Seminar paper from the year 2004 in the subject Law - Comparative Legal Systems, Comparative Law, grade: very good, University of South Australia, course: Comparative Law, 38 entries in the bibliography, language: English, abstract: Drugs have always been and will continue to be a vice of human society. They cause “harm to [both] users [and] their families”, are a danger to the users’ health, and impose enormous costs on society, especially on the public health system. Moreover, a correlation between the use of drugs and other crimes can be found (drug-crime nexus) because their addiction often forces users to commit other offences in order to finance their habit (drugs-related crime). Therefore, drugs can be looked at as a threat to the welfare of community. Although changing attitudes and/or recreational activities might alter which kind of drug is favoured the most at the time being, the core problem stays the same over time. Therefore, how to deal with drug crimes and related issues is a topic that remains contemporary and is always worth considering. The following research paper examines drug law enforcement measures in cases of street dealings in both Australia and Germany. But first, it is necessary to give a brief general overview over the differences between the two legal systems with regard to drug offences and their enforcement.
Seminar paper from the year 2003 in the subject Law - European and International Law, Intellectual Properties, grade: 15 Points, University of Mannheim, language: English, abstract: As stated in an article on the Human Rights Watch Homepage, in Afghanistan there “are currently no effective mechanisms in place to address past crimes committed during the two decades of war that followed the Soviet-backed coup in 1978” . But there is a need to examine what happened during this time to achieve justice and reconciliation which are necessary for a brighter future of the state. This paper will deal with transitional justice mechanisms which come to mind when thinking about a solution for Afghanistan. It will address the pros and cons of a Truth and Reconciliation Commission, a Hybrid Court, an International Ad Hoc Court, a Local Court, the International Criminal Court, Lustration, Amnesty, and a Constitution with entrenched Bill of Rights and come to a conclusion about which of these methods shall be favoured for the state of Afghanistan. In order to do so one has to bear in mind the specific circumstances of the country such as the ethnic makeup, the religions and languages of the people.
Seminar paper from the year 2004 in the subject Law - European and International Law, Intellectual Properties, grade: 17 Points, University of Mannheim (-), language: English, abstract: In the following essay, I will discuss the issue of multiple locations of torts in cases of press torts and the theories to solve this problem. I will do so in first explaining what torts, especially press torts are. Afterwards, I will continue with the problems which arise out of this special kind of tort and lead it to a solution. In the end, I will present a little case in order to apply the fore mentioned issues to it. This shall make the facts clearer. II. Main Part 1. What are press torts? A tort in general is a civil wrong not arising out of a contract or statute which came about when one of a person’s legal assets is injured by another person1. This injury gives the injured person the right to sue the wrongdoer for damages2. With regard to press torts the injury must be brought about with the help of a written and printed device such as a newspaper, a magazine or a book. These press releases are able to violate a person’s personal rights3. This happens, for example, if a picture is published without the consent of the depicted person or a violation of a person’s honour takes place. First of all, it is questionable which conflict norms should be applied with regard to these torts. Both the Brussels Regulations4 and the Introductory Act of the German Civil Code (IACC) come into consideration.
Seminar paper from the year 2004 in the subject Law - Miscellaneous, grade: Good, University of South Australia, course: Comparative Native Title: Australia and Canada, 15 entries in the bibliography, language: English, abstract: “Extinguished is a Latin word. Something is inflamed or on fire, and it is put out. Silenced. It means to blot out of existence. To totally do away with; to annihilate, cut off, bring to an end. To kill. The word is related to extinct. That which has ceased to burn or shine. Vanished. Without progressive succession. Having no living representative. There is a vast emptiness.” The forementioned statement is a quote from Leslie Hall Pinder, a lawyer who represented the claimants in the famous Canadian aboriginal land rights case of Delgamuukw v British Columbia . It is part of a speech Pinder delivered to the British Columbia Library Association Annual General Meeting in April 1991 after the judgment of first instance was handed down by Chief Justice McEachern. The quote introduces the reader to extinguishment, especially the extinguishment of aboriginal rights and interests and thus to the topic of this research paper. This essay concentrates on two countries: Australia and Canada, and compares their law in relation to extinguishment of aboriginal rights and interests. First, it examines how these two countries approach the subject. Then, the paper draws a conclusion as to the question of similarities and differences between Australian and Canadian law.
