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Introduction to Swiss Law by François Dessemontet,Tuğrul Ansay Pdf
"This handy volume offers practitioners and students an introduction to the law of Switzerland. Encompassing all the major fields of legal practice. Introduction to Swiss Law provides an essential understanding of the Swiss legal system with special emphasis on some contemporary issues, so that users can become familiar with the legal institutions and pursue further research on specific Swiss legal matters".
Introduction to Swiss Law by Andreas Thier,Christoph B. Graber,Elisabetta Fiochi,Felix Uhlmann,Madeleine Simonek,Matthias Mahlmann,Matthias Oesch,David Roth,Alexander Kern,Ruth Arnet,Peter Georg Picht,Sophie Katharina Matjaz,Tina Huber-Purtschert,Goran Studen,Luisa Lichtenberger,Martina Becker,Giulia Rossi,Caroline Kopp Pdf
What are the origins of direct democracy in Switzerland? How does the Swiss judiciary function? What are the principles of Swiss civil, contract and administrative law? What is the role of public service broadcasting in the political decision-making process? What are the leading cases in tax law? What forms of euthanasia are legal in Switzerland? In this introduction 19 legal scholars of the University of Zurich Law Faculty try to answer these questions and give the reader an overview of Swiss public, private, and criminal law. As the first comprehensive introduction to Swiss law in English, it is addressed to both lawyers from abroad and incoming students to the University of Zurich.
Introduction to Swiss Constitutional Law by Patricia Egli Pdf
"The Federal Constitution of the Swiss Confederation of 18 April 1999 represents the legal foundation of the state and as such contains a blue print for all state activities as well as the rights of the individual in relation to the state. This book offers an accurate and reasonably detailed introduction to Swiss constitutional law and its interrelations with public international law. The book first discusses definitions and functions of a constitution in general. It then examines the historical development, sources and interpretation of the Swiss Federal Constitution of 1999. In addition, the major constitutional principles underlying the Swiss legal system are analyzed such as the principle of the Rechtstaat, federalism, democracy and social justice. Furthermore, the book explains how the federal state is constituted and describes the federal organs, their powers and functions as well as the relationship between them. The book also places a special emphasis on the fundamental rights guaranteed by the Swiss Federal Constitution of 1999 and the protection of these rights by the Federal Supreme Court and the European Court of Human Rights. Presenting a succinct account of Swiss constitutional law, this book will be the ideal introduction for the interested English-speaking student. In addition, anybody interested in the foundation of the Swiss legal system will find the book a useful point of entry to this fascinating field of study"--Unedited summary from book cover.
Private International Law by Pascal Grolimund,Anton K. Schnyder,Nicolas Mosimann Pdf
The export industry is of great importance to Switzerland. The country has a long-standing tradition of international transactions and business relations. Against this background, private international law plays a major role in Switzerland. Although private international law applies within an international context, it is predominantly national (civil) law. This book provides a practical introduction to Swiss private international law and an overview of the relevant rules governing the international jurisdiction, the applicable law, and the recognition and enforcement of foreign judgements in Switzerland. (Series: Swiss Law in a Nutshell)
Swiss Constitutional Law by Thomas Fleiner,Alexander Misic,Nicole Töpperwien Pdf
Switzerland is not only one of the oldest democracies in the world, but also an enduring model of peaceful multiethnic policy, characterized by a Constitution that is constant flux. The new Federal Constitution of the Swiss Confederation took effect on January 1, 2000; and it is with the intention of staying abreast of the constitutional changes and of the case law of the Federal Court that the authors have prepared the current volume. A general introduction of the constitutional history and the foundations of the Swiss political system are followed by the following issues: Sources of Swiss Constitutional Law; Organisational Design of the Swiss Confederation; Federalism in General and the Position of the Cantons and the Municipalities in the Swiss Confederation; Citizenship, Fundamental Rights and Liberties and their Judicial Protection, Protection of Minorities, Judicial Control of Administrative Action; Treaty and Foreign Affairs Powers, Taxing and Spending Powers, the Relationship between the State and the Church. Thomas Fleiner is Professor of constitutional and administrative law and Director of the Institute for Federalism at the University of Fribourg, Switzerland; Alexander Misic, lic.iur., LL.M.; Nicole Toepperwien, Dr. iur., LL.M.
Swiss Public Administration by Andreas Ladner,Nils Soguel,Yves Emery,Sophie Weerts,Stéphane Nahrath Pdf
Swiss citizens approve of their government and the way democracy is practiced; they trust the authorities and are satisfied with the range of services Swiss governments provide. This is quite unusual when compared to other countries. This open access book provides insight into the organization and the functioning of the Swiss state. It claims that, beyond politics, institutions and public administration, there are other factors which make a country successful. The authors argue that Switzerland is an interesting case, from a theoretical, scientific and a more practice-oriented perspective. While confronted with the same challenges as other countries, Switzerland offers different solutions, some of which work astonishingly well.
