geta good idea of what a Final IFPConference is all about.ELSA also has the IFP Book. This book ispublished after the IFP theme ends, andin it you will find articles from both professorsand ELSA members about thetopics of the relevant IFP theme. The IFPBook from the last IFP theme has justbeen released. This book is titledInternational Law as we Enter the 21stCentury (ISBN 3-8305-0249-4), and itseditor is Mhairi Eloise Main, the Directorfor the IFP 1997-1999. I hope the newbook will be published during the year2003.I think this article is enough to give youan idea about the IFP. I only have arequest for you: get all the informationabout the IFP, appoint a Director for theProgramme in your Boards (a specialist ifpossible) and begin to work in the IFP.You will see the results in few days. As Ihave done first in Valladolid, after thatin Spain and finally in ELSAInternational.The Final IFP ConferenceHans-Michael DemlELSA MunichFrom April 7 – 13 2002 ELSAMunich will host the Final IFPConference with the topic“Information Society – TheLegal challenges”.This conference will be the paramountevent in the International FocusProgram of the years 2000-2002 thathas the same title. The last years haveproved, that Information Technologyhas the potential to create whole newcompanies, even new “economicempires” in a very short time – and putthem into their graves even quicker.Our new understanding of informationhas already changed our ways to work,spend our free time and meet otherpeople. The IFP theme hits the spirit ofthe time.The Final IFP Conference has a highimportance for the whole ELSA network,as it concentrates most of thetopics touched by the IFP theme itself inone event and involves all the possibilitiesof the ELSA network. The speakers,patrons and sponsors of the conferencewill be of high reputation. So far Prof.A. Heldrich (President of the Universityof Munich), Dr. E. Stoiber (PrimeMinister of Bavaria) and E. Liikanen (ECCommissioner for Enterprise &Information Society) have accepted thepatronage of this event.The organising committee has set ahigh emphasis on the academic programme.More than 30 different speakersfrom all over Europe will contributeto a five-day lasting curriculum of lectures,workshops and panel discussions.After the first day with two introductionsand a formal greeting by theMinister of State of Bavaria, Mr. E.Huber, two days are dedicated for theimpacts of Information Technology oncurrent civil law.Civil Law Aspects of the ConferenceThe civil law part is split up in twoblocks, the first part concerns all issuesrelated to e-business in general. We willoffer four lectures about the possiblelegal strategies to realise e-businesssolutions, the particular questionsrelates to completion of contracts viathe net, electronic signatures and paymentmethods in e-commerce. Theselectures will be held by differentlawyers working for law firms specialisedon the topic.This round will be followed up by fivedifferent workshops about the practiceof a lawyer in e-commerce litigation,venture capitals in a law firm, biometrics,a re-evaluation of the “gold rush”to IT start-ups and e-banking. The lecturersfor these workshops will comefrom CMS Hasche Eschenlohr & Partner,Coudert Schürmann and SBSSiemens.The selection of workshop topicsis trying to offer a glimpse of theeveryday practice of lawyers in thisfield, as well as of the most up-to-datetechnological developments.The second day will be dedicated to theprotection of content on the web. Afteran introduction to the topic by Prof.Lehmann from the Max-Planck-Institutefor Intellectual Property, the lectures21

14 ELSA Members travel to the Conference ofELSA Hobbitville for free!An example on how you can do it…Kristina JuthELSA InternationalDavid, the VP S&C of ELSAHobbitville one day receivesan e-mail from an ELSA friendin Bemböle, a country inEastern Europe. The friend,Ylsia, writes that she wishesDavid and ELSA Hobbitvillegood luck with theirInternational Conference onRaindeer Farm Labour Law, aconference that will be in fourmonths. Ylsia also says thatshe would so very much liketo participate and that sheknows several ELSA membersin her group that have beeninterested about the conference.”But”, she sighed, ”it istoo expensive for us to travelto Hobbitville. Especially nowwhen it’s winter and wealmost have no money forelectricity to heat our ELSAoffice”David read the message, and felt an urge todo something. ”We need participants for ourconference” he thought, ”all law students inHobbitville are busy with exams and will nothave the time to come to the conference.And Ylsia is so cute… By the way, did she notbreak up with her boyfriend last month?”So, David gets into action. He contacts ELSAInternational’s Coordinator for EuropeanInstitutions, which is his former girlfriend, butthey still go along very well. Even though shehas the most awful laughter. Have you heardit? When the Coordinator laughs it soundslike a horse is being stepped on its feet.Anyway. The Coordinator tells David aboutthe Solidarity Fund for Youth Mobility withinthe Council of Europe. The fund offers travelopportunities to young people from underprivilegedbackgrounds or economicallyunderdeveloped areas and covers the railtravel of young people participating in internationaleducational activities. To qualify forthe grant, the project must involve at leasttwo countries and a minimum of ten people,travelling together.”Must involve at least two countries and atleast ten people have to travel together”David’s brain cells start clicking. ”And the projecthas to be educational and international!But that is exactly our conference!” So, Davidcontacted Ylsia and told her the good news.She spreads the news and after a couple ofdays there were already 14 persons morethan happy to participate in the conference.Who would not? The trip is for free and it’s adream of everyone to visit Hobbitville, with itsspectacular nature and famous shoppingstreets. And the conference is on a very hotinternational topic. And even more fun, six ofthe 14 are from Bemböle’s neighbor countries,Petalax and Piffi. So it will really be a culturalexchange and international conference.David checks the homepage of the Fund(www.coe.fr/youth), e-mails the SolidarityFund for Youth Mobility at the Council ofEurope and after a few days he receives theapplication form. Together with the OC ofthe conference and by phoning Ylsia everynow and then, they write the application.Organisation: ELSA Hobbitville, Local Groupof ELSA Hobbitlandia, member of ELSAInternational. They did not forget to mentionthat ELSA International has consultative statuswithin the Council of Europe since theyear 2000. As they are being the first-timeapplicants, ELSA Hobbitville has to attach adocument explaining the aims, structure andmembership of ELSA Hobbitville.Then the application asks for details of theconference, which is easy, since David and hisOC have not been doing anything else thanplanning the conference for the last month.”Hmm, participants” The application formasks for the type of participants and therecruitment procedure. ”Law students fromfour countries. Recruitment through ELSA e-mail lists and posters.” Indicate the number ofparticipants from each Council of EuropeMember State. ”30 from Hobbitlandia andthen 10 from Bemböle, 1 from Petalax and 3from Piffi. Total: 44” The treasurerRullgardina then drafts the budget of theconference in Euro. Since the grant only coverssecond-class train fares, the requestedfinancial support is then calculated as if 14persons with youth tickets take a roundtripfrom the city of Vöyrinkaupunki in Bemböle.Lastly David includes his contact details,attaches a document stating the name, ageand home country of all participants andsends the application to the Solidarity Fundfor Youth Mobility, Directorate of Youth andSport - DG IV in Strasbourg, France.After three months David receivs a letter. Yes! Ylsia and the 13 other ELSA members aregranted the assitance for the railtickets !Happily he e-mails Ylsia and during the followingmonth he is getting happy and excitede-mails from Ylsia and the others. Thenwhen the big day is dawning, David goes tothe trainstation to pick up the participants.There he meets Ylsia, after so many years. Sheis more beautiful than he remembers andDavid feels his heart jump when she smiles athim. During the welcome party the firstevening David and Ylsia cannot take theireyes off each other. And after an encouragingdrink at the Gala, the third evening, Daviddears to ask Ylsia for a tango and there, underthe crystalcrowns in the ballroom, they kiss...Yes, this story could be true. You can make ittrue. Are you arranging a seminar or a lawschool? Are you from an underprivilegedbackground or economically underdevelopedarea and want to participate in an ELSA activity?You can even arrange a bilateral studyvisit! Do not let this opportunity pass you by.Carpe diem!And what happened to David and Ylsia?Well, the fifth day she fell in love with one ofthe conference lecturers and they moved toGibraltar, got married and started a snailfarm. David on the other hand became desperateand had to be satisfied with ELSAInternational’s Coordinator for EuropeanInstitutions. But, dearest ELSA member, donot be discouraged by his unlucky fate.23

