Völkerrechtsfreundlichkeit im schweizerischen Recht: Das Beispiel der unmittelbaren Anwendbarkeit von Völkerrecht

Abstract

Based on the Swiss reading of the concept of Völkerrechtsfreundlichkeit (friendliness towards international law), this article examines Swiss legal practice with regard to the direct applicability of international law and concludes that it can be described as friendly to international law. To this end, it clarifies the meaning of the concept of Völkerrechtsfreundlichkeit in Swiss legal discourse and discusses two fundamental aspects of the topic: the applicable legal regime and the Swiss separation of powers. The analysis focuses on the jurisprudence of the Federal Supreme Court of Switzerland on the direct applicability of treaty law, international customary law and general principles of law. Finally, with the use of soft law to determine the direct applicability of international law, the articles discusses a promising option for Swiss legal practice that is also friendly to international law.