Swiss Rules of International Arbitration - Second Edition by Tobias Zuberbühler,,Christoph Müller,Philipp Habegger Pdf
***NO SALES RIGHTS IN SWITZERLAND*** This second edition of the first comprehensive commentary on the Swiss Rules of International Arbitration covers the new version of these rules which entered into force on 1 June 2012. It is a practical guide for arbitrators, counsel, state courts and persons involved in the conduct and administration of arbitral proceedings under the Swiss Rules. This commentary presents the new version of the Swiss Rules from a double perspective. On the one hand, it emphasizes the relationship between these Rules and the Swiss legal regime governing international arbitration, namely the provisions of chapter 12 of the Swiss Private International Law Statute. On the other hand, it puts these Rules in an international perspective by comparing them with the corresponding provisions of the other major institutional rules (ICC, LCIA, SCC, DIS, VIAC, SIAC, HKIAC, CIETAC, AAA/ ICDR, WIPO and ICSID) and with the provisions of the former edition of the rules. Finally, it highlights the main differences between the Swiss Rules and the UNCITRAL Arbitration Rules which were revised in 2010. This book is written by arbitration practitioners based in Switzerland who work with established law firms, widely experienced in international commercial arbitration. It is the work of a refreshing new generation of Swiss arbitration specialists. Two of the editors were members of the working group for the revision of the Swiss Rules and thus bring special insight into the book about the revision process.
Swiss Legal History by René Pahud De Mortanges Pdf
As the first legal history of Switzerland in English, this seminal work presents the legal development in the territory of today's Switzerland. Until 1798, the Swiss Confederation consisted of a conglomerate of around 50 local authorities with different constitutional statuses. The number of legislative jurisdictions was even greater; each territory, however small, had its own legal system before 1798. In the 19th century, legal unity was initially created within the framework of cantonal law and, since 1848, at the national level. Key developments of the 20th century were equality between men and women, social legislation and the influence of technological development. The focus of the book is on constitutional history, legal sources and legislation, court proceedings and jurisprudence. It also presents the political, economic and social backgrounds of legal developments
Swiss Civil Procedure Code (CPC) by Lucien William Valloni,Daniel Bloch (LL.M.) Pdf
The Swiss Civil Procedure Code enters into force in January 2011. For the first time in Swiss legal history, the new Code brings about a unification of civil procedure throughout Switzerland by replacing the 26 different civil procedure laws of the Cantons. The new Code will henceforth apply to all civil proceedings for domestic and international disputes, as well as to domestic arbitration. This book - mainly intended for the use by foreign lawyers - includes an overview of the main features of the new law, allowing the reader to get conveniently acquainted with the Swiss civil procedure law in general. The book's main part consists of a word-by-word English translation of the official text of the Code, including a detailed Table of Contents for quick and easy reference to the Code's system and its 408 articles. The authors have prepared the translation on the basis of the official French and German versions of the Code, thereby staying as close as possible to the original texts. The English translation reflects the status of the law as it will enter into force in 2011 and the amendments resulting from the Federal Act on the Ratification and Implementation of the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters.
Multiple Contracts and Coordination in International Construction Projects by Jürg Künzle Pdf
International Arbitration Law Library, Volume Number 57 Collaboration between multiple parties from different countries is one of the main challenges of almost every international undertaking, and this is especially true in the case of large and complex construction projects, such as airport terminals, interchange subway stations, distribution centers, industrial processing and manufacturing facilities or hydropower plants. This comprehensive analysis of key legal issues arising from interdependencies between multiple contracts methodically lays out, from a Swiss law perspective, the way in which coordination of works in construction projects could or should occur. It also examines the legal consequences of coordination failure and various related aspects of dispute resolution. Topics covered include the following: interfaces and interdependencies across the system boundaries of multiple contracts coordination responsibilities derived from the principle of good faith and from a contextual interpretation of interdependence-related FIDIC Red Book provisions; delegation scenarios; liability for breach of contract and legal remedies in case of delay, disruption, defects, destruction and performance impossibility; direct claims against third parties; taking of evidence under substantively intertwined contracts; and coordination of interrelated arbitration proceedings. The detailed analysis draws on numerous specific real-life examples as well as illustrative Swiss and Unites States case law. An appendix offers very useful practice pointers. Although considering Swiss law, which is a frequent choice for the law governing international construction contracts, the analysis deals with an array of conceptual aspects of multiple contracts and coordination, thereby addressing a great number of issues beyond the limits of national law. With its practical examples, the book is sure to be welcomed by those seeking to avoid or resolve disputes to which project coordination may give rise. It will prove of particular value to practitioners negotiating international construction contracts, arbitrators, in-house counsel representing owners and contractors involved in international construction projects, members of dispute review boards and project managers.
Switzerland in International Tax Law by Xavier Oberson,Howard R. Hull Pdf
"Switzerland has recently witnessed an unprecedented level of tax treaty negotiations. Although this is a direct result of Switzerland's revised position regarding exchange of information, a number of contracting states have taken this opportunity to modify tax treaty benefits and/or clarify certain aspects of tax treaty interpretation and application. These are considered extensively in this edition. As Switzerland has steadily aligned itself with international principles of international taxation, the self-imposed anti-abuse rules for the application of tax treaties have become less relevant. Nevertheless, Swiss courts have become more creative in determining where there is and where there is not treaty abuse. As a result, the 1962 Abuse Decree is making way for a more complex basket of anti-abuse rules and regulations"--Foreword (page vii).
