Frederic Bostedt – författare

Seminar paper from the year 2003 in the subject Law - Comparative Legal Systems, Comparative Law, grade: A, Victoria University of Wellington (Victoria Law School), course: International Law, language: English, abstract: The fight against terrorism has two distinct objectives. First, it implies resolving 'political' disputes, political in its broadest sense, comprising different areas such as the division between the rich and the poor or the denouement of religious tensions. Or, to state it even broader: the first objective is to deal with the roots and the causes of terrorism. Secondly, the fight against terrorism means maintaining order at home, so as not to allow terrorists to reach their objective of destroying the core values in our society. Moreover, it allows the government to gain time while the international community works on the first objective. The main prospect in maintaining law and order at home is to put terrorists to trial. Thus criminal law plays an important role in the fight against terrorism. This paper focuses exclusively on the second objective and its purpose is to survey and compare the legislation related to criminal law and terrorism in the UK, Canada, Australia, New Zealand, and Germany. The following chapters are divided into the countries experience with terrorism and an overview on their criminal law relevant in the fight against terrorism. A comparison of the terrorist legislations in these countries will lead to an evaluation of the different approaches and an answer to the question if terrorism should be defined at all in criminal law.

Master's Thesis from the year 2003 in the subject Law - European and International Law, Intellectual Properties, grade: A, Victoria University of Wellington (Victoria Law School), course: International Law, language: English, abstract: The United Nations Human Rights Committee, established under the International Covenant of Civil and Political Rights, has the power to examine individual complaints on alleged human rights violations. It is noted, however, that the Committee lacks important powers to be as effective as the regional human rights courts in Europe and the Americas. The paper assesses the effectiveness of the Committee by means of a comparative analysis. The comparison takes place within four criteria that are essential in an assessment of a court's effectiveness: the visibility of the court in the public domain, the adoption of interim measures to hinder the aggravation of the violation, the fact-finding capacity of the court, and the enforcement of the final decisions and the follow-ups thereto. The paper argues that despite the statutory deficiencies of the Covenant and the Optional Protocol, the Committee can be as effective as the regional courts even without an amendment to these instruments. This would be possible if the Committee successfully argues for a binding nature of its interim measures; further, it can overcome the lack of its independent fact-finding capacity through a - thoroughly argued - reversal of burden of proof. If it could also augment its own visibility and the publicity of its decisions, the Committee will finally enhance states' compliance with its final, non-legally binding 'views'. The Committee may welll be able to become as effective as the regional courts of human rights, and could in fact evolve into an effective court of human rights on a global level.