The ELSA BucharestLaw is Better than War Law SchoolGian Carli Stäubli FioroniTiago Moreira AlvesELSA SwitzerlandELSA PortugalThe event took place between the 2nd andthe 11th of December 2001, at the LawFaculty of the University of Bucharest, bornfrom the will of both ELSA Bucharest and theThe Law School’s subtitle was The International Tribunals and TheInternational Humanitarian Law. Those were the two wide fieldsstressed during the 30 hours of lectures and case studies, divided in10 specific courses.The Opening Ceremony settled the path that was followed duringthe 8 days of the event. Iulia Vass, Head of the OC, Prof. MihaiEremia, professor at the Public Law Department of the Universityof Bucharest, Philippe Gaillard, Head of the Regional Delegationfor Central Europe, ICRC, and Prof. Nicolae Nicoara, President ofthe Romanian Red Cross Society gave a few words for the protocolintroductory notes, but made the first approach to the subjectsthat were to develop throughout the following days. The speeches,full of life and deep belief in International Humanitarian Law,were the perfect “appetizer” for the rest of the Law School, involvingall the participants since its very beginning.Following the path outlined in the subtitle, the first half of thecourses went over theInternationalHumanitarian Law (IHL).The balance between thetheoretical inputs and “onthe field” perspectiveswent much further thanthe simple organisation ofthe courses subjects, beingcomplemented with acareful analysis and selectionof the lecturersaccording to their academicbackground and curricular profile. On the first course, the participantshad an introduction to the International HumanitarianLaw, an overview on the IHL’s history and development since theSolferino Battle till these days, going through personalities such asHenry Dunnant, Guillaume-Henry Dufour and the basic principlesstated in the Geneva Conventions. After this wide overview of theIHL, the second course was focusing on the Protection and Care ofthe Wounded, Sick and Shipwrecked, a subject of multiple conventionsover the years, including the Geneva Conventions of1949. Both these two courses were held by Prof. RyszardPiotrowicz, professor at the University of Wales, who is, with a vastprofessional experience on various fields of International PublicLaw, not at all an ELSA stranger. Another very familiar person toELSA was the lecturer of the 3rd course, on Armed Conflicts of aNon-International Character, the former director of ELSAInternational, Christian Plate, currently at the OSCE Mission inKosovo at Pristina Headquarters. The course that followed, had assubject the Protection of Civilian Population in the Power of theEnemy / Protection of Women and Children, having as lecturerRoxana Paraschiv, from the Dissemination Officer at the RomanianRed Cross Society. Both the third and the 4th course centred themselveson the share of personal experiences of the lecturers, allowinga more realistic perspective along the theoretical concepts24International Committee of the Red Cross.This was ELSA Bucharest’s first experience inorganising such an event and the outcomecould hardly been more encouraging.introduced at the Law School and gave a better perception of theobstacles to the implementation of IHL in practice. The first part ofthe LS was closed by Prof. Viorel Cioclei, Vice Dean of the Facultyof Law Prof. Mihai Eremia, professor at the Public Law Departmentof the University of Bucharest, with a lecture on the CombatantStatus and Protection of Prisioners of War.After a well deserved day off, in which the participants had thechance of touring along the Carpathian Mountais (but the two ofus took a marvelous and re-energising skiing day at Poiona Brasov),the LS changed it’s topic to International Tribunals. Following thevery same logic adopted since the beggining, the first course, heldby Prof. Raluca Besteliu, Head of the Public Law Department of theUniversity of Bucharest and Former Romanian Ambassador in theUnited States, made a general perspective on the path travelled bythe International Criminal Tribunals starting with describing thefirst steps towards an International Criminal Jurisdiction till the ICCcreation and establishment process, going deep to the roots of thefirst efforts to bring war criminals to justice. All the other remainingcourses were about ICC, each relating to a specific issue withinthis future international judicial body. Victor Ponta, fromRomania’s Prime Minister Office, who has been involved in the ICCprocess since Rome, shared his knowledge and experience in ageneral presentation of the Rome Statute (the negotiationprocess, its basic principles, the crimes under the Court’s jurisdiction,the penalties, its gaps, etc) and held a round-table Terrorismunder the Rome Statute and IHL, a highly pertinent subject thatlead all the participants toan intense and profitablediscussion. The last coursewas on the NationalImplementation of theInternationalHumanitarian Law andthe Rome Statute. After abrief theoretical introductionon the issue, the lecturer,Ion Georgescu,another former directorof ELSA International, currentlya legal adviser atABA/CEELI and also mem-What is a Law School?An ELSA Law School is an eventthat aims to take place annuallyand has a scientific programmewith a legal topic. An ELSA LawSchool is organised in close cooperationwith an academic orinstitutional partner, for examplewith the law faculty or a law institute.The scientific programmeincludes lectures followed by workshops,which deepen and emphasisedifferent areas of the lecture.

er of the ELSA Working Group for the ICC,divided the participants in 4 groups. Eachgroup was representing a delegation of agiven state on an international conference onthe subject of the course. Each delegation hadto make a presentation on the current statusabout the Rome Statute’s national implementationprocess, though some working materialsas a basis were provided. It was the perfectending for the LS Academic part, with all theparticipants being given the possibility to renderthe knowledge gained during the 30hours of courses, on a stress-free and friendlyatmosphere among all.The OC surprised all the involved in the LS(including not only the participants, but alsothe lecturers and the IB representative, KatjaPecek) with two non-schedule unique andlifetime experiences.One being a lecture by Mr. Olara Otunnu,Special Representative of the Secretary-General for Children and Armed Conflicts,“just” one of the highest individuals in theUnited Nations structure. Dedicated to theIHL cause since early age, Mr. Olara Otunnuhas been developing a remarkable andunique work on this field. Intensified in thelast few years, the purpose of his enormouseffort is the mobilisation of internationalpolitical and public opinion behind the protection,rights and wellbeing of war-affectedchildren. Another truly inspiring moment, towhich none of the presents could be indifferent.The other being that the OC and theUniversity of Bucharest had the kindness ofinviting us all to the Title of Doctor of HonorisCausa Awarding Ceremony to the laureate ofthe Nobel Peace Price Shimon Peres, currentForeign Minister of Israel.Just unforgettable experiences!!!But even kinder was one of the many journalists(the impact of the LS at the Romaniannational mass media was remarkable) coveringthe event, from a National TV Station,who said ELSA as an entity should be awardedthe Doctor Honoris Causa Title. That’s whatwe call marketing!The LS had 35 students, from 7 countries participating(plus two more countries representedby lecturers), including a Chinese national.This wide combination of many distinct historicaland cultural roots among the participantsworked as a complement to the undeniablequality of this event, allowing a morecomplete perspective on the various issuesanalysed during these 8 days.The enormous success of the Law is BetterThan War Law School has clearly reflected onthe impact it had on all the participants, whofelt truly motivated to develop their knowledgeand work in this area, without exception.An experience you shouldn’t miss!!!Our sincere congratulations and thanks toIulia and her excellent team.You should now be wondering about theELSA Spirit. Well, my friends, if you think thisbeloved “friend” of ours wasn’t present, wemust say he was the Guest of Honour at thisevent. But in order to make its reference astrue as possible, we’ll skip the details for theHabitation 305 Presentation Punta Dura, thatcan be found just bellow.ELSA SPIRIT IN BUCHARESTPart 1Gian Carli Stäubli Fioroni,ELSA SwitzerlandFull of excitement, I went to the airport to goto a part of Europe where I've never set afoot before: Bucharest, ROMANIA. I was gettingready for the ELSA Law School "Law isBetter than War".Three reasons made up my mind to headEast. Firstly, I know an ELSA Law School isalways a hell of excitement (as I'm addictedto international ELSA events, how could Ipossibly deny this opportunity!?); secondly, Igot to know Iulia during a study visit organisedby ELSA Fribourg, Switzerland togetherwith ELSA Messina, Italy and ELSA Bucharest,Romania in 1998. I really wanted to see heragain (as a friend of course...tsts, what elsedo you think?!) and thirdly, I wanted to havemy own impression about a country which isnot spoilt with smashing news cover in theSwiss newspapers.The first thing I remember was that I had tospeak French at the custom's desk when theysaw my Swiss passport; quite a surprise for acountry you expect not to understand a singleword. Soon after, I got a warm welcomeby the OC and they drove us (Christian, oneof the lecturers arrived as well around thesame time as me) to the University Hostel ofthe Law Faculty of the University ofBucharest. As most of the other delegatesarrived the day after, we were only a fewpeople to explore Bucharest's bars on chillySunday night in early December.Finally, I got to know my roommate Tiago,from Portugal, who dared to tell me that hewas just skiing the whole Sunday in theCarpathian Mountains (never do this to aSwiss snow addict!).The academic programme was just excellentand very well prepared. Academically, it wasa personal profit and as far as I got the feedbackfrom the other participants, I only canadd that they fully shared my point of view.I would like to thank again the whole OCand specially our babysitter, Corina, for takingsuch a good care of us. We would alsolike to express that you ELSA Romania guysknow how to party and that "A Club" is definitelythe place to rock and live up to theELSA Spirit in Bucharest. Thanks for sharingwith us your rich culture, your warm hospitalityand your neverlasting motivation tomake things moving; your enthusiasm reallyinspired us.ELSA SPIRIT IN BUCHARESTPart 2Tiago Moreira Alves, ELSA PortugalIt wouldn’t be that hard for me to sum upmy participation and the outcome of theELSA Bucharest “Law is Better than War”Law School. I could just say that I slept 3 to 4hours per day, doubled my contact list, hangout in at least, 10 to 11 different discos andbars, skied 2 days on an amazingly beautifuland relaxing spot, became a Human Rightsaddict (International Criminal Law wasalready a long time affair) and that I’m noworganising a study visit between my localgroup and ELSA Constanta. I could also addthat the first thing I’ve done once at home,was to check the upcoming internationalELSA events and apply for as many as I could.But even so, I would be far from saying it all.I believe I won’t be lying if I entitle myself asthe most privileged participant of the ELSABucharest Law Scholl. Being supposed toarrive on Sunday, the 1st of December, Iarrived already on Friday. This way, trustingmy friend Iulia (we were both part of theELSA Delegation at the 7th ICC PrepCom),will come up with a good weekend pro-25

