Journal articles: 'Law, switzerland'

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de Daranyi, Alexander. "Software law — Switzerland." Computer Law & Security Review 13, no. 5 (September 1997): 340–43. http://dx.doi.org/10.1016/s0267-3649(97)80175-6.

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Rodriguez, Manuel. "Operation RUBICON: An Assessment With Regard to Switzerland's Duties Under the Law of Neutrality." International Journal of Legal Information 50, no. 3 (2022): 82–112. http://dx.doi.org/10.1017/jli.2022.31.

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AbstractUnder the guise of Swiss neutrality, the Swiss-based company Crypto AG for decades manufactured and supplied manipulated cipher machines to governments in over 120 States. The company was controlled by the U.S. Central Intelligence Agency (CIA) and the German Bundesnachrichtendienst (BND). The Swiss intelligence services had known about this intelligence operation since 1993 at the latest, had access to relevant information, and allowed the foreign intelligence services to continue their operation until 2018. For the permanently neutral State of Switzerland, this raises the question of how Operation RUBICON is to be assessed with regard to Switzerland's duties under the law of neutrality.This author finds that it was unlikely that Switzerland, in its complicity in Operation RUBICON, violated its duties under the law of neutrality. However, if—and this is unlikely but cannot be completely ruled out—Crypto AG exported rigged cipher machines or offered maintenance services during (or immediately before) the Kosovo War in 1999 to the Federal Republic of Yugoslavia, or during (or immediately before) the Iraq invasion in 2003 to the Republic of Iraq, Switzerland would have violated its duties under the law of neutrality. At the very least, Switzerland's complicity in Operation RUBICON plays into its image as a Western neutral and is therefore relevant in terms of Swiss neutrality policy. In any case, it is crucial for Switzerland to refrain from complying with intelligence operations such as Operation RUBICON and to preserve (guided by equidistance, international law, and Switzerland's humanitarian tradition) its permanent neutrality, even during today's challenging circumstances.

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Guillod, Olivier. "Switzerland." European Journal of Health Law 1, no. 1 (1994): 95–97. http://dx.doi.org/10.1163/157180994x00448.

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Guillod, Olivier. "Switzerland." European Journal of Health Law 2, no. 3 (1995): 271–79. http://dx.doi.org/10.1163/157180995x00456.

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Weber, Marc. "New Swiss Law on Cultural Property." International Journal of Cultural Property 13, no. 1 (February 2006): 99–113. http://dx.doi.org/10.1017/s0940739106060048.

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On June 1, 2005, the Swiss Federal Act on the International Transfer of Cultural Property (Cultural Property Transfer Act [CPTA]) and the regulations thereof became effective. The CPTA implements the minimal standards of the UNESCO Convention of 1970 on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property. The CPTA fills a gap, because Switzerland is not a member state of the Convention of June 24, 1995, on Stolen or Illegally Exported Cultural Objects (Unidroit Convention 1995). In addition, as a nonmember state of the European Union (EU) and the European Economic Community (EEC), the Council Directive 93/7/EEC of March 15, 1993, on the Return of Cultural Objects Unlawfully Removed from the Territory of a Member State is not applicable. The CPTA enforces foreign export bans in Switzerland. However, claims in Switzerland for return of foreign, illegally exported cultural property are only successful when there is an agreement on the import and return of cultural property between Switzerland and the claiming foreign state. Like Switzerland, the claiming state must be a member state of the UNESCO Convention of 1970.

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Gugler, Philippe. "Competition Law and Policy in Switzerland." OECD Journal: Competition Law and Policy 9, no. 2 (December 14, 2007): 7–92. http://dx.doi.org/10.1787/clp-v9-art6-en.

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Suk, Kwang Hyun. "Private International Law of Switzerland Revisted." Korea Private International Law Journal 26, no. 1 (June 30, 2020): 571–93. http://dx.doi.org/10.38131/kpilj.2020.06.26.1.571.

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Zurkinden, P., and B. Lauterburg. "Switzerland ∙ Annual Review in Competition Law." European Competition and Regulatory Law Review 4, no. 4 (2020): 320–23. http://dx.doi.org/10.21552/core/2020/4/12.

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Jentsch, Valentin. "Management Compensation in Switzerland: Say-on-Pay Votes, Bonus Bans, and Salary Caps." European Business Law Review 26, Issue 5 (October 1, 2015): 733–42. http://dx.doi.org/10.54648/eulr2015036.

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This article discusses two rather recent developments concerning the regulation of managerial compensation in Switzerland: the Swiss voters’ acceptance of the initiative “against abusive remunerations” on 3 March 2013 and the Swiss voters’ rejection of the so-called 1:12 initiative on 24 November 2013. Many international commentators have argued that Switzerland has imposed one of the most restrictive manager pay regimes of the world and has therefore become a much less attractive place to do business. In my article, I challenge this view by closely examining the relevant rules on say-on-pay votes, bonus bans, and salary caps. I conclude that the new Swiss rules on management compensation are not as interventionist as they are sometimes thought to be and Switzerland’s liberal economic spirit and dedication to free market economic ideals is still alive and well.

