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International Law
Swiss Law and Legal Culture and the Process of Internationalization before and after World War II
Introduction
Texts
A. Contributions to the foundations of public international law
B. Treaty law and general principles: protecting legitimate expectations
C. Towards constitutionalization
D. Contributions of the courts
E. Humanitarian law and human rights
F. Neutrality and conflict
G. Recent developments in economic and environmental law
H. Institutional landscape
I. Teaching and Practising International Law in Switzerland: Evolution and Portraits
Bibliographical references
Biographies of Authors
Globalization
Swiss Law and Legal Culture and the Process of Globalization – From World War II to the Present
Introduction
Texts
A. A cultural exchange and encounter – «Travels» and «impacts» of Swiss legal culture on the legal process of globalization
B. A cultural exchange and encounter – «travels» and «impacts» of the legal process of globalization on Swiss legal culture
a) General impacts and challenges in legal practice, legal education and legal research
b) Impacts on Swiss governmental structures by the constitutionalisation of international law
c) Impacts on Swiss legal science
d) Impacts on Swiss legal practice and legal professions
e) Impacts on legislation
f) Globalisation and the law of information
Bibliographical references
Biographies of Authors
Europeanization
Swiss Law and Legal Culture and the Process of Europeanization before and after World War II
Introduction
Texts
A. A cultural exchange and encounter – «Travels» and «impacts» of Swiss legal culture in Europe
a) Impacts and radiation on projects of Europe and European integration
b) The impacts and radiation on projects of the European Community and European Union
B. A cultural exchange and encounter – «Travels» and «impacts» of European law and integration on Swiss legal culture
a) Impacts on Swiss foreign policy on European Integration and the European Union – selective history of European Policy of Switzerland-examples
b) Impacts on Swiss law in general – and based upon the principle of Euro-compatibility by the legal process of «autonomer Nachvollzug» (autonomous adaption) in particular
c) Impacts on Swiss judges and Swiss courts
d) Impacts on Swiss legalisation
e) Impacts on Swiss legal professions
f) Impacts on the institutional changes requested by the European Union as a precondition for negotiations of further Bilateral Agreements
g) Impacts from the perspective of neighbouring humanities and social sciences: literature – history – political science – political economy
Bibliographical references
Biographies of Authors
Americanization
Swiss Law and Legal Culture and the Process of Americanization before and after World War II
Introduction
Texts
A. A cultural exchange and encounter – «travels» and «impacts» of Swiss legal culture on the legal culture of the United States
a) Impacts and radiation from the American Revolution to the founding of modern Switzerland in 1848 on the legal culture of the United States
b) Impacts and radiation before and after the Civil War on the legal culture of the United States
c) Impacts and radiation before and after the turn of the 20th century on the legal culture of the United States
d) Observations and perception of Swiss law and legal culture by non-Swiss authors
e) Observations and perception of Swiss law and legal culture by non Swiss-authors
B. A cultural exchange and encounter – «travels» and «impacts» of US legal culture on the legal culture of Switzerland
a) Impacts and radiation from the American States Constitution to the Civil War on the legal culture of Switzerland
b) Impacts and radiation from the Civil War to the turn of the 20th century on the legal culture of Switzerland
c) Impacts and radiation on Swiss law and legal culture after World War II
d) Impacts on Swiss business law
e) Impacts on Swiss legislation
f) Impacts on Swiss courts
g) Impacts on Swiss legal science
h) Impacts on Swiss legal professions
i) Neutrality, Morality and the Holocaust – «case» study
j) Impacts on Swiss law in conflicts of jurisdictions with the United States – case study – the UBS case as an example
k) Impacts on Swiss legal language
l) Impacts of US law and legal culture on foreign legal cultures from the perspective and perception of US lawyers and law professors
Bibliographical references
Biographies of Authors
Swiss Law and Economics
«Wirtschaftsrecht» in Switzerland (Law and Economics)
Introduction
Texts
A. Wirtschaftsrecht and its Methodology
B. Law & Economics
C. Corporate Governance
D. Group of Companies
E. The State as Economic Regulator
Biographies of Authors
Information Law
Information Law in Swiss Legal Culture
Foreword
Introduction
Texts
1 History of Information Law and of Law and Informatics
1.1 Informatics
1.2 Law and Informatics
1.3 Information Law
2 Theory of Information Law
2.1 Theoretical Foundations
2.2 Practical Concretization
3 Spillover Effects of Information Law on “Related” Areas
3.1 Data Protection/Right to Informational Self-Determination
3.2 Contract Law and Liability Law
3.3 Competition Law and Intellectual Property Law
3.4 E-Government
4 Development and Characteristics of Internet Law
4.1 Internet and World Wide Web
4.2 Internet Governance in Switzerland
4.3 Characteristics of Internet Law
4.4 Legal Framework for the Internet
Bibliographical references
Biographies of Authors
Philosophy of Law
Legal Philosophy and General Jurisprudence
General Introduction
Texts
Elementary Pre-History of Modern Swiss Legal Thought – Reconciliation of Concurring Jurisdictions and Combination of Scientific Disciplines or Methods
First Section: Swiss Legal Culture as a Melting Pot of Modern Philosophical Influences
Second Section: Legal Methodology and Scientific Character of Jurisprudence
Third Section: Legal Structures as an Integrative Part of Cultural Phenomenons, leading to an Interdisciplinary Approach as Part of the Theory of Science
Fourth Section: Legal History and the Historicity of Law Within the Swiss Legal Context
Fifth Section: Insights into the Philosophical Dimensions of Rule of Law and Constitutionalism
Sixth Section: Swiss Theories of (Direct or Semi-Direct) Democracy and Political Thought – Participation, Representation in a Strong Civil Society
Seventh Section: Jurisprudence as the Oldest Social Science – Social Question, Sociology, Socialism, Swiss Social Democracy, Social State
Eighth Section: Openness, Permeability, and Transception of Swiss Legal Thought
Ninth Section: Realism, Pragmatism, and Pluralism as Virtues of Swiss Legal Culture
Final Section: Back Into the Future – Inclinations, Tendencies, and Prospectives of Swiss Legal Thought
Appendix
Selected Bibliography For Further Reading
Biographies of Authors
International Intellectual Property Law
International Intellectual Property Law
Introduction
Texts
I. The Beginnings of Patent Protection in Switzerland
II. The Quest for Recognition and Justice
III. Switzerland, the International Bureaus (BIPRI) and the World Intellectual Property Organization (WIPO)
A. The Paris Convention for the Protection of Industrial Property (1883)
B. The Berne Convention for the Protection of Literary and Artistic Works (1886)
C. Switzerland and the WIPO today
IV. Switzerland and International Registration and Classification Systems
V. The International Union for the Protection of Plant Varieties (UPOV)
VI. The Association Internationale pour la Protection de la Propriété International (AIPPI)
VII. Switzerland and the Protection of IPRs in GATT, the WTO and Preferential Trade Agreements
A. The TRIPS Negotiations
B. The Quest for the Protection of Geographical Indications
C. Negotiating IPRs with China
VIII. Intellectual Property Protection and European Integration
A. Switzerland and the European Patent Organization
B. Switzerland and the EU: The Impact on Intellectual Property
IX. International Intellectual Property Law in Domestic Courts and before International Tribunals
A. Swiss Courts and International Intellectual Property Law
B. Intellectual Property and Investment Protection
C. Patent Litigation by Swiss Companies Abroad
X. Swiss Academic Research in International Intellectual Property Law
A. Harmonizing Rules on Licensing
B. Biodiversity and the Protection of Traditional Knowledge
C. Digital Trade and Intellectual Property
D. Embedding Intellectual Property in International Law
Biographies of Authors
The Swiss Federal Supreme Court
The Swiss Federal Supreme Court and Constitutional Law in an International Context
Introduction
Texts
Part I: The Federal Supreme Court as Institution
A. The Role of the Federal Supreme Court in the Federation
1. Separation of powers and independent judiciary
2. The Federal Supreme Court in Relation to Parliament
3. The Federal Supreme Court in relation to the executive branch of Government
4. The Federal Supreme Court in relation to the cantons
5. … and beyond: The role of the Federal Supreme Court in international law
B. Organization of the Federal Supreme Court
1. Concentration of all supreme court powers within the Federal Supreme Court, its seat and locations
2. Multilingual court departments
3. The Federal Supreme Court in dialogue with foreign and international courts
C. Federal judges
1. Appointment and re-appointment
2. Justice bios
3. Five Justice Bios (“The Pioneers”)
Part II: Federal Supreme Court rulings
D. Constitutional jurisdiction
E. Fundamental rights
F. Federalism
G. The Federal Supreme Court, legal interpretation and gap filling method
1. “A pragmatic methodological pluralism”
2. Comparative Law
H. The superseding principles of the public policy doctrine (ordre public)
I. International Law (incl. European Law)
1. The Role of the Federal Supreme Court
2. Validity of international law within national law
3. Applicability of international law
4. The relationship of international and domestic law
Biographies of Authors
Oral History
Swiss Law Bibliography
All Authors
Swiss Constitutional History
Workshops
Americanization