gram; I would be able to enjoy the“Romanian beauties” for two extra days.Iulia didn’t come up with any plan, butindeed she came with something even better.I was granted with an exclusive “pre-LawSchool babysitter”, Mara, who presented mewith an unforgettable weekend in Brasov,her hometown, around 3 hours by trainfrom Bucharest. I stayed over near her parents(although the feeling was just like beingat home), in a room with this incredible viewfrom the mountain over the beautiful downtownof this old German type town, all coveredin white and fresh snow. When themajority of the participants were eitherlanding at Bucharest airport or unpacking atthe Academia Hotel, I was going down themountains of Poiona Brasov, skiing (I think“trying to” is the most adequate expression),having a delicious glass of hot red wine justwaiting for me in the valley. Well, probablyone of the best Sunday mornings of my life.After this “early start”, I returned toBucharest and was eagerly waiting for theLaw School to begin. The academic programmewas very, very good, with a balancedcombination of theoretical knowledge,case studiesand “on the ground”perspectives. I felttruly inspired frommany of the speakers.Allow me a particularreference toPhilippe Gaillard’s,Head of the RegionalDelegation forCentral Europe of theICRC, whose speech at the OpeningCeremony, a demonstration of life commitmentto the cause of the IHL, touched medeeply.But if the academic part has been taken carealmost perfectly, the ELSA SPIRIT wasn’tneglected at anytime. It can require somepersistency, but you can always find someplace to party inBucharest till the sunriseevery single day.Klube A is definitelyThe Place to rock.If you are inBucharest, you justcan’t miss the “DaciaExperience”. I’mspeaking literallyalso, because it iscompletely impossiblenot to have it. For all those who havealready been in NY, the “Dacia” would workas the Big Apple’s yellow cabs. ThisRomanian made car seems to be highly popular,as it is owned almost by everyone. Tohave a ride in it is definitely a thrilling experience.On the Romanian roads, Dacia rules,no doubts about it!Well, I could keep onwriting and writing,reporting funny andunforgettable eventsform those 12 daysspent in Romania.But much better thanto read about it, is toexperience it. So, Istrongly recommendyou all to save some free space in your agendaaround December. Iulia and the OC members“threatened” all of us with an even betterLaw Scholl this year. And I don’t have anydoubts about it!To finish, I have to sincerely thank the OCand all the other participants. Allow me justa couple of particular references. To Iulia, theHead of the OC andold ELSA mate, forher outstanding job.Of course, to my twobabysitters, Mara(her family and twopet dogs included, ofcourse) and Corina,as well as all the guyswho were our“night guides”. Aspecial thank alsogoes to Alina, whohad the kindness to host all the foreignersfor lunch at her place. And last, but definitelynot least, uno grande Abrazo to myroomy, night companion, ski buddy and“PowerPoint” co-presenter, Gian. PuntaDura forever Buddy!!By the way, if you’re holding an everlastingparty and you’re looking for a singer, just getin contact with ELSA Bucharest. Throughthem you’ll be able to hire the services of theLaw School’s exclusive animator, “The allnight long Albanian MicrophonePerformer”. As special guests you can haveme and Gian performing Strangers in theNight! Schubidubidu! You’ll have an unforgettableshow!!!

Oil & Gas in a Legal PerspectiveThe idea of hosting an international seminarin Bergen was formed in the spring semesterof 2001. The former President of ELSABergen and myself started mind droppingvarious subjects and came up with Oil & Gas.Our initiative came from wanting to producesomething made by students - for students.This resulted in creating the biggestseminar ever for law students in Norway!!Who in his right mind would consider participatingin a seminar in Bergen, Norway –that rainy, cold and expensive city way upNorth?? Well – join us and we will prove allthese things wrong! May is traditionally awarm, sunny month in Bergen; actually thelocals argue that it is the finest monththroughout the whole year. Way up North –well, this is true, but which other countries(except New Zealand) can boast with thelong fjords winding between the massivemountains?? This is a piece of beautifulscenery and we will do our very best to showit to you. Expensive you say? Well, it hasbeen a goal for us all the way from the verybeginning of planning the seminar to makeit as reasonable as possible. This has resultedin a participation fee lower than most seminarsheld throughout ELSA and that coversall expenses while you are staying here.The city of Bergen viewed from the fjord.Living in Norway, especially on the Westcoast, oil and gas are part of our everydaylives. Everyone has a parent, sister, brotheror friend who works within the oil business– be it directly, for instance on a drilling platformin the North Sea, or indirectly, forinstance at a lawyer’s office that practicespetroleum law.The Norwegian economy is strongly relianton the oil and gas business. Unique in itsdecision making, the Norwegian parliamenthas created an ‘oil fund’ which is set asidefor the future when our oil and gas reservesare empty – that this someday inevitably willhappen, is hard to believe for many. The variousconflicts of interest concerning whereand whether or not to invest this fortune isa hot topic, but will not be touched duringthis seminar.What will the lectures concern?In the following we will give you a shortintroduction to the topics. There are twoquestions that we will seek an answer to inthe introductory topic:1. What kind of law is oil and gas related to?2. In what ways can the knowledge of thiskind of law be useful for you?First of all, countries that produce oil andgas themselves have national legislationthat regulates different aspects of the industry.According to International Law, thenational state has the proprietary right totheir oil and gas resources, and the exclusiveright to take advantage of them. Thenational legislation is often very strict andaims to protect national interests and tomake the development as profitable as possible.A national state can opt to developthe resources themselves or grant internationalcooperation the same right. Norwayhas chosen a combination of the two. Thatis why international cooperations operate inthe North Sea, such as British Petroleum, ELF,Phillips Petroleum and Esso. At this point it isimportant to stress that the seminar is notgoing to be about Norwegian petroleumlaw, but a brief introduction will be given.This introduction will be useful as an exampleto how a national state protects andexplores natural resources.From this point on, the law stops beingnational, and starts being internationaland EU-related.In August 2000, the EU Natural Gas MarketDirective took effect. It has a huge impacton how and to what extent the nationalstate can regulate the development of theirresources. But more important it regulatesthe sales of gas, which has a direct consequencesfor the consumers in Europe.Norway can no longer control the sales ofgas from the North Sea on the market. Gasfrom the North Sea is sold to most of theCentral and South European countries, suchas Germany, Spain, Portugal, France, GreatBritain etc. The same goes for theNetherlands who also sell gas to centralEurope. During the seminar we will take acloser look at various aspects of theDirective. As a negotiator, contract lawyer,or simply a consumer of gas in Europe, thisknowledge can be useful.Other than what is said above, contracts areclosed between different market playerswith different nationalities in the oil and gasindustry every day. Surely InternationalContract Law and Competition Law are ofgreat importance, and will be topics duringthe seminar.Production and transportation of oil can bea threat to the environment, that’s why wewill take a closer look on how Maritime andEnvironmental law deal with this problem.After, or in between, the lectures we willhave working groups on the topics presented.This way the participants will, throughJonathan G. W. SunnarvikÅshild ØverlandELSA Bergenworking actively with the material, achievea greater knowledge on the various topics.As mentioned, this is only a short introductionto what the topics will be. For moreinformation, please visit our website wherethe academic information will be updatedas much as possible at all times.The 17th of May – the day Norway celebratesits constitution.Tourists who come to Norway and are luckyenough to be here this particular day get alifetime experience. From early morningchildren, organisations, schools, soccer clubsetc. gather together and form a parade. Theparade leads through the various city centresall over the country accompanied by theapplause of thousands of spectators everywhere.Everyone, dressed in the nationalsuits (bunad) or their finest attire, wavingthe Norwegian flag and singing the nationalanthem, crowd the streets and jointogether in festivity.Grab the opportunity to join us in this celebrationand experience the renownedatmosphere created.Eager ELSA students participate in the makingof Oil & Gas in a Legal Perspective! Theacademic programme is put together by studentsspecialised in the fields of law coveredby this seminar, in close cooperation withThe Faculty of Law in Bergen and our sponsors.The social programme during the seminar ismade with the intention of showing all theparticipants our beautiful city, impressivescenery and the warm welcoming people ofBergen, Norway. Everyone will be lodged inguesthouses in the city centre of Bergenwith only a two-minute walk to the law faculty,which is part of the city’s University ofBergen. With the looming nightlife – largelyinfluenced by approximately 35 000 students– we promise you a hefty time out!!Join us in Bergen and let us show you thetime of your life!Please visit our website onwww.elsa.no/seminar for more information.From the 17th of May procession in the citycentre.27

