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The battle over rights in Switzerland: populist arguments against international law
Résumé If there is a genuine conflict of laws between federal and inter national
law, Switzerland’s obligation under international law takes precedence;
this applies even to agreements that do not concern human
rights or fundamental freedoms. The precedence set out above also
applies in relation to subsequent federal laws, i.e. those which have
entered into force in accordance with international law; the lex posterior
rule does not apply in the relationship between international
law and national law. Switzerland cannot invoke its domestic law to
justify the non-fulfilment of a treaty. Accordingly, federal legislation
contrary to international law remains regularly inapplicable. (Federal
Court Ruling BGE (2012) 139 I 16, p. 28)
   
Mots-clés
   
Citation D'Amato, G. (2019). The battle over rights in Switzerland: populist arguments against international law. In Europe at the Crossroads: confronting Populist, Nationalist, and Global Challenges. (pp. 259-280). Lund: Nordic Academic Press.
   
Type Chapitre de livre (Anglais)
Année 2019
Titre du livre Europe at the Crossroads: confronting Populist, Nationalist, and Global Challenges
Editeur commercial Nordic Academic Press (Lund)
Pages 259-280
URL https://nordicacademicpress.se/product/europe-at-the-cros...