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Reichert, Douglas D., Andreas Bucher, and Pierre-Yves Tschanz. "International Arbitration in Switzerland." American Journal of Comparative Law 40, no. 2 (1992): 527. http://dx.doi.org/10.2307/840569.

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Trefilov, Aleksandr A. "The principle of justice in the criminal procedure of Austria, Liechtenstein, and Switzerland." Ugolovnaya yustitsiya, no. 20 (2023): 130–39. http://dx.doi.org/10.17223/23088451/20/21.

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The category of justice, increasingly used in various sources of criminal procedure law at the international and national levels, reflects the gradual convergence of law and morality, their harmonization. Legal proceeding cannot be fair if it does not comply with the basic categories of ethics. The philosophical basis of the principle of justice in the criminal procedure in Austria, Liechtenstein, Switzerland, and other states of continental Europe is works of 18th-century educators who studied the content of this category, its relationship with related concepts, the relationship of justice and equality of all before the law and the court - the most important modern principles of criminal procedure law. In German, the most common language in Austria, Switzerland, and Liechtenstein, there is no single concept for justice. There are such terms as die Gerechtigkeit, die Fairness, die Billigkeit. Only the last term of the three denotes justice, and it was used by developers of Austria's, Switzerland's, and Liechtenstein's criminal procedure codes. In the legal doctrine of Austria and Switzerland, justice is regarded as a principle of legal proceeding, predetermining all its other elements. Justice also determines the system of rights and obligations of the accused, the victim, and other participants. Each of them has the right to fair treatment by law enforcement agencies. The 1975 Criminal Procedure Code of Austria and the 2007 Criminal Procedure Code of Switzerland enshrine the principle of justice directly as an independent element of the criminal procedure, which reflects the high theorization of these codes, the convergence of doctrine and legislation. The Liechtenstein legislator, on the contrary, considers it unnecessary. Particular attention is paid to compliance with the principle of fairness of the verdict - the final act of justice. If the verdict, even if it corresponds to the law, is unfair, then criminal proceedings as a whole will automatically be unfair, which should entail the cancellation of such a verdict.

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Gabriel, Simon, and Roxane Schmidgall. "The revised Swiss arbitration law." Revija Kopaonicke skole prirodnog prava 4, no. 1 (2022): 75–89. http://dx.doi.org/10.5937/rkspp2201075g.

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Arbitration is a popular method for the effective and efficient resolution of commercial disputes. Switzerland, with its tradition of neutrality and cultural diversity, has become one of the leading places for arbitration worldwide. In 2021, Switzerland enacted its revised arbitration law, Chapter 12 of the Swiss Private International Law Act. e revision introduced new provisions, which make the arbitration law more accessible for foreign users. At the same time, the legislator avoided overloading the law with unnecessary provisions. e Swiss arbitration law remains concise and straightforward and will continue to serve the international arbitration community well.

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Peter, Natalie. "Introduction of a trust law in Switzerland." Trusts & Trustees 25, no. 6 (July 1, 2019): 578–86. http://dx.doi.org/10.1093/tandt/ttz043.

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Abstract On a governmental level, the introduction of a Swiss law on trusts is currently being reviewed. It is argued that an introduction would have various advantages, for example citizens would be offered an instrument that is subject to the domestic legal system being more accessible and easier to understand, and providing clarity, leading to greater transparency and legal certainty. In addition, new areas of activity would be created for Swiss professionals to advise on trusts, to set up trusts and to manage trusts and their assets. This article analyses whether the trust is a suitable instrument or whether it would be more advisable to review the existing instruments, such as the Swiss family foundation or the fiducie (Treuhand), and to amend them accordingly.

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Vagts, Detlev F. "Switzerland, International Law and World War II." American Journal of International Law 91, no. 3 (July 1997): 466–75. http://dx.doi.org/10.2307/2954183.

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The recent sudden upsurge of interest in Swiss behavior during and after World War II seems to call for a brief review of the international law issues that were relevant to that country’s decisions. Many of them, in particular the law of neutrals, have become obsolete and are obviously not understood by many commentators. Of course, to reach a judgment that the behavior of Switzerland was compatible with the rules of international law then in effect does not dispose of issues of humanity and morality. But it does contribute to explaining Swiss behavior, particularly since the Government in Bern was quite legalistic in its approach to the questions of the time.

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Peter, Natalie. "Family Foundations in Switzerland." Trusts & Trustees 26, no. 6 (July 1, 2020): 580–89. http://dx.doi.org/10.1093/tandt/ttaa049.