Fun and Education go Hand in HandStudy Visit and International ConferenceEnd of November. STOP. 23rd - 30 th November 2001. STOP.Cracow. STOP. International Conference. STOPAgnieszka KacperskaELSA Cracow“E-business Uniting Nations: Legal Aspect of Internet Trading” STOPIt was an unusual conference. Neitherdid we promote it on the forum of ELSAInternational, nor was there any call forapplicants.At the very beginning of planning thisproject we thought about a differentform, different from other internationalELSA conferences.As participants, we invited 4 local groupsfrom 4 countries: ELSA Brno (CzechRepublic), ELSA Donieck (Ukraine), ELSASaarbruecken (Germany), ELSA Vilnius(Lithuania) with whom we cooperate thelongest and with whom we were thinkingfor a longer time to have such anevent.We decided to combine the conferencewith a study visit.I. E-BUSINESS CONFERENCEHere we did not change much; we basedit on a typical programme :There were nine lectures during theweek. The topics of them were as follows:1) Making Contracts via Internet, DigitalSignature2) The Problem of Proper DomesticRegulations to Follow3) Consumer Protection LawRequirements4) Protection of Databases5) The Responsibility of Internet ServiceProviders7) E-Payments8) Taxes9) Application of Internet Technology bythe Local AuthoritiesAs lecturers, we engaged people fromCracow who not only deal with thetheme in theory but also in practice thusenabling our guests to meet people28working with E- business everyday. Thisturned out to be a great idea as manyinteresting discussions took place afterthe lectures.The Supervising Patronage over the projectwas taken by Professor J. Barta andProfessor R. Markiewicz from theInstitute of Inventiveness and Protectionof Intellectual Property, a recognisedauthority in Poland on matters such as e-business.II. STUDY VISITApart from lectures we planned the timein very detailed way: the guests couldthus participate in the conference, visitour city and the countryside.The participants were shown the OldTown, the Museum of JagiellonianUniversity, the Royal Castle - Wawel, andthe Old Jewish District – Kazimierz.We also organised excursions to the SaltMine in Wieliczka, and to Auschwitz –Birkenau, believing that these places arereally worth visiting.III. ELSA SPIRITWhich basically boils down to: party,party, party!Except for the ordinary pub crawling(during which the intention was to showour guests the diversity of pubs inCracow), we spent a very nice eveningtasting the traditional national dishes,prepared by the participants themselves.Our guests also got a taste of a Polishtradition of so called “Andrzejki” (St.Andrew’s Day). It is celebrated onAndrew’s name day, that is the 30th ofNovember with different kinds of futuretelling and special events, such as themost popular “wax pouring” (pouring ofhot wax into cold water and from theshape that is created guessing what willhappen in the nearest future). This wasmuch enjoyed by all the participantsmost of whom had not heard of this traditionbefore.IV. AND WHAT IS LEFT?We are planning to publish the outcomeof the conference in such publications asstudents’ papers of JagiellonianUniversity as all the lectures were recorded,and we obtained conspectuses fromthe lecturers as well.We shall soon publish photos on ELSACracow`s website. But the things thatwill certainly remain in our minds are thememories.Yet it must be said that if it had not beenfor involvement of the members of ELSABrno, ELSA Donieck, ELSA Saarbruecken,and ELSA Vilnius the whole projectwould not have been such a success.Therefore I would like to thank theselocal groups for coming to us, and forparticipating in the whole project includingboth the conference and the studyvisit.I hope this conference was a beginningof developing a cooperation betweenlocal groups all over the ELSA network.What is a Bilateral StudyVisit ?A Bilateral Study Visit occurs whentwo Local Groups decide to visiteach other (normally for a periodof a week).The receiving Local Group takescare of the logistics, and of thesocial and/or academic programme.After this first visit, as the term"Bilateral" indicates, it is time forthe Local Groups to trade their roleand, the now receiving onebecomes the visitor.

PASSIONPASSION FOR EUROPE PART IIWhen I said good-bye to everybody who participated in the Multilateral Passion forEurope, which took place in Corunna with participants from Athens, Palermo, Malta andCorunna I thought the multilateral had finished at this very moment, but I was wrong...IT WAS ONLY THE BEGINING!In best dates, near Christmas, a group ofamazing people was traveling to anamazing place. Do you want to knowwhat that place was? Come on, youhave to know it was the magicMALTA!!!!!amazing dinners at Papparazzi,Bugibba…I could go on forever!!But there was one special day, the daythat we went to Gozo, one of the threeislands. We took the ferry to Cirkewwa.We visited some of the towns like;Rabat-Citadel, Ta-Pinu and Dwejra. Ihave only one word for this : AMAZING!Latter that day we had a party withnational food and national drinks. TheELSA SPRIT was of course with us.Arancha Suarez FuentesELSA SpainWhen I wasn't in ELSA I never heard anythingabout Malta (only perhaps abouttheir whisky). But ever since I joinedELSA I always dreamt to travel to Malta.Finally, Friday the 14th of December ourplane was landing at the Malta airport.The view from the plane was just incredible.We could see three islands; Malta,Gozo and Comino. We were asking ourselveswhich one is Malta?Obviusly, the one with most buildings.And thank you Neil for teaching me thatin Comino there are only two buildings:a hotel and a pig farm.We visited a lot of amazing places andwe learnt a lot about Maltese culture ina show called Malta experience; we visitedplaces such as Valleta, Bugibba,Mdina, St. Julians, Slima, Msaxlokk. But Iam rushing a bit… I'll try to explain better.I want to say THANK YOU to all the participants!!!I would like to name you all,but I’m afraid I will leave somebody out.So, I will just say thank you ELSAAthens, ELSA Palermo. And ofcourse ELSA Malta,especially to Saraand Simona!!!I have only onemore thing to say,these were magicdays with magicpeople in a magicplace... MAGICMALTA...ELSA Malta had a couple of very interestingevents at that time. Such as theMoot Court Competition Final and theHuman Rights Day. Of course we couldparticipate in this events as well.Some places were really exciting to see,the capital Valleta was incredibly beautifulin its Christmas lights and music,Mdina has a fantastic Cathedral, mostdelicious cakes at Fontanella café andthe crystal factory, Masxlokk with its typicalfish market, then St. Julians and the29

