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D'Amato, Gianni
Nom
D'Amato, Gianni
Affiliation principale
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Professeur ordinaire
Email
Gianni.Damato@unine.ch
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Voici les éléments 1 - 10 sur 26
- PublicationRestriction temporaire
- PublicationRestriction temporaireThe battle over rights in Switzerland: populist arguments against international lawIf 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)
- PublicationAccès libreToday’s Migration-Mobility Nexus in SwitzerlandThis chapter provides a general overview of the Migration-Mobility Nexus in Switzerland. Today’s patterns of migration move on a continuum from long-term and permanent to increasingly temporary and fluid. Based on data from the Migration-Mobility Survey and on theoretical and political considerations, it aims at providing a general empirical overview of the migration flows towards Switzerland. First and on a theoretical level, the two paradigmatic lenses of migration research and mobility studies are presented. Second, the transformation of European migration regimes since the 1970s and its effect on the patterns of migration and mobility are discussed. Third, we show how Switzerland, being part of the European Migration Regime in transformation, can be used as a laboratory to understand the changes in and of an advanced post-industrial society. To this end, we provide a short empirical overview of the immigrant population and their living conditions in the country. Fourth, the chapter provides a set of analytical questions that will be addressed throughout this volume – by means of the Migration-Mobility Survey data – and discussed in the concluding chapter.
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