Domestic Courts and the Interpretation of International Law

Abstract

NV reserves the right to protect the publication against unauthorized use and to authorize dissemination by means of offprints, legitimate photocopies, microform editions, reprints, translations, and secondary information sources, such as abstracting and indexing services including databases. Requests for commercial re-use, use of parts of the publication, and/or translations must be addressed to Koninklijke Brill NV. This book is printed on acid-free paper and produced in a sustainable manner.This is an open access title distributed under the terms of the CC-BY-NC 4.0 License, which permits any non-commercial use, distribution, and reproduction in any medium, provided the original author(s) and source are credited.The Faculty of Law of the University of Fribourg (Switzerland) does not intend to approve or disapprove the opinions expressed in a dissertation; they must be considered as the author's own (decision of the Faculty Council of 1 July 1916). Published with the support of the Swiss National Science Foundation.Cover illustration: Lady Justice sorting methodically through the Swiss case law on international law.

Encounters between Foreign Relations Law and International Law

“…These models of constitutional tolerance/resistance/jurisgeneration are increasingly invoked and applied outside the intra-EU context, as a general template to manage inter-systemic collisions. 111 The most famous example probably remains the Kadi saga, comprising several decisions whereby the ECJ annulled EU Regulations implementing UN Security Council resolutions imposing restrictive measures directed against persons and entities associated with Al-Qaeda, for the violation of the affected persons' procedural rights, such as the right to be heard and the requirement for an adversarial process. As a result, a source of binding international law was denied entrance and implementation into the EU legal system.…”

Democratic Participation in International Law-Making in Switzerland After the ‘Age of Treaties’

“…110 Switzerland being a monist state, treaties take effect domestically as soon as they bind the state at the international plane. 111 All treaties eligible for the mandatory or optional referendum, and other treaties 'that enact law or confer legislative powers', must be published in the compilations of federal legislation. 112…”