Europe on the Way to a Common ConstitutionJulia BeplerELSA TrierFrom June 6th - 9th, 2002 ELSA Trier’sseminar “Europe on the way to a commonconstitution” will be held under thepatronage of Germany`s Minister ofJustice Prof. Dr. Herta Däubler-Gmelin.The seminar will take place on thepremises and with the support of theAcademy of European Law in Trier.Trier, Germany’s oldest city, once capitalof the Roman Empire, famous for itsnumerous Roman and ancient sights, issituated at the very South-Western tip ofGermany next to the border ofLuxembourg and France. Due to its geographicallocation in the heart ofEurope, it seems to be the ideal place forthe seminar’s topic.The seminar, which will be held inGerman, French and English and dealswith the development of a commonEuropean constitution, especially focuseson the relationship between France andGermany under a common constitution.A close look will be taken at the historicaldevelopment of European constitutionallaw and the crucial elements ofconstitutions. Other topics will be thedistribution of the areas of responsibilitywithin the European Union, theEuropean Convention of Human Rightsand also European procedural law. Afterevery lecture there is time for an intensifyingdiscussion of the topics. If possiblethe lectures will also be accompanied byworkshops.The beginning marks a visit to theEuropean Court of Justice (ECJ) inLuxembourg, where Prof. Dr. JörgPirrung, Judge at the ECJ, will give anintroductory lecture on the work andhistory of the ECJ. Other speakers areProf. Dr. Meinhard Schröder, lecturer ofEuropean Law at the University of Trierand Prof. Dr. Francis Kessler of theSorbonne University, Paris.But not only the academic programmewill be worth coming to Trier. ELSA Trierwill provide a phenomenal frameworkof evening activities. You will visit thecities of Trier and Luxembourg with ELSAapproved guides, one of the famouswine cellars will host an old-style winetasting featuring typical regional winesand food. We start off Thursday eveningwith another guided tour through thecosy pubs in downtown Trier. Here youwill find the perfect atmosphere to getto know each other and tune in.For more and detailed information takea look athttp://www.elsa-trier.de/Eustart.htmor contact the OC ateu-seminar@elsa-trier.de15TH ANNEVERSARY OF ELSA ZAGREBAND THEIR SPECIAL COMMITMENT TOHUMAN RIGHTSIgor Volner ELSA ZagrebOn the 13th of December 2001, ELSA Zagrebhad a day full of celebrations. We havemarked the 15th Anniversary of our localgroup. ELSA Zagreb is the biggest and theoldest group in Croatia. A group of enthusiastsfrom Zagreb Law School gathered in1986 and ELSA Zagreb was born.We had a very successful Anniversary Daywith speakers giving praise to our work. TheHuman Rights panel that followed wasorganised by ELSA Croatia and many prominentspeakers addressed us. Finally, a hugeparty at Saloon discothèque for law students,professors and ELSA friends onlymade it a day to remember.Since 1986, many things have changed.Some of our members like Sinica Rodin,Andrej Plenkovic, Adriana Padovan andDaria Tonai even made it to theInternational Board. As you probably know,our group is very active and involved in allareas of ELSA.An essay competition, Career Day, HumanRights panels, European Union workshops,an ICTY group and a STEP team are onlysome of our most important activities.Among other projects, ELSA Zagreb organisesan annual International Conference onHuman Rights every summer inDubrovnik.The topic of this years’30Conference was “Effectiveness of Bills,Charters and NGOs in Human RightsProtection”. The next conference will be inJuly so look for the application trough ourweb page (www.elsa-zagreb.hr). The ELSADebate Team participated at the WorldUniversity Debate Championships in Manila,Sidney and Glasgow.In 2001, we have established an‘Information Point’. Through this project,we are distributing free information bookletsfrom international organisations,Croatian government and NGOs concerningEU, Human Rights, ELSA etc.We continue to work towards democraticideals, ensuring universality of HumanRights for the benefit of all, no matter whothey are or where they are from. As Mr.Václav Havel; President of the CzechRepublic puts it : “One aspect of theimmense and wonderful colour and mysteryof life is that a group of people differ fromeach other in their customs, their way of life,their faith, the colour of their skin and theirway of dressing and so on… This ‘otherness’of different communities can of course beaccepted with understanding and toleranceas something that enriches life; it can behonoured and respected, it can even beenjoyed.”

Being President of a Local Group is a Hard JobThis article is not meant to be a pure descriptionof the wonderful opportunities thatELSA offers, but it is written from the pointof view of a law student that truly believesin this network. ELSA is an association thatnot only gives you the possibility to gainknowledge and skills through its local,national and international events and activities,but it is also always keeping your mindlively and joyful thanks to the special ELSASpirit.About two years ago I decided to join thelocal group of ELSA Naples after participatingin a wonderful study visit with the localgroup of ELSA Helsinki experiencing whatthe ELSA Spirit really is all about, looking atthe work of the local board and especiallythe tiring work of the last president, FabioMaurano. So, surfing on the Internet, Ifound out about the possibility to have anincredible experience in Brussels at the ELSAInternational headquarters. In the summer,as soon as the study visit and the exams weredone there was a chance to go to Brussels. Inless than five days I organised my trip withtwo wonderful friends to attend this magicalevent, the ELSA House Training Week.This was my first training, I saw the internationalaim of the ELSA network and I cameback to Naples really tired from the infinitedays and nights in Brussels, but with a seriousdetermination to do something for mylocal group in Naples. Everybody was happyabout my active spirit and I was elected asResponsible for Study Visits; a good experiencethat gave me the opportunity to get toknow ELSA people from all over Europe. Iplanned a bilateral study visit with the localgroup of ELSA Vilnius for the year 2001,which was another success in the history ofELSA Naples.Maybe it was so appreciated by the members;maybe I showed them how living theELSA spirit spices up your student’s life, sothat this year they gave me all their trust andI was elected president of ELSA Naples forthe year 2002. It was such a unique emotion,but also an incredible responsibility. In factyou can be sure that being a president isreally a hard job, you do not only have tocoordinate all the activities, but you especiallyhave to coordinate all the differentcharacters with whom you share the experiencein the board. I have attended sometraining about board management, butevery day I discover a different situation,something original that makes me moreresponsible. A good president has to takecare of the local group without pressuringother members and he always has to beAlfredo Della MonicaELSA Napelsavailable to help those with troubles. A president,however, also has to take care ofexternal relations. So he never can showsigns of tiredness after an event but he hasto be ready to attend another one!By the way, after having dealt with the moredifficult tasks, being the president of a localgroup means being gratified by others,means feeling these particular emotionsevery day because all the people have givenyou their trust and they are expecting agreat answer from you, but the most importantthing, in my personal point of view, isthat the people who elected you havebelieved in you as president, have seen theright person in you with the right capacitiesto coordinate a group of people workingtogether, keeping the high level of the past,and maybe that you could give even more tothe wonderful ELSA world in the future!Hey, last but not least, a president has theright to officially invite everyone to visit hislocal group; so I am waiting for all of youhere in Naples, a beautiful city in the Southof Italy, full of sun, joy and, obviously thanksto my local board and ELSA Spirit!31

ELSA KazakhstanFar Away from the Centre of the ELSA World,but Close to the ELSA SpiritWhen we started to write this article wewere afraid our story would be like areport. The beginning was the most difficult;we had been sitting up until the lateevening. Then we were thinking, could yousee the article in a dream? That is actuallywhat happened, like Mendeleev saw hisperiodical table of the chemical elements.So, here it is for you to judge.ELSA made its first steps in Kazakhstan in1995 when ELSA Kazakhstan became anobserver of ELSA.ELSA Kazakhstan began its activities on the30th of November 1999 when it registeredin the Ministry of Justice of the Republic ofKazakhstan. The hard work and enthusiasmof the National Board allowed ELSAKazakhstan to be recognized by ELSA membercountries. Finally, in March 2001 onELSA’s 20th Anniversary in Vienna, ELSAKazakhstan became a member of ELSA.“ELSA came to Kazakhstan. Nobody knewat that moment how it appears toKazakhstani students and only now aftermore than two years we realise what anenormous meaning that event had.Kazakhstani law students became a part ofone international whole, got an opportunityto communicate with their associates inother countries, and to learn many things,which are already familiar to their friendsand colleagues all over Europe. They learntwhat ELSA is. From the moment ELSAKazakhstan was established it became anessential part of many students’ lives andmore and more students are gettinginvolved. ELSA takes its position inKazakhstan running activities, awarding itsmembers with valuable skills and knowledge,and of course leaves sweet memories.And now the new generation of ELSAniensin Kazakhstan will continue what has beendone before – to build a just world in whichthere is respect for human dignity and culturaldiversity. ”Arailym IbraevaPresident ELSA KazakhstanFor two years we worked hard on the locallevel. In most cases our events were relatedto the S&C and AA area. Our greatestevents were seminars on Consumer’s Rights,Trafficking of Women, Refugee Rights,Securities Issues, Round Tables on Terrorismand The Issues of Advocacy. But our membersalso participated in internationalevents, such as International CouncilMeetings, the Central and EasternEuropean Meeting. We also participated ata non-ELSA event but in which ELSA wasalso involved, that is the First InternationalCongress of the Young Penalists’ Section ofthe International Penal Law Association inItaly. Isn’t that a sign that ELSA Kazakhstanis on the way to the international arena?“What can be said of ELSA Kazakhstan?Despite the objective difficulties of the geographicalposition, which makes every travela journey, in little more than two yearsthey have demonstrated an exceptionalenthusiasm and a huge understanding ofthe ELSA Spirit. Everyone admired theirnational costumes in Coimbra and personallyI still remember their song during theELSA Vision Contest in Warsaw: A mix ofRussian and oriental flavour.”Guido CostantiniSecretary General ELSA Italy 2000-2001ELSA Kazakhstan is expanding. There aretwo local groups in Almaty and Astana nowand a national group. The expansion of theassociation aims to unite law students andyoung lawyers all over Kazakhstan in spiteof the huge territory. Now we are workinghard on founding two more local groups.Opening a new local group in Kazakhstanwith a territory of 1,049,150 square miles islike creating a new national group forsomeone else.“What does ELSA Kazakhstan mean forme? The beauty of its name, the beauty ofits projects, diligence and professional skillsof its members, which make it irresistible tothose, who relate to this organisation in anyway, distinguish ELSA Kazakhstan.ELSA Kazakhstan is a very serious organisation.Have a look at the projects it handles,talk to its members, participating in itsnumerous events – you will not have a singledoubt about the fact that this organisationdoes help students to improve theirprofessional level, demonstrate skills andknowledge, learn how to work and rest!The time I spent in ELSA Kazakhstan mademe realise that. When I look back at myyears as a student, I understand that theyears with ELSA Kazakhstan are the happiestones! “Vladimir Sorokin,Founder of ELSA AstanaELSA Kazakhstan is growing every day,every week. We have great plans and weintend to work hard to implement theminto real life, creating our own website,study visits with ELSA Krakow and ELSABashkortostan, Virtual Seminars andConferences, regular study visits betweenAnna Pilskaya,Zarina KunanbayevaELSA Kazakhstanlocal groups, expansion to the West toCaspian Sea as well as daily work. And thisis not the full list of our priorities.“I believe that ELSA Kazakhstan has greatpotential with its’ enormous quantity oflaw schools in the country, big territory andhuge interest in legal education whichappeared during the last 10 years. I havealready observed evidence of exceptionalsuccess in the legal careers of the peoplewho participated in ELSA’s development inKazakhstan and have contributed to thestrengthening and spreading of this organisationin our region during the last 2 years.Having such a peculiar geographical locationKazakhstan, as a Member of ELSA, canmake an exchange of experience betweenlaw students in the ELSA world extremelythrilling and fantastic! “Karina SultanovaPresident of ELSA Kazakhstan 1999-2000And as the eagle on our national flag, ourideals fly high as we gladly join the ranks ofELSA!32

