@article{2023:diggelmann:die_v,
title = {Die „Völkerrechtsfreundlichkeit“ der Bundesverfassung: Zum Zusammenspiel von Erzeugungs- und Aufnahmeebene},
year = {2023},
note = {This article reviews the prevailing narrative in Switzerland on the
relative openness of the Swiss Federal Constitution towards
international law. Two aspects of the topic – which are interlinked
– are distinguished: entering international legal obligations on the
one hand and reception of international law by the domestic legal
order on the other. The article argues that the relationship between
the two resembles the relationship be-tween two corresponding pools of
water. Generosity in one field leads to restraint in the other. The
interplay of all relevant rules aims to find a workable balance
between the reliability of Switzerland in external relations in one
respect and domestic expectations of high democratic legitimacy of law
in another. The article states that the hurdles with respect to
entering new obligations are high. Direct democracy constitutes a very
sub-stantive obstacle. Reception of international law by the domestic
legal order, in con-trast, is relatively generous due to the
“moderate monism” of the Swiss Federal Consti-tution. This monism
is relativised to some extent, however, by the restrained Swiss
practice with respect to the “self-executing” character of norms
of international law and the rules and practice concerning collisions
of international law with domestic rules. In sum, the well-established
Swiss narrative substantively belittles the high hurdles for entering
new obligations and needs some correction.},
journal = {Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law},
pages = {647--670},
author = {Diggelmann, Oliver},
volume = {83},
number = {4}
}