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Abstract At a governmental level, the introduction of a Swiss law on trusts is currently being reviewed. One of the arguments is that Switzerland does not provide for a suitable instrument to be used for estate planning or asset protection purposes. Many scholars and practitioners take the view, though, that a common law trust is not a suitable instrument and that therefore it would be more advisable to review the existing instruments, such as the Swiss family foundation or the fiducie (Treuhand), and to amend them accordingly. This article shall shed some light on the Swiss family foundation, on its use and limits and how it could be used de lege ferenda in the future if its legal limits were finally to be released.

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Bauer, Lukas, and Konrad Lachmayer. "Networks in Public Law: Notes on the 47thMeeting (2007) of German-Speaking Public Law Assistants in Berlin." German Law Journal 8, no. 11 (November 1, 2007): 1069–78. http://dx.doi.org/10.1017/s2071832200006180.

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Every year, the public law research assistants from all universities in Germany, Austria and Switzerland meet for a conference. This year's meeting of German-speaking public law assistants was the 47thmeeting of its kind. For the first time since 1983, and for the first time since German reunification, the meeting took place in Berlin. The meeting was organised by and held at both universities in Berlin – theFreie UniversitätandHumboldt Universität.About 250 Public Law assistants from Germany, Switzerland and Austria attended to discuss various aspects of the general topic: Networks.

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17

Ros, Erik. "Article: Free Movement of Persons Between the EU and Switzerland: Quo Vadis?" EC Tax Review 31, Issue 5 (September 1, 2022): 238–50. http://dx.doi.org/10.54648/ecta2022023.

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Relations between Switzerland and the European Union (EU) have been shaped by various (bilateral) agreements. This contribution discusses one of the most important agreements between Switzerland and the EU; the agreement on the free movement of persons (AFMP). The AFMP does not have its own dispute settlement mechanism or supervisory body. Dispute resolution is now left to independent Swiss courts and the Court of Justice of the European Union (ECJ). On 23 November 2018, a first draft of an institutional framework agreement between Switzerland and the EU was published. The aim of this proposed framework agreement was partly to simplify the complex relations between Switzerland and the EU. In May 2021 the Swiss government pulled the plug on the institutional framework agreement because of concerns about migration, labour rights, and worries about the judicial authority the institutional agreement would give to the ECJ. The EC is however clear about what it wants. Amongst others, the dynamic alignment of Swiss law to EU law and a functioning dispute settlement mechanism are issues the EC wants to see solved. In this article the author explores, among other things, what the consequences could be for Swiss fiscal autonomy if Switzerland would follow the EC. The author also reflects in more detail on the ECJ’s case law on frontier workers and the final settlement on capital gains from shareholdings upon emigration to Switzerland. Free movement of persons, Switzerland, taxation, bilateral agreements, Wächtler judgment.

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Wildhaber, Isabelle, and Alexandra Johnson. "Arbitrating Labor Disputes in Switzerland." Journal of International Arbitration 27, Issue 6 (December 1, 2010): 631–55. http://dx.doi.org/10.54648/joia2010035.

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Long regarded as against nature, the relationship between arbitration and labor law has generated a growing interest in recent years, with the realization that arbitration can be an effective tool for the resolution of individual employment disputes, especially for top-level managers or international athletes. The Swiss system broadly recognizes the arbitrability of individual employment disputes on an international level. On a domestic level, arbitrability of individual employment disputes is more limited following a decision of the Swiss Federal Tribunal of June 28, 2010. However, under the new Swiss Civil Code of Procedure, which will enter into force on January 1, 2011, parties to domestic arbitration agreements will be able to opt into the international regime and therefore possibly circumvent such limitation. Furthermore, the article discusses particularities related to arbitration agreements in collective employment contracts, as well as arbitration of collective labor disputes.

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Uhlmann, Felix, and Eva Scheifele. "Legislative response to Coronavirus (Switzerland)." Theory and Practice of Legislation 8, no. 1-2 (May 3, 2020): 115–30. http://dx.doi.org/10.1080/20508840.2020.1783076.

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Meyer, Dominique. "Auswirkungen der europäischen Nachhaltigkeitsregulierungen im Finanzbereich auf die Schweiz." ex/ante, no. 2/2023 (December 2023): 16–27. http://dx.doi.org/10.3256/978-3-03929-042-0_03.

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The EU is ahead of Switzerland In terms of sustainability regulation in the financial sector. This article examines the question of whether an autonomous implementation of EU law is necessary and shows the reasons why such an implementation of EU law could in fact be without alternative for Switzerland, and what democratic implications this would have.