Human Rights in ELSA or the Sky is the limitIulia VassELSA InternationalA really warm handshake…Iintroduced myself : Iulia Vass,Director for Human Rights,ELSA International. A shiningsmile… the Hague Appeal forPeace, isn’t it? Yes, “he” knewabout ELSA, “he” knew aboutits commitment to HumanRights and Peace. At thatmoment I felt especially proudto represent ELSA. The UNUnder Secretary General andUN Secretary General’s SpecialRepresentative for Childrenand Armed Conflicts, Mr.Olara Otunnu, gave me a bigsmile and a warm handshakebecause I was from ELSA… Iwas involved in ELSA and inHuman Rights… I was one ofthe heirs of the precious treasure…theELSA Human RightsCommitment.This was the first thing that came to my mind whentrying to write an article on Human Rights and ELSA.For one week I could not decide what would I writeabout. I had several ideas, and I started writingsomething on almost all of them, but I wasn’t reallyhappy with any of them. But finally it struck me, Ireally want to send you my message through thisarticle: ”How great human rights are and what agood job ELSA has done through the past sevenyears. But we have to keep asking ourselves whatmore can we do? What can we do to improve ourwork and its message? Which are the ways that theHuman Rights ELSA enthusiasts should follow in2002?”One of the purposes of this article, though it originatedfrom the observations made a few monthsago when I had the honour in becoming a part ofELSA International, is to remind the reader that we,as ELSA members, have an obligation to our “ancestors”to take the Human Rights Commitment intothe 21st century, as Cornelia Schneider wrote, byimproving what they have done till now. On theother hand, I shall not go into the details of how I seeHuman Rights in ELSA in the next years, but stick tohow I see the necessity of development. Nor shall Iembark the difficult task of defining what is theHuman Rights Commitment. Many articles and documentshave already been written on this subject,and I am not in a position to add anything substantialto the debate.I generally don’t like to think about the past, morethan it is necessary. I love the future. So many opportunitieslie in it and it also gives you the possibility todo what you did not have time to do in the past orin the present. For example, an international lawschool related to a human rights topic, or a humanrights research group or a human rights brochure,or… or… …this list is endless. When you haveenthusiasm, you have grate dreams. And when youhave grate dreams, you have to put them into practice.From here the miracle begins … the change youcan make, the small contribution you can bring to “aJust World in which there is Respect for HumanDignity and Cultural Diversity.” Someone once said:“There are no “all or nothing” solutions. Doingnothing is highly questionable. Doing everything isequally chimerical. But doing something is a viablealternative for us all. Moreover, we should allremember that there are no easy solutions.Engagement must be patient, informed, flexibleand determined.”These are the words of people who engaged theirlife in alleviating the suffering of those in distressduring armed conflicts. And here we come back toELSA, who in accordance with the above, stated:“The strongest tool for overcoming prejudices thatkeep the world from finding a way to put humanrights into life is education. Someone once said,“wars begin in people’s minds”, and therefore, themind is the place where healing has to start.”If you are a Human Rights ELSA addict, you willknow that this is a paragraph from the Two YearTactical Plan 2000-2002. And whoever wrote this atthe moment, was so right. Here is the point whereELSA can and has to give a helpful hand. Becauseyes, “ELSA has tools of achieving these goals and wewould fail if we ignored that fact. Our duty is to contributeto building awareness and responsibilitythrough our events. Our events should be a forumwhere these questions should be discussed and theanswers for them given. We should constantly investigatethe area of human rights and keep therhythm with the latest developments in order togive a chance to new questions being brought up atour events. We have the power of making this areainteresting and attractive not only to our members,but also to all the students and the public generally.“So, yes, we have the power. But do we know howto use it properly? Sometimes we succeed, sometimeswe fail. But our main achievement is that wemanaged to create a tradition of organising highquality human rights related events. However, wehave to recognise, if we look on the Human RightsCalendar of Events, beginning with 1994, the spectrumof human rights related issues is not very rich inELSA activities.Many words have been put on the paper and muchhas been said about the International CriminalCourt. There have been analyses, lessons, evaluations,conferences and seminars of all kinds; legalresearch groups have taken place in several countries,gathering ELSA members, professors with differentbackgrounds, and representatives of differentagencies, governments and the military.Effective responses have been found through theexchange of ideas and meetings with specialists inthis field. It is true that the International CriminalCourt is a very hot topic, and we should be veryproud that we succeeded to raise awareness aboutits importance in almost all ELSA groups.But where are refugees’ rights, children’s rights,women’s rights, right to free movement, minorityrights, right of privacy in cyberspace, racism andxenophobia, right to development, mass violationsof human rights in internal conflicts… and this listcould continue for a few more pages. I do not meanthat none of the ELSA groups ever organised anevent related to the issues mentioned above, I wantto point out that they have a very small part in thetotal human rights related projects. So what aboutour commitment to these human rights? Don’t werisk ending up becoming members of a sort of"club" that is meeting over and over again to repeatlargely the same things on the same subjects?Enriching our activities with other and new subjects,which we mostly ignored until now, is everyone'sresponsibility. It is time to move on.I do not intend to "convert" thinking of others to myway. But to plead for the concept of diversity whichcan best serve the interest of all those -- men,women and children -- who become victims of violationsof Human Rights and the interests of ELSAmembers who would prefer a diverse topic backgroundrelated to Human Rights. I hope you willdare to have your own dreams and you will dare totry to build upon what we already have. But for thiswe have to ask ourselves which way do we have togo, which will be our means and objectives and thentry to make them becoming a reality. Any idea?I am mindful of how difficult it is to fully achieve allour dreams. But as I am a Human Rights ELSA enthusiast,I believe that we will manage to make a difference.We will manage to make a difference becausewe are ELSA… we are ELSA and Human Rights…we are those respected for our Commitment toHuman Rights by people like Olara Otunnu. So,don’t lose your chance! It will not come back to you!Take the initiative in whatever field you think thereis a need for a change or for somebody to makethings work. You will see you will love the feelingthat you are useful, that you brought your small contribution…that YOU CAN MAKE A DIFFERENCE!33

