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The battle over rights in Switzerland: populist arguments against international law
Maison d'édition
Lund: Nordic Academic Press
Date de parution
2019
In
Europe at the Crossroads: confronting Populist, Nationalist, and Global Challenges
De la page
259
A la page
280
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)
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)
Identifiants
Autre version
https://nordicacademicpress.se/product/europe-at-the-crossroads/
Type de publication
book part
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