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Sommaruga, Cornelio. "Swiss neutrality, ICRC neutrality: are they indissociable? An independence worth protecting." International Review of the Red Cross 32, no. 288 (June 1992): 264–73. http://dx.doi.org/10.1017/s0020860400070510.

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As the Swiss people ponder over their European destiny and the future of Switzerland's status of permanent neutrality, some commentators have raised the question whether the ICRC will be able to maintain complete independence — whichever way Switzerland turns — in conducting its humanitarian operations based on the fundamental principles of the Red Cross.

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Ugwu, Ikechukwu P. "An Examination of Multinational Corporations’ Accountability in the Light of Switzerland’s Failed Responsible Business Initiative in the Covid-19 Pandemic Era." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 13 (December 31, 2021): 119–55. http://dx.doi.org/10.14746/ppuam.2021.13.06.

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This article examines the efforts made so far in holding multinational corporations (MNCs) liable for human rights and environmental violations in the light of Switzerland’s failed referendum in November 2020, during the peak of the Covid-19 pandemic. It also looks at other international law instruments that have the potential to hold MNCs accountable. While these other laws have failed to achieve the desired result of holding MNCs accountable, the referendum, if it had succeeded, would have triggered a binding vote on a constitutional amendment to introduce compulsory human rights due diligence for companies incorporated in Switzerland, the first of its kind in Europe. The consequencewould have been that victims of Swiss MNCs’ violations would have had the right to bring claims in Switzerland against a defaulting Swiss MNC. Unfortunately, the referendum failed, and to some extent the Covid-19 pandemic negatively affected the referendum outcome, because it was greatly politicised. It became a lost opportunity on what would have been “one small step for [Switzerland], one giant leap for the [international community]”.

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23

Metzger, Philippe. "Business Law Guide to Switzerland: A Review Article." European Business Law Review 5, Issue 11 (November 1, 1994): 261–63. http://dx.doi.org/10.54648/eulr1994083.

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Geisinger, Elliott. "Implementing the New York Convention in Switzerland." Journal of International Arbitration 25, Issue 6 (December 1, 2008): 691–706. http://dx.doi.org/10.54648/joia2008056.

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The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards entered into force for Switzerland in 1965 and, since 1989, has been applicable to the recognition and enforcement in Switzerland of all foreign arbitral awards. After a brief description of the legislative environment in which the Convention operates, this article describes how the implementation of the Convention in Switzerland reflects the arbitration–friendly and pro–enforcement policies of Swiss international arbitration law, in particular with respect to Article V of the Convention. It will also seek to identify issues that leave room for improvement, be it in Swiss practice or for the revision of the Convention itself.

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Truog, Roman. "Switzerland: Abuse of tax treaties." Intertax 13, Issue 8 (August 1, 1985): 190–92. http://dx.doi.org/10.54648/taxi1985065.

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Sattar, Ghazala, and Martin Killias. "The Death of Offenders in Switzerland." European Journal of Criminology 2, no. 3 (July 2005): 317–40. http://dx.doi.org/10.1177/1477370805054100.

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Rihs-Middel, Margret. "Medical prescription of narcotics in Switzerland." European Journal on Criminal Policy and Research 2, no. 4 (December 1994): 69–83. http://dx.doi.org/10.1007/bf02249440.

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Killias, Martin, and Anastasiia Lukash. "Migration, not migrants, is the problem: Delinquency among migrants and non-migrants in Switzerland and ex-Yugoslavia." European Journal of Criminology 17, no. 6 (February 28, 2019): 896–917. http://dx.doi.org/10.1177/1477370819828329.

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The nexus between migration and crime has been studied over nearly a century across many countries from all continents. Research has concentrated on comparisons of migrants (or their offspring) with natives. Comparisons between migrants and comparable samples from their countries of origin have not been undertaken so far, however, because data were usually limited to the host country. The International Self-Reported Delinquency Study (ISRD-3, Enzmann et al., 2018) allows this gap to be overcome. In Switzerland, with its large immigrant minority – one student in two has roots in a foreign country – migrants of different backgrounds can be compared with native Swiss and with students who attend schools in ex-Yugoslavia where many migrants are from. We compare data on self-reported offences and victimization in the family collected through interviews with some 4000 juveniles in Switzerland and more than 6000 students of the same age in four countries of ex-Yugoslavia (Bosnia-Herzegovina, Serbia, Kosovo, Macedonia). Native-born youths in Switzerland report fewer offences than their immigrant peers, including those from ex-Yugoslavia. Although differences between students from ex-Yugoslavia and other foreign countries are relatively small, juveniles in ex-Yugoslavia report far lower offending rates than immigrants of the same age in Switzerland. Their rates are similar or lower than among native Swiss students. Further, rates of physical punishment and maltreatment are higher among immigrants than among non-migrants in Switzerland and in ex-Yugoslavia. We conclude that cultural background is unrelated to delinquency and parental punishment, but the experience of migrating goes along with violence within the family and self-reported offending. Differences exist between various family constellations, students born or with at least one parent born in Switzerland committing fewer offences and experiencing less parental violence.

