Übersetzung für "Staatenpraxis" in Englisch

However, in international state practice, there are few decisions on the cessation clauses.

In principle, this requires a thorough and comprehensive analysis of state practice and proof of acceptance as law.

Without the necessary domestic state capacity, external reform efforts are less likely to succeed.

The project analyses the scope of this term by reference to international and German law and practice.

The question is where the Communities stand in relation to the practice gradually established by States (Chapter II).

The existence of a rule is often disputed between states as there is no uniform assessment of state practice.

Accordingly, it is now recognised that the right to equality in the administration of justice derives from general human rights, "including the minimum standard of human rights enshrined in general international law, as increasingly reflected in the practice of states since 1945, particularly in the universal and regional declarations and conventions on human rights" (tr. from the Federal Constitutional Court decision of 20 April 1982 – Neue Juristische Wochenschrift (NJW), 1982, pp. 2425 and 2430, II 3 a).

It also shows that there is an emerging practice of law which makes the precautionary principle subject to a proportionality test which includes a cost-benefit analysis.

The subsequent requirements, which reach far beyond Conclusion No. 69 (see No. 15), also contain no indication of such a state practice.

But on the basis of an expanded definition of a refugee, the requirements for cessation would necessarily increase, so that in these cases it would not be possible to draw conclusions about the interpretation of the Geneva Refugee Convention from actual state practice, if only because the relationship to the treaty that is necessary for a finding of a subsequent practice would be absent.

In this sense, in the present case there is no indication whatsoever of a uniform state practice contrary to German case law in the application of the cessation clauses of the Geneva Refugee Convention.

To this end, it indicates that there is also an emerging practice of international law, which includes, inter alia, to make GMOs subject to a strict risk analysis, discharge ballast water on the high seas, decommission disused offshore platforms on land or make the transit passage of ships carrying radioactive or hazardous waste dependent on prior notification or authorization.

To the extent that they point out that the framework for substantive analysis takes account of 'State practice' (see No. 5), here too there is no indication of the actual existence of a uniform state practice.

Insofar as this document states that the Conclusions of the Executive Committee reflect state practice, there is no evidence to that effect.

The right to an independent, full review of an adverse decision is today recognised almost without exception in the practice of member states and beyond, and constitutes a core element in the granting of effective legal protection for refugees.

As an expert legal body, its task is to prepare draft conventions on subjects, which have not yet been regulated by international law and to codify rules of international law in fields, where there already has been extensive State practice.

Moreover, the fact that Conclusion No. 69 does not even reflect the state practice of the states that are members of the Executive Committee is shown by the fact that Germany belongs to the committee, yet according to the UNHCR Germany has never conformed to its requirements in practice.

At the Center, Professor de Wet is currently researching on the topic "Customary Public International Law and Human Rights: The tension between state practice and legal culture".

With this reservation it may be said that the proposed provisions regarding the regular asylum procedures as such reaffirm the legal progress already achieved in refugee law. Under international refugee law, the ban on refoulement does not merely protect against the forcible return to a person's country of origin; in practice, states are understood to have an obligation to guarantee persons seeking asylum effective access to an examination procedure.

In the practice of nations as well, it is still unclear what group of persons the clause can apply to, and particularly whether an act can be contrary to the purposes and principles of the United Nations only if it is performed in the exercise of governmental or quasi-governmental power (see Federal Constitutional Court, decision of 12 March 2008 2 BvR 378/05 InfAuslR 2008, 263 with further authorities).

There is no support in either the background materials to the Geneva Refugee Convention or the international practice of nations for the UNHCR's opinion that the aim and purpose of considering a serious non-political crime as a reason for exclusion is to protect the community of a receiving country from the danger of admitting a refugee who has committed a serious common crime (see Paragraph 151 of the UNHCR Handbook).

The provisions of the Paris Convention and the TRIPS Agreement on priority do not meet the conditions under which a treaty rule is transformed into a rule of general customary international law: they do not represent an extensive and virtually uniform State practice or a norm generally recognised by the opinio juris of States, in the sense of Article 38 of the Statute of the ICJ.