The Cooperation between ELSA Spain and the Spanish“Cuerpo Nacional de Policía” (National Police Corps)Carlos J. López GobernadoELSA SpainMany ELSA members want to belawyers, judges, attorneys… Butthere are also strange peopleinside the association who likeanother way in law, they are few andtheir dreams are to be part of any law enforcementagency. These persons are often asked:How can a person want to be a police officer?And always this question is followed by: youhave a university degree; I think it is better foryou to be…Across Europe you will find a lot of differentlaw systems, and also a lot of law enforcementagencies. Each country can have federal,national, regional, or local agencies. In ELSASpain, and also in the Spanish society the ignoranceabout the work of the law enforcementagencies make an abyss between these agenciesand the people/citizenship, and alsobetween them and law professionals. In 2001ELSA Spain signed a cooperation agreementwith the ANPU (Uniformed Police NationalAssociation) from the National Police Corps(Hereinafter: CNP) and the “Justice and SafetyForo”. Since then we have increased ouracknowledgement of the work of the CNP andits efforts to be a police for the citizens not onlya governmental authority, and they have cometo know how a European association of studentsand young lawyers works. The lawDestination the HagueDo you think there are too many abbreviationsin the ELSA world? Well, soon you canforget about words like DipCon, PrepCom,APIC, and ROPE. The abbreviation of thefuture is “ASP”. And yes, it’s got something todo with International Law!When ELSA International’s delegation arrivedin Rome in June 1998, most participantsthought they would be working on a drafttreaty that would not enter into force for atleast a decade. Still, more than thirty studentswere committed to spend their summer holidaysin the Italian capital as part of an NGOlegal experts team. Today it is expected thatthis treaty - “the Rome Statute of theInternational Criminal Court” - might enterinto force as early as in May 2002. The frameworkof the Court will then be put into placeand the Court’s senior officials elected duringan approximate 12-monthtime period between theentry into force of theStatute and the actualfunctioning of theInternational CriminalCourt.THE ROLE OF THE ASPThe Assembly of StatesParties will, in many ways,enforcement agencies are pioneers in findingnew ways to combat crime. These ways thatthey have discovered and used, are then putthem into legal codes. They do a lot of thingsmore than public safety. The law enforcementagencies have very important law duties, i.e.they are responsible to do an investigation of acrime and give the judge all the evidences ofthe case to protect the innocent and condemnedthe guilty. Also the protection ofhuman rights began with the formation of thelaw enforcement agents. They are set to protectthe rights that every human being has.They are often the first ones to meet those wholeft their countries and are waiting at the borderpraying for a visa and they have projects,programs and units to protect women’s andchildren’s rights.What type of cooperation can ELSA expectfrom this agreement? First of all, a law enforcementagency can bring us a lot of informationon criminal law and related issues, since theywork everyday in this area of law: homicides,organised crime, financial crimes, or terrorism.They can also send ELSA speakers for our seminarsand conferences. Up until now the CNPhas supported three ELSA activities: They supportedthe candidature of ELSA Valladolid forthe Final IFP Conference, they sent a speaker tothe 1st. International Congress about IT Lawcontinue the work of the ICC PreparatoryCommission. It will function as a legislativebody and to a large extent shape internationallaw of the future. The ASP is responsible forfurther modification of the rules of procedureof the Assembly, the Second Year Budget, andthe Court’s Financial Rules and Regulations.Further, the ASP shall consider and adopt recommendationsof the PreparatoryCommission and provide management oversightto the Presidency, the Prosecutor and theRegistrar regarding the administration of theCourt. It is therefore likely that the Assemblyof States Parties will continue to discuss thestatus of the Court, its jurisdiction, and thenature of cases that are being brought to thecourt at its annual meetings. The Court’s cooperationwith the United Nations and otherstates will also continue to be discussed.TIME-LINEThe first annualmeeting of theAssembly ofStates Partieswill be held inNew York inSeptember2002, followingthe ninth andtenth session oforganised in Valladolid in October, and ELSAMunich will have an Interpol´s officer at theFinal IFP Conference. They have also sent usinvitations to participate in their activities suchus conferences, institutional acts and give usthe opportunity to write articles for some oftheir magazines… In spring 2002, there will beanother important step in this cooperationsince they have invited ELSA to participate inthe 1st. Conference about Criminology andForensics, co-organised by the Forensic andLegal Medicine Department of the UVA.With this short article I want to show you allthat we can learn things from the law enforcementagencies, and that we should look fortheir support in our activities. So I hope that inthe next seminar or conference that yourgroup organises, if you want a speaker fromany law enforcement agency, don´t hesitate tocontact them. They are waiting for the opportunitytoshow theirwork andsupportELSA asyou shouldbe waitingfor thebenefits ofsuch coop-Espen Rostrup NakstadELSA Norwaythe ICC PrepCom. From the year 2003, ASPmeetings are likely to take place in TheHague.OPPORTUNITIESNGOs will have the same opportunities tomonitor these meetings, as has been the caseat the ICC PrepCom sessions. However, theASP meetings will most likely exceed thePrepCom in terms of legal experts teams, representativesand observers. The meetings willalso open new opportunities for organisationsthat are present in Europe, and for ELSA’s network.A definite time-line should be announced atthe April’s 2002 PrepCom, but the full picturewill only be clear when the very last ICCPreparatory Commission takes place in July2002. This meeting will in fact end a century ofcontinuous efforts to establish a permanentinternational court with jurisdiction to prosecuteindividuals for crimes that are universallycondemned. At the same time it will open anew andexcitingchapter inthe historyof internationallaw.35

The International Criminal CourtRome, NYC, The Hague and ELSA„If you want peace, work for justice.“Isabelle Eva-Maria WaltherELSA Delegate to the 7th and 8th Session of the ICC PrepComNew York: 11September 2001,the most horribleterrorist attack in historyshakes the world; 24September –5 October 2001,the 8th session of thePreparatory Commission forthe International CriminalCourt (ICC PrepCom) is convenedat UN headquarters –20 ELSA delegates participate.But what are the ICC and thePrepCom actually about? Adecoding follows:1. IntroductionAlthough, after the 2nd World War internationaland regional systems of human rightsprotection have been created by the internationalcommunity, even in the last centuriesthere have been some of the gravestsystematic human rights violations killingmillions of people and leaving behind extensivedestruction and mourning. The perpetratorshave gone unpunished. In situationssuch as those involving ethnic conflict, violencebegets further violence; one slaughteris the parent of the next. The guarantee thatat least some perpetrators of war crimes orgenocide may be brought to justice acts as adeterrent and enhances the possibility ofbringing a conflict to an end.No international criminal justice systemexisted to interpret and enforce internationalcriminal law, and national criminal justicesystems often lack either the authority or thepolitical power to step in. An InternationalCriminal Court has been the missing link todeal with individual responsibility as anenforcement mechanism and only such acourt with universal jurisdiction can finallylay to rest the charge that the internationalcommunity is being selective or applyingdouble standards in deciding which crimesto investigate and punish. On July 17, 1998the Rome Statute of the InternationalCriminal Court was adopted, which washailed by UN Secretary General Kofi Annanas "a giant step forward in the marchtowards universal human rights and the ruleof law."The ICC will be a permanent independentjudicial body created by the internationalcommunity of states to prosecute the socalledcore crimes: genocide, crimes againsthumanity and war crimes – including widespreadmurder, torture and mass rape, committedin both international and non-internationalarmed conflict. Different from theInternational Court of Justice, a sub organof the UN, the ICC will investigate and bringto justice individuals, not states, and it willnot be dependant on the UN or limited totime and place like the InternationalCriminal Tribunals for the Former Yugoslaviaand Rwanda.2. A Brief Insight into the ICC HistoryIt has been a time-absorbing developmentuntil the Rome Statute has been adoptedand there are still some hurdles to be takenbefore the ICC will come into force andwork effectively.The idea of an international criminal tribunalcan be traced back to 1474, when BaronPeter von Hagenbach was tried and sentencedto death for the violations of the“laws of God and man” following his ruleover the people of Breisach. But only afterthe atrocities of the 2nd World War did the36