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Burger, Laurence. "Swiss Bilateral Investment Treaties: A Survey." Journal of International Arbitration 27, Issue 5 (October 1, 2010): 473–503. http://dx.doi.org/10.54648/joia2010027.

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This article focuses on Bilateral Investment Treaties (BITs) entered into between Switzerland and foreign countries, and introduces the key provisions contained in BITs, with concrete examples arising out of Swiss BITs. Switzerland has entered into more than one hundred BITs, and, as such, is one of the countries with the most BITs in force.

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Keller, Helen, and Anja Dillena. "EMRK-Freundlichkeit der Bundesverfassung kritisch beleuchtet." Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 83, no. 4 (2023): 847–68. http://dx.doi.org/10.17104/0044-2348-2023-4-847.

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Switzerland is generally considered to be ECHR-friendly. The Convention does play an important role concerning constitutional review in the context of fundamental rights protection. However, challenges to Switzerland’s European Convention on Human Rights (ECHR)-friendliness regularly arise in the form of popular initiatives that are problematic from a human rights perspective. The Swiss Federal Supreme Court (FSC) is generally cautious and reserved when resolving conflicts between domestic law and the ECHR, although approaches vary between the FSC’s different sections. Differences can also be found in the application of the principle that certain kinds of claims will only be examined if the applicants have properly invoked and substantiated them, as per Art. 106(2) of the Law on the Federal Tribunal.

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van Wijnkoop, Jürg. "Prosecution of suspected war criminals in Switzerland." International Review of the Red Cross 36, no. 313 (August 1996): 496–99. http://dx.doi.org/10.1017/s0020860400084928.

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Legal basesBy ratifying the Geneva Conventions of 1949, Switzerland undertook to supplement its national legislation accordingly. Its subsequent revision of the Swiss military penal code in 1950, though certainly prompt, was half-hearted. It was not until 1 March 1968, when a broader revision came into force, that national legislation was fully adapted to meet the requirements laid down in those Conventions:— the scope of application of Swiss criminal law was extended to cover all armed conflicts within the meaning of international conventions;— civilians who commit offences against international law in the event of armed conflict were explicitly made liable to military jurisdiction; it is thereby clearly established that Switzerland, or more specifically the military justice authorities, must prosecute violations of international humanitarian law even if the offence is committed outside Switzerland by nationals (civilians or members of the armed forces) of another country.

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Ricciardi, Toni. "L’enfance dans la clandestinité : les enfants du placard. Entretien réalisé par Éléonore Cicchini." Didactica Historica 10, no. 1 (2024): 43–49. http://dx.doi.org/10.33055/didacticahistorica.2024.010.01.43.

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Introduced in 1931 with the law on the residence and establishment of foreigners in Switzerland, seasonal status, also known as « Foreigner’s passbook » or « Permit A », allowed foreign workers to take up an employment in Switzerland for 9 months a year. As family reunification was not allowed, thousands of children lived with their parents in hiding. Seasonal worker status was abolished in 2002 with the entry into force of the European Free Circulation Law. Interview with historian Toni Ricciardi.

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Guillod, Olivier. "Recent Developments in Swiss Health Law." European Journal of Health Law 13, no. 2 (2006): 123–31. http://dx.doi.org/10.1163/157180906777831127.

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AbstractThis article highlights recent developments in health law in Switzerland. It covers statutory developments in health care insurance, sterilisation and genetic testing, and cases, one dealing with the reimbursement of medicines and another one on the limitation of the number of physicians reimbursed by the compulsory scheme of health insurance.

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Schmid, Evelyne. "Völkerrechtskonforme Auslegung aus schweizerischer Sicht: Ein Randphänomen?" Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 83, no. 4 (2023): 783–804. http://dx.doi.org/10.17104/0044-2348-2023-4-783.

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This article discusses the scope and limits of consistent interpretation in Switzerland and discusses the extent to which construing national law in conformity with public international law is indicative of the ‘friendliness towards international law’ of a constitution. I argue, first, that consistent interpretation in Switzerland has certainly served the cause of friendliness towards international law, but that three conditions must be met before it can come into play. Second, the article concludes that consistent interpretation is, nevertheless, of limited use in ‘measuring’ the international law friendliness of the Swiss legal system because consistent interpretation does not come into play in numerous constellations and narrows the view to a modest number of court cases. In relation to the sum of challenges related to the implementation of international law domestically, consistent interpretation is a marginal phenomenon.

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Ritz, Philipp. "Privacy and Confidentiality Obligation on Parties in Arbitration under Swiss Law." Journal of International Arbitration 27, Issue 3 (June 1, 2010): 221–45. http://dx.doi.org/10.54648/joia2010013.

