Texts

Texts

The trend to globalization is and was important in Swiss law and Swiss legal culture. There is little systematic and theoretical writing on this phenomenon as well. Switzerland is a small country actively taking part, in the world and therefore being under these influences of the developments of the world, which fare under the metaphor of globalization. Compared with the phenomena of Americanization, this area is even more under- researched; therefore hardly any systematic analyses concerning the influence of globalization on Swiss legal culture exists. Under the weight of political, societal, economic and legal reality, this has started to gradually and slowly change in the past twenty years.

It is suggested, that the reader first starts with the texts on the phenomenon of Europeanization, then continues with the texts on the phenomenon on Americanization, and only then reads or uses the texts on the phenomenon of Globalization.

In this part of Globalization, we suggest to proceed as follows:. If the reader is interested in the general challenges of globalization as an overall view of the challenges of globalization of law, legal practice, legal education and legal research within Switzerland, he may start with text 2.8 of Thomas Cottier. If he wants to take note of the Impact From Without, he should continue with Thomas Cottier (2.20) dealing with the influences of the international developments on the governmental structure and the legal system of Switzerland. Hans Ueli Vogt in text 2.10 gives a theoretical insight into the relation of law and globalization from a national and global perspective. In view of the far-reaching issues of constitutional law brought about by the legal process of globalization the final text of Daniel Thürer, 2.09 is an interesting essay dealing with three paradoxes of the formation of the Swiss Constitution in 1848, showing the actuality of the necessity to understand the historical demensions of the development of constitutional conceps in and for the age of the legal process of globalization. Heinrich Koller, the former Director of the Federal Office of Justice of Switzerland, gives a distinct overview of the effective influences of globalization on Swiss legislation 2.16 in the area of economic law. Peter Murray’s and Jens Drolshammers text in 2.14 on the education and training of an new International lawyer  in the internationalization of practice, contains a description of the effects and offers an agenda for the changing of  legal education in globalization. In view of the fact, that the effects of globalization are vastly underresearched, the text of Jens Drolshammer in 2.12 suggests, that globalization itself and on a meta-level should become a general object of scientific research; he does that by analogizing the idea to a Globalization Project in the Kennedy School of Government of Harvard University. Using concepts of Constitutionalism in International Economic Law, Thomas Cottier in text 2.11 attempts to link international, supranational, regional, national and subnational actor. This is an other example of conceptualization in the unfolding process and  work in progress in which Thomas Cottier’s work also deals with the call for an intellectual framework to cope with present and future challenges to overcome the classical discussion and to bring about a more coherent interaction of different regulatory lawyers including international law and global relations. On a more outwardlooking perspective, the reader and user may turn to the texts under A) Effects and impacts of Siwss legal culture on the legal process of globalization. Swiss law and legal culture had several manifest influences on the legal process of globalization outside the borders of Switzerland. Pierre Tercier (text 2.1) explains as the dean of the law school to students the radiation of Swiss law in the world. A reader and user more theoretically interested may turn to Max Rheinstein (text 2.2) who describes types of receptions. In the aftermath of a conference of the International Association of Legal Science held in Istanbul in September 1966, the famous comparatist prepares an answer to the – unanswered,  – key issue of the conference, whether Turkey has undertaken a reception of the substantive provisions of the Swiss Civil Code or of a broader area of Swiss law. Jens Drolshammer/ Nedim Vogt (text 2.3) offer short observations as to how and where Swiss law internationally has been important internationally. The importance of Switzerland’s commercial arbitration of Switzerland for the world at large is addressed in text 2.4 by Marc Blessing. At the annual meeting of the Swiss Lawyers Association of 2012 on the topic of Swiss law facing the challenges of international and European law Carl Baudenbacher (text 2.6) has listed a few areas of law, which have been exported out of Switzerland. Peter Nobel in text 2.5 sheds light on the interesting phenomenon , that the majority of institutions dealing with international financial law are based in and work out of Switzerland. He asserts that, Switzerland thereby is the hidden thinktank of that important field of law. If the reader is interested in the active involvements of Switzerland in international law, he may turn to Raymond Probst, text 2.7 “Good Officies” and inform himself of the variety of involvements of the Swiss government in this area, mediating and arbitrating international conflicts or acting as spectre of governmental interests in international crisis. In f) Further impacts and challenges ahead, the reader and user may find fundamental and general aspects of Swiss law and Swiss lawyers participating in the forefront of the legal process of globalization. The texts of Jean Nicolas Druey (2.17), Herbert Burkert (2.18) and John Palfrey and Urs Gasser (2.19) comprise an academic case study of the international recognition and acceptance of the St. Gallen approach to information law. The text 2.13 of Thomas Cottier, the co-editor of the Journal of International Economic Law, after the financial crises of 2008 puts forward an agenda for further research and action in key parts of international economic law.

 

© Prof. Jens Drolshammer, office@drolshammer.com,  www.drolshammer.net