idea of an ICCstart to becomea reality.The Allies establishedtheInternational Military Tribunal at Nurembergby an agreement signed by the four powerson 8 August 1945, known as the LondonAccord. Similarly the International MilitaryTribunal for the Far East sitting in Tokyo wasset up on 19 January 1946 to prosecute FarEastern criminals on the same four chargesof crimes against peace, crimes againsthumanity, and war crimes and conspiracy,and under the same subject matter asNuremberg. The Judgment of theNuremberg Tribunal stated that "crimesagainst international law are committed bymen, not by abstract entities, and only bypunishing individuals who commit suchcrimes can the provisions of internationallaw be enforced" - establishing the principleof individual criminal accountability for allwho commit such acts as a cornerstone ofinternational criminal law. The Nuremberglegacy should have led immediately to therecognition and realisation of the need toestablish a permanent ICC in order to ensurethat those horrible international crimeswould never go unpunished again, but theroad to The Hague proved to be longer. Onlya few incidents in the next 40 years pointedtowards the possibility of a court as the tensionsbetween east and west grew.In resolution 260 of 9 December 1948, theGeneral Assembly (GA), "Recognizing thatat all periods of history genocide has inflictedgreat losses on humanity; and being convincedthat, in order to liberate mankindfrom such an odious scourge, internationalco-operation is required", adopted theConvention on the Prevention andPunishment of the Crime of Genocide. Oneday later the Universal Declaration ofHuman Rights came into existence, detailinghuman rights and fundamental freedoms.Then, in 1973 the Apartheid Conventionwas adopted, featuring the possibility ofinternational criminal jurisdiction in Art. V. Ayear later the GA agreed on a definition ofaggression. But even so the InternationalLaw Commission (ILC) worked on draft textsfor an ICC, efforts to establish a permanentcourt were delayed by the cold war andrefusal of governments to accept an internationallegal jurisdiction.On account of the political changes bringingalong the breaking up of the Socialist Blocksome of the former impediments disappearedand the work on the ICC wasresumed. The actual starting point wasmade, when in 1989 the Prime Minister ofTrinidad and Tobago, in response to the difficultiesin combating international drugtrafficking, requested the UN to undertakeefforts to establish a permanent criminal tribunal.Contemporaneously, an NGO committeeof experts prepared a first draftstatute.Later theILC tookup thismatterand provisionally adopted a Draft Code ofCrimes as well as created a working groupon an ICC.Then, in 1993 the ad hoc InternationalCriminal Tribunal for the former Yugoslaviaand in 1994 the International CriminalTribunal for Rwanda were established by theSecurity Council under Chapter VII in orderto bring justice to the victims of these ethniccleansings.Shortly thereafter, the International LawCommission successfully completed thework on its draft statute and submitted it tothe GA, which established an Ad HocCommittee on the Establishment of an ICC.This met twice in 1995 and the Committee’sreport led to the creation of the PreparatoryCommittee on the Establishment of an ICCto consider substantive, procedural, andadministrative issues and the final version ofthe 1996 Draft Code of Crimes AgainstPeace and Security of Mankind as well as toprepare a widely acceptable consolidateddraft text. The Preparatory Committee,which met six times from 1996 to 1998,held its final session in March and April of1998 and completed the drafting of thetext.Subsequently, at its 52nd session, the GAdecided to convene the UN DiplomaticConference of Plenipotentiaries on theEstablishment of an ICC, held in Rome, Italy,from 15 June to 17 July 1998, "to finalizeand adopt a convention on the establishmentof an international criminal court".160 countries participated and on 17 July1998 the Rome Statute of the ICC wasadopted by an overwhelming vote of 120 infavour, 7 against and 21 abstentions. Thus,the fundament for the establishment of apermanent ICC was laid at last. The RomeStatute defines the crimes, how the Courtwill work and what states must do to cooperatewith it, it provides that the Court willcome into existence when 60 states haveratified it. The Rome Statute has been openfor signature until 31 December 2000. By 1February 2002, 139 States have signed and50 ratified it. The seat of the court will be atThe Hague, Netherlands, but it will beauthorised to try cases in other venues whenappropriate. The working languages of theCourt are English and French. However,accused persons have the right to interpretationin their first language.3. Basic Legal Principles of the CourtThe Court has jurisdiction over the threecore crimes of genocide, crimes againsthumanity and war crimes, as well as, after adefinition will be found, over the crime ofaggression. It is intended to complement,not substitute national criminal justice systems,national courts will always have jurisdictionover the crimes. The principle ofcomplementarity ensures that the Court willonly intervene in cases where nationalcourts are unable or unwilling to initiate orconduct their own proceedings as stated inArt. 17 (1) RS. This might be in cases wherehigh ranking officials are concerned orwhere the criminal justice system has collapsedas the result of an internal conflict.Important key legal principles governing theICC are: (1) All persons have the right to afair trial and all persons are innocent untilproven guilty; (2) The burden of proof lies onthe prosecution and guilt as well as intentmust be proven beyond a reasonable doubt;(3) Persons cannot be tried twice for thesame alleged offence; (4) No retroactivity ofthe Court; (5) The Court cannot try anyonewho committed the alleged offence whileunder age 18; (6) An accused person hascertain rights upon arrest, such as the rightto legal advice, the right to remain silent,and freedom from coercion or degradingpunishment, (7) Accused persons cannotuse "following orders" as a defence exceptin the rarest of circumstances, (8) Convictedpersons have the right to a review of theirsentence after serving two-thirds of theirterm; and (9) The ICC can try any personregardless of their official status or anyimmunity from prosecution they may ordinarilyenjoy because of that status.4.The PrepCom and its MandateResolution F of the Final Act of the RomeConference provides for PreparatoryCommissions to be held at UN headquarters.The Commission shall consist of representativesof states, which have signed theFinal Act and other states, which have beeninvited to participate in the Conference. Itshall prepare proposals for practical arrangementsfor the establishment and cominginto operation of the Court, including thedraft texts of: (a) Rules of Procedure andEvidence; (b) Elements of Crimes (both ofthese were finalised by June 2000); (c) Arelationship agreement between the Courtand the United Nations (ICC-UN); (d) Basicprinciples governing a headquarters agreementto be negotiated between the Courtand the host country (HQA); (e) Financialregulations and rules (FRR); (f) An agreementon the privileges and immunities ofthe Court (APIC); (g) A budget for the firstfinancial year (FYB); and (h) The rules of procedureof the Assembly of States Parties(ASP). Further, proposals for a provision onaggression, including the definition and elementsof crimes of aggression and the conditionsunder which the ICC shall exercise itsjurisdiction with regard to this crime shouldbe worked out.The different drafts texts subjects are split upinto working groups. These meet under theauspices of a chairman in formal and infor-37

mal sessions to finalise the draft texts. The1st PrepCom session took place in February1999, the next and probably last sessions,the 9th and 10th, will convene in April andJuly 2002.5. NGOs and the ICCIn accordance with UN resolution 54/105non-governmental organisations (NGOs)may participate in the work of thePreparatory Commission by attending itsplenary and its other open meetings, and inaccordance with the rules of procedure ofthe Commission, receive copies of the officialdocuments and make available theirmaterials to delegates. ELSA is part of theNGO Coalition for the ICC (CICC). The CICCis a broad-based network of over 1,200NGOs, international law experts and othercivil society groups. Its main purpose is toadvocate for the creation of an effective,just and independent ICC by promotingeducation and awareness of the ICC and theRome Statute on the national, regional andglobal level, supporting the successful completionof the PrepCom’s mandate, promotingthe universal acceptance and ratificationof the Rome Statute and expanding andstrengthening the Coalition’ s global network.The Steering Committee of theCoalition consists of 13 NGOs, besides ELSAe.g. Amnesty International, Human RightsWatch and No Peace Without Justice.6. ELSA’s InvolvementELSA has been following the establishmentof the ICC since 1994 and has specialobserver status with ECOSOC since 1996according to Art. 71 UNC and ECOSOCResolution 1996/31. The representation ofELSA as an observer at the RomeConference is mentioned in Annex IV of theFinal Act.ELSA’s work at the PrepCom includes theparticipation in plenaries and working groupsessions, unless those are closed to NGOs,participation in the daily strategy meetingsof the CICC and support of the work of theCICC. Since the last session deputy teamleaders are assigned to the different workinggroups in order to facilitate and help withthe work of the CICC team leaders, who areexperts in the specific field concerned. Andlast but not least an ELSA report is writtenby each PrepCom delegation in order toinform other ELSAnians about the currentdevelopment of the draft texts.states that have ratified or acceded to thetreaty, will be established to oversee thework of the Court. The PrepCom will remainin existence until the conclusion of the firstmeeting of the Assembly of States Parties,during which it is expected that thePrepCom will forward its work to theAssembly for final approval. The issues ofthe next PrepCom that still need to be concludedare _the ASP, FYB, HQA as well as thefinancial issues (FI) and the definition ofaggression. With the 60th ratificationexpected in the second half of this year, theICC is a long fostered idea coming true.After finishing its work on the first ICC relatedlegal research group under the title of“Procedures, criteria and political influenceon national selection of judges for the highestjudicial offices”, ELSA is currently establishinga new number of legal researchgroups such as “The selection of judges tointernational tribunals”, “Implementationand ratification issues” and “Process and criteriaof selection of prosecutors to internationaltribunals”. Further information on theICC can e.g. be found atwww.un.org/law/icc/index.html_ orwww.iccnow.org (CICC official website).As a conclusion it can be said that the latestevents in world history show that gravehuman rights violations are daily present,whereas the perpetrators are not punishedand flee from responsibility. The ICC is envisagedto not be selective or driven by politicalconsiderations, when determining anissue on which it could exercise jurisdiction,and thus even individuals of influentialstates might be prosecuted. And exactly thisis what is hoped to be achieved: a just andfair tribunal serving as a conscience of theinternational community.7. OutlookOn the first day of the month after the 60thday after the 60th state ratifies the treatythe ICC will come into force. At that point,the Assembly of States Parties, a body of38

Associates of ELSA InternationalCorporate PartnersELSA International in Brussels, Belgium, edits Synergy.Articles are based on contributions from students andyoung lawyers from all over Europe and are edited atthe discretion of the EditorContributionsSynergy is published twice a year for ELSA’s 25,000members in 38 countries. If you would like to contributewith articles, pictures, quotes, etc. Please send them toELSA International. They may be sent on diskette (Wordor Text-files) or via email.AdvertisingRates are available upon request. Please contact ELSAInternational in Brussels.EditorKatja Pecek ˇAssistant EditorsMy fellow board members in co-operationLayout & Cover PageAndré DejardinIpso Facto • 04 229 58 81Step Development PartnerELSA International239, Boulevard Général JacquesB – 1050 BrusselsBelgiumPh : +32 2 646 2626Fax : +32 2 646 2923Email : elsa@brutele.beWebsite : www.elsa.orgWebsite Development PartnerSupporting InstitutionEuropean Commission39