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While the privacy of arbitration proceedings is generally accepted, confidentiality is still a hotly discussed topic. After giving an overview of the legal situation on confidentiality in various jurisdictions, this article identifies the legal basis of the privacy principle under Swiss law. Thereafter, it is examined whether the parties to arbitrations in Switzerland are bound to a confidentiality obligation. This article also addresses which law applies to the questions of privacy and confidentiality in arbitrations held in Switzerland, and whether arbitral tribunals or state courts are competent to decide on the existence of a confidentiality obligation.

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Faeh, Andrea. "Environmental Liability in Switzerland- Selected Aspects." Journal for European Environmental & Planning Law 4, no. 3 (2007): 227–32. http://dx.doi.org/10.1163/187601007x00235.

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AbstractThe Swiss environmental liability system is based on several provisions in a range of public and civil law statutes. This contribution focuses on the Swiss Environmental Protection Act (EPA) and its central liability provisions. Furthermore, these findings will be compared to other Swiss liability provisions which may also be applicable to environmental damage, followed by a brief discussion on the postponed proposal of a uniform liability system. After an overview of the relevant international agreements, the article will close with a comparison between the Swiss regime and the Directive 2004/35/EC.

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Lee, Hae Sung. "Switzerland’s referendum on «Lex Netflix» and its implications of the regulatory framework for OTT(Over-the-top) service providers." Wonkwang University Legal Research Institute 38, no. 2 (June 30, 2022): 151–65. http://dx.doi.org/10.22397/wlri.2022.38.2.151.

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Switzerland guarantees a system that allows its people to express and validate their opinion on relevant laws through the submission of a referendum when deemed necessary. In 2021, both chambers (the National Council and the Council of States) imposed an obligation for streaming platforms to invest in local Swiss cinema. With this new law, not only video streaming service providers based in Switzerland but also those abroad would have to re-invest 4% of their gross revenues generated in Switzerland in Swiss independent film creation. In addition, the law introduced a quota system requiring at least 30% of the offered catalogue to be made up of European cinema productions. In May 2022, a referendum against this draft bill was initiated by the referendum committee due to consumer opposition As a result, more than half of the amendment voted in favour of the amendment, and the revised film law will come into force in 2024. In the recommendation, the referendum committee expresses its opinion against the law and stipulates whether it originally was the logic of regulatory approval by the regulators and against regulations imposed by consumers. As a result, consumers’ benefits and welfare, which remained up to now unclear, can be verified through actual cases, and the regulatory differences for the same service provider in Switzerland and in Korea can be highlighted. We examine the implications of such platform regulations by looking at Switzerland, which regulates the obligation to reinvest in the local film industry to protect cultural diversity and content comptetitiveness, and Korea, which requires the obligation to stabilize services for network quality.

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Sansonetti, Riccardo. "Switzerland: Measures under Swiss Law to Combat Money Laundering." Journal of Financial Crime 3, no. 4 (February 1996): 389–99. http://dx.doi.org/10.1108/eb025744.

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Cohen, J. "A law to regulate in-vitro fertilization in Switzerland." Human Reproduction 1, no. 6 (September 1986): 420. http://dx.doi.org/10.1093/oxfordjournals.humrep.a136442.

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Wallerman, Anna. "Harmonization of Civil Procedure: Can the European Union Learn from Swiss Experiences?" European Review of Private Law 24, Issue 5 (October 1, 2016): 855–76. http://dx.doi.org/10.54648/erpl2016048.

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Until 2011, civil justice in both Switzerland and the European Union (EU) was decentralized. In 2011, after 150 years of debate, Switzerland finally took the step to unification by the entry into force of its first federal Zivilprozessordnung, whereas in the EU it is still debated if, how and to what extent civil procedure could be subject to harmonization. This article analyses the debate leading up to harmonization of civil procedure in Switzerland, comparing the arguments to those brought forward in the EU debate, and examines the legislative strategy employed by the Swiss legislature. It shows that the Swiss harmonization was brought about by practically oriented arguments, and that this pragmatism also characterized the legislative drafting process. It is argued that a similar development is conceivable within the EU, but that the price may be a general decrease in the level and quality of civil justice.

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Bieri, Sandra de Vito. "The application of EU law by arbitral tribunals seated in Switzerland." ASA Bulletin 35, Issue 1 (March 1, 2017): 55–66. http://dx.doi.org/10.54648/asab2017005.

