Suchergebnisse

This article touches on an important aspect of Western European asylum policy. Whenever possible, countries try to send back asylum seekers to so-called 'safe third countries'. The existence of a 'safe third country' results in the asylum seeker being refused entry, in expulsion during the asylum procedure or in refusal of the asylum application. However, the principle only works if the asylum seekers or refugees can actually be sent back to third countries. Both the Dublin Convention and the Schengen Agreement offer certain possibilities. At present, European countries are trying to conclude readmission agreements with as many third countries as possible. This article deals in particular with the multilateral Schengen-Poland Agreement and with the treaty between Switzerland and Germany, considered as an example of a modern bilateral readmission agreement. There are limits, however, to the expulsion of asylum seekers to third countries. In particular, the 1951 Convention and the ECHR demand that a certain minimum standard be met. Furthermore, in the area of 'soft law', the conclusions of the UNHCR Executive Committee must be observed. The authors examine the practical situation in certain European countries (Germany, France, Austria and Switzerland) and show to what extent the third country principle plays a role in national legislation and practice. They conclude with some remarks about the responsibilities of the host States, so-called safety in third or fourth States and die relationship between the readmission agreements and conventions governing State responsibility for examining asylum applications (Dublin and Schengen).

This article provides an overview of the corporate self-regulation by five European-based multilateral financial institutions where European environmental acquis is applied in investment projects in the third countries. Academic research on environmental standards suffers from a certain imbalance. While scientific studies of European ambient standards and standards regulating environmental performance and its consequences are ample, little has been written so far about their application by the European players outside the European Union. This gap in the literature is, however, critical, considering the leading role the Union seeks to play in the proliferation of high environmental standards worldwide.

The implementation of New Pact reforms could lead to greater responsibility being shifted to third countries, raising several concerns in the process.

From its inception the European Political Cooperation (EPC) has gradually developed a network of dialogue partners, and dialogue with third countries and groups of third countries is now extensive. This article presents an overview of the most important formal consultations taking place. It examines the various forms, levels and frequency of relations, and the criteria for choosing the concrete format of political consultations. The article also explains why dialogue has been established and developed, and four factors are put forward. First, the integration process of the European Community itself is a necessary precondition for dialogue, and also explains why the Twelve are now more willing to enter into dialogue, and why the Twelve themselves have become more desirable partners for consultation. The second factor is the response from the third countries: from the outset the EPC has excited keen interest — and in some cases felt pressure — from third countries wanting to establish formal contact. Third, dialogue has benefited the Twelve, enabling them to assert themselves on a global scale. Finally, local or regional crises and conflicts outside Europe have served as a catalyst for the establishment of interregional cooperation.

662Aliens — Refugees — Right to asylum on grounds of political persecution — Exceptions — Safe third country rule — Geneva Convention relating to the Status of Refugees, 1951 — Whether any binding rules under international law laying down minimum procedural requirements for determination of refugee status — Persons arriving from safe third countries — Automatic exclusion from right to asylum — Constitutional designation of all European Community Member States as "safe" — Provision for legislative designation of other third States as "safe" on condition that application of European Convention on Human Rights, 1950, and Geneva Refugee Convention, 1951, assured — Conclusive presumption that individual will be safe in designated "safe" States on basis of "normative certification" — Exclusion of examination on individual case-by-case basis — Exceptions only where compelling factual evidence of specific unusual risk to individual in third country concerned, sudden change of circumstances there or systematic infringement of principle of non-refoulement — Whether safe third country rule compatible with Federal German Basic LawAliens — Refugees — Non-refoulement — Primacy of international agreements over national law — Development of new international system of protection based on burden-sharing between participating States — Safe third country rule — Compatibility with principle of non-refoulement — Scope of principle of non-refoulement — Whether prohibiting deportation to State where individual at risk of onward deportation to persecuting State — The law of the Federal Republic of Germany

This article provides an overview of the corporate self-regulation by five European-based multilateral financial institutions where European environmental acquis is applied in investment projects in the third countries. Academic research on environmental standards suffers from a certain imbalance. While scientific studies of European ambient standards and standards regulating environmental performance and its consequences are ample, little has been written so far about their application by the European players outside the European Union. This gap in the literature is, however, critical, considering the leading role the Union seeks to play in the proliferation of high environmental standards worldwide. To provide background, existing international incentives to stimulate the 'greening' of investment are described, in particular focusing on the launch of European Principles for Environment by some investment banks, which has led to their voluntary application of legal European environmental standards outside of the EU. The article elaborates on the nature and character of standards being applied in the framework of the investment projects. It considers the possibility of a certain mutual influence between the 'exported' European and national environmental standards of host countries, leading to an approximation effect. Furthermore, attention is paid to the driving forces behind the voluntary environmental self-regulation. It is argued that homogenous introduction of high legal standards causes a positive effect on general FDI patterns, with investment becoming a stimulus of proper environmental regulation in the host countries. The article also addresses the academic debate around the role of European Union as a normative (green) power, extending its 'legal space' beyond its geographical borders. It stands still by the Common Investment Policy that currently takes shape at the Union level. Finally, concluding remarks are presented on the positive role of investment banks in promoting European environmental standards worldwide. It also calls for the comprehensive EU investment regime to stay ahead of international developments.