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International Law and (Swiss) Domestic Law-Making Processes

Type of publication Peer-reviewed
Publikationsform Original article (peer-reviewed)
Publication date 2015
Project International Law and Domestic Law-Making Processes
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Original article (peer-reviewed)

Journal Schweizerische Zeitschrift für internationales und europäisches Recht
Page(s) 501 - 505
Title of proceedings Schweizerische Zeitschrift für internationales und europäisches Recht

Abstract

As international law has proliferated over the past few decades, so too has the interest in how national legal systems implement, shape and sometimes challenge international norms. In the recent past, academics have expanded their attention beyond the traditional focus on national courts and tribunals to the processes by which international law influences, or fails to influence, domestic law-making processes. Also in Switzerland, national law-makers grapple with the decision of how much weight to attach to international legal norms in national law-making, when to enact domestic norms that are equivalent to international standards, when to defy international law or how to proactively shape the process of international norm-creation. How do international law and domestic law-making processes complement, contest or mutually influence each other and how do these interactions affect the effectiveness, legitimacy and role of international law in domestic legal orders?
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