Carl BaudenbacherSwiss Economic Law Facing the challenges of International and European Law

2.6 Carl Baudenbacher, Swiss Economic Law Facing the Challenges of International and European Law, excerpt G: Contributions of Swiss Law to Foreign, International and European Law, in Schweizerischer Juristentag 2012, Das Schweizerische Recht vor der Herausforderung des internationalen Rechts, Zeitschrift für Schweizerisches Recht, 2012, Heft 2, p. 646-660

a) Background

The text at hand is an excerpt of a report to the Annual Meeting of the Swiss Lawyers Association in 2012, with the theme Swiss Economic Law Facing the Challenges of international and European law. (see also text 2.18 of Carl Baudenbacher in the part on Europeanization) As described in the background 2.5 of Peter Nobel’s text, the annual meetings of the Swiss Lawyers Association are an important event of Swiss law and legal culture and , the appointment as a rapporteur is a once in a life time honour for a Swiss lawyer. The Swiss Lawyers Association has a tradition of occasionally addressing the position that Swiss law and legal culture has in the legal process of internationalization and globalization. In 1988 in Bern, the leitmotiv was “Die Schweizerische Rechtsordnung in ihren internationalen Bezügen“ (The Swiss legal system in its international dimensions). In St. Gallen in 2000 the leitmotiv was “Globalisierung und nationales Wirtschaftsrecht“ (Globalization and national economic and business law) and in 2012 in Geneva “das Schweizerische Recht vor der Herausforderung des internationalen Rechts“ (Swiss law facing the challange of international law).

Baudenbacher’s excerpt is remarkable in the context of the process of globalization because it addresses aspects of influences of Swiss law on foreign law – contrary to the public opinion and contrary to the perception of the growing one-way street in the process of Europeanization and Americanization. The dimension of the transfers of law