Master's Thesis from the year 2005 in the subject Law - European and International Law, Intellectual Properties, grade: 12 Points (magna cum laude), University of Mannheim, course: Master of Comparative Law (Mannheim/Adelaide), 84 entries in the bibliography, language: English, abstract: In some German states vomit-inducing medication is undertaken as a means to search and seize evidence in drug street dealings. Whenever a drug dealer swallows drugs upon arrest, a medical practitioner administers a so-called emetic which makes the suspect vomit and which allows the Police to seize the evidence. The thesis presents the legal basis and the constituent elements of this measure. It shows how the administration of the emetic takes place, where in Germany the method occurs and to what extent it is used. The thesis further compares the German measure to obtain evidence in cases of internal concealment with the Australian one. It shows that Australia, too, encounters problems of internal concealment and how Australian authorities react to such a challenge. The thesis moves on in examining whether the administration of a vomit-inducing medicament in order to obtain evidence is compatible with International Law. It scrutinises if the use of emetics is a means of torture and thus infringes the suspect’s fundamental rights of human dignity and personal integrity. The thesis comes to the conclusion that the use of emetics does not amount to torture under Article 3 of the European Convention for the Protection of Rights and Fundamental Freedoms and Article 1 (1) of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Seminar paper from the year 2004 in the subject Law - Comparative Legal Systems, Comparative Law, grade: Credit, University of South Australia, course: Australian Law of Crime, 35 entries in the bibliography, language: English, abstract: In 1989, Robert John Bardo, an obsessed fan, killed actress Rebecca Schaeffer near her apartment in Los Angeles, U. S. A. He did so after having stalked her for several months, writing numerous letters and travelling from Tucson, Arizona, to Los Angeles, California, three times in attempts to speak with her . Soon afterwards, five Californian women were harassed and killed by their ex-intimates against whom they had obtained restraining orders . In both the celebrity stalking case and the domestic violence cases, the police were unable to intervene since the men – until the time of the killings – had not offended any criminal law. Aware of this “inadequacy of current law” the Californian Legislator acted and introduced the first anti-stalking legislation in 1990 . Similar incidents in other American states soon led to amendments of other legislations. The ‘domino effect’ started, spreading nationwide at first, but then gaining ground and becoming international . This research paper concentrates on stalking in Australia. Firstly, it will present a general definition of stalking, followed by a short overview of empirical research into this issue. It will then – chronologically – examine the different anti-stalking legislations in this country. After such having gained a grasp of the concept of stalking in Australia, one can start to compare the various legislations. Moreover, the research paper concerns present threats of stalking and thus bridges from the past (the 1990s) to the present (the 21st century)!
Studienarbeit aus dem Jahr 1999 im Fachbereich Jura - Sonstiges, Note: 9 (befriedigend), Justus-Liebig-Universität Gießen (Professur für Straf- und Strafprozessrecht), Veranstaltung: Aktuelle Probleme des Medizinrechts, Sprache: Deutsch, Abstract: Im folgenden ist es meine Aufgabe, „Die rechtliche Bewertung der Knochenmarkspende“ vorzunehmen. Dafür werde ich zunächst auf die Definition des Knochenmarks eingehen. Dabei liefere ich auch einen geschichtlichen Abriß und die Krankheiten, welche einen solchen Eingriff erforderlich machen. Nachdem ich die Vornahme einer Knochenmarktransplantation dargestellt habe, folgen die rechtlichen Probleme der Knochenmarkspende und deren Lösungsmöglichkeiten. Zum Schluß werde ich zu letzteren Stellung beziehen.
Seminar paper from the year 2004 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: 14 Points, University of Mannheim, language: English, abstract: In the following seminar paper I will deal with the body search and physical examination of the accused, the privilege against self-incrimination, and the consequences of illegally obtained evidence in German Criminal Law. In the main part, I will start with the presentation of the sections in the German Code of Criminal Procedure (GCCP) which lay down the provisions concerning the body search and the physical examination of the suspect in criminal proceedings. This will be followed by the requirements the fore-mentioned sections list in order to lawfully obtain evidence. Afterwards I will show different examples that fall under the one or the other and will so develop the differences between these two norms. Then, I will move on with the privilege against self-incrimination. I will show how this privilege is guaranteed in German Law and if it is violated with regard to body search and physical examination of the accused. In additional to this, I will also deal with the consequences of illegally obtained evidence with regard to such searches and examinations of the suspect. In the end, a brief conclusion shall sum up the fore-mentioned findings and ideas.