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Arbitral tribunals with seat in Switzerland are required to apply EU law under various conditions: It seems fairly clear that the arbitral tribunal needs to apply EU law, if the parties have chosen the law of an EU member state as lex causae, as EU law forms in this case part of the chosen law. The same applies when the parties have forgone to make a choice of law and the closest connection test results in the application of the law of an EU member state. In case the parties have chosen a third state’s law as lex causae, the arbitral tribunal needs to consider EU law, if a party invokes its application. Last, the arbitral tribunal may in some instances apply EU law ex officio, even if none of the parties have invoked the application of EU law. Although the arbitral tribunal may be required to apply EU law, the failure to apply or the wrong application of EU law does not necessarily result in setting aside of the award by the Swiss Federal Supreme Court. The failure to apply or the wrong application of EU law does not violate public policy. Hence, a challenge of the arbitral award based on art. 190 (2) e PILA will be unsuccessful. This holds also true if the arbitral tribunal decides not to apply EU competition law, as the Swiss Federal Supreme Court does not consider EU competition law part of public policy. The failure to apply EU law by the arbitral tribunal will only then result in a successful challenge of the arbitral award based on art. 190 (2) b PILA, if the arbitral tribunal found that EU law would be applicable to the dispute but denies its jurisdiction to decide the EU law issue.

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Guex, Sébastien. "The Origins of the Swiss Banking Secrecy Law and Its Repercussions for Swiss Federal Policy." Business History Review 74, no. 2 (2000): 237–66. http://dx.doi.org/10.2307/3116693.

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For all its notoriety and controversial character, the history of Swiss banking secrecy remains largely unexplored. This article traces the crucial phases of its development. It reveals that the maintenance and reinforcement of banking secrecy represented a major objective of Swiss authorities throughout the twentieth century, and exerted a substantial influence on Swiss domestic and foreign policy. It demonstrates that, contrary to popular opinion, the institution of Swiss banking secrecy did not arise from a desire to protect the funds deposited in Switzerland by Jewish victims of Nazi persecution but rather had substantially different origins. Moreover, this article shows that Swiss banking secrecy gave rise to tensions between Switzerland and the Great Powers, especially during and after World War II, when it poisoned relations between Switzerland and the United States.

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Rinaldi de Barcellos, Nicole. "N. C. RODRIGUES (Editor). Extraterritoriality of EU Economic Law: The Application of EU Economic Law Outside the Territory of the EU." CUADERNOS DE DERECHO TRANSNACIONAL 14, no. 2 (October 6, 2022): 1378–80. http://dx.doi.org/10.20318/cdt.2022.7261.

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Este artículo reseña: N. C. Rodrigues (Editor). Extraterritoriality of EU Economic Law: The Application of EU Economic Law Outside the Territory of the EU. Cham, Switzerland, Springer, 2021, 385 pp. ISBN 978-3-030-82290-3

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Ким, Ольга. "International arbitration in switzerland: recent developments." Перспективы развития международного коммерческого арбитража в Узбекистане 1, no. 1 (September 21, 2022): 36–37. http://dx.doi.org/10.47689/978-9943-7818-6-3/iss1-pp36-37.

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Today, I am delighted to share my observations and insights on these changes with you. The 2021 has been a turning point for the Swiss arbitration community because of two major developments: the revised Swiss arbitration law entered into force in January 2021 and the revised Swiss Rules of arbitration entered into force in June 2021

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Oesterhelt, Stefan, and Reto Heuberger. "Collective Investment Vehicles in International Tax Law: The Swiss Perspective." Intertax 38, Issue 1 (January 1, 2010): 31–37. http://dx.doi.org/10.54648/taxi2010003.

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With the Collective Investment Act Switzerland has introduced new types of investment funds, that is, the Société d’investissement à capital variable (SICAV), the limited partnership for collective investments (PSCI) and the Société d’investissement à capital fixe (SICAF). The Swiss Federal Tax Administration has introduced the tax regulations for a taxation of the funds and their investors at the beginning of the year. This article covers first the amended principles of taxation of funds in Switzerland and the existing uncertainties. It focuses on the international aspects like the entitlement of the funds for treaty benefits, the reimbursement by foreign investors of the Swiss withholding tax levied on distributions by the funds and the qualification of foreign funds for Swiss tax purposes.

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Legler, Thomas. "Sind in Zukunft Patentstreitigkeiten in der Schweiz de lege lata nicht mehr schiedsfähig?" ASA Bulletin 28, Issue 2 (June 1, 2010): 253–62. http://dx.doi.org/10.54648/asab2010024.

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In March 2009, Swiss Parliament passed a new law establishing a Federal Patent Court. This new Court is expected to start operating in 2011, simultaneously with the coming into effect of the new unified Swiss Civil Procedure Law. The Federal Patent Court will serve as the court of first instance in patent matters (infringement and validity claims) for the whole territory of Switzerland thereby replacing to an essential extent the Cantonal courts which were so far competent in patent matters. Surprisingly, the Swiss legislator has not specifically addressed the Federal Patent Court’s jurisdiction in relation to arbitral tribunals sitting in Switzerland. However, the new law speaks of the Court’s “exclusive jurisdiction” in patent matters. The issue therefore arises as to whether, in the future, patent claims could still be decided by arbitral tribunals seated in Switzerland. Switzerland has always been considered as being one of the most liberal countries in the world with regard to the arbitrability of intellectual property claims. Already in 1975, the Swiss Office for Intellectual Property confirmed this approach in a published legal opinion referring to domestic arbitration. This opinion is still valid and can also be extended to international arbitration. What matters is whether an intellectual property claim can be subject to arbitration in accordance with Art. 177 para. 1 of the Private International Law Act (PIL) (i.e. any claim presenting a financial interest). This is usually the case, with some exceptions such as copyright matters relating to moral rights. Accordingly, in the author’s view, the terms “exclusive jurisdiction” used in the new law, only refer to the position of the Federal Patent Court within the (state) judicial system. Absent any specific statement in the new law or related materials, these terms do not refer to the new Court’s jurisdiction in relation and compared to arbitration. A different interpretation would in addition lead to the strange result that patent disputes would fall under a different jurisdiction than trademark and design disputes. Hence, the position remains in Switzerland that all aspects of intellectual property rights, including patents, continue to be arbitrable to the extent that the claims fall under the ambit of Article 177 PIL.

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Orakhelashvili, Alexander. "Al-Dulimi v. Switzerland." American Journal of International Law 110, no. 4 (October 2016): 767–74. http://dx.doi.org/10.1017/s0002930000763226.

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Matyja, Mirosław. "Determinant factors of multiculturalism in Switzerland." Review of Nationalities 8, no. 1 (December 1, 2018): 83–102. http://dx.doi.org/10.2478/pn-2018-0005.

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Abstract Switzerland consists of different regions, cultures and languages. The minorities in Switzerland are in the first place ethno-linguistic minorities, whose are unified by a common language. Therefore, since the foundation of the Confederation in 1848 the Helvetic state has been considered a multilingual country. The confederation and cantons are obliged to protect linguistic minorities. The grounds of the Swiss social structure, with traditional multiculturalism and four national languages are two principles: language freedom (Sprachenfreiheit) and territoriality (Territorialitätsprinzip). Switzerland has no official state religion. Predominant religion is Christianity, the largest religious minorities is established by Islam. The largest Christian denominations are Catholic Church (37.7%) and Swiss Reformed Church (25.5%). The influx of new cultural minorities to Switzerland began aXer the Second World War and was directly connected with economic migration, with the large influx of gastarbeiters from southern European countries and refugees from the Third World and from the former Yugoslavia. International law includes the protection of national, yet not cultural minorities. In Switzerland the protection of national minorities is also based on international standards. The necessity for systematic integration policy in Switzerland appeared in the nineties of the twentieth century, after removing the anti-immigration tendencies and hostile attitude towards foreigners. There is a conflict of interest between democracy and state under the rule of law, and between majoritarian democratic politics and liberal principles. The conflict can be controlled; however it can not be resolved. The principle of the Swiss “unity in multiplicity” is best reflected in the multiculturalism and multilingualism of Switzerland, but also a relatively high percentage of the foreigners.

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Kużelewska, Elżbieta. "Language Policy in Switzerland." Studies in Logic, Grammar and Rhetoric 45, no. 1 (June 1, 2016): 125–40. http://dx.doi.org/10.1515/slgr-2016-0020.

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Abstract Switzerland is often referred to as a success story for handling its linguistic and cultural diversity. Traditionally four languages have been spoken in relatively homogeneous territories: German, French, Italian and Rhaeto- Romanic (Romansh). The first three have been national languages since the foundation of the Confederation in 1848; the fourth became a national language in 1938. In effect, The Law on Languages, in effect since 2010, has regulated the use and promotion of languages and enhanced the status of Romansh as one of the official languages since 2010. While Swiss language policy is determined at the federal level, it is in the actual practice a matter for cantonal implementation. Article 70 of the Swiss Federal Constitution, titled “Languages”, enshrines the principle of multilingualism. A recent project to create legislation to implement multilingualism across the cantons, however, has failed. Thus Switzerland remains de jure quadrilingual, but de facto bilingual at best, with only a handful of cantons recognizing more than one official language (Newman, 2006: 2). Cantonal borders are not based on language: the French-German language border runs across cantons during most of its course from north to south, and such is also the case for Italian.

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Garnett, Holly Ann. "Early Voting: Comparing Canada, Finland, Germany, and Switzerland." Election Law Journal: Rules, Politics, and Policy 18, no. 2 (June 2019): 116–31. http://dx.doi.org/10.1089/elj.2018.0489.

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Journal articles on the topic 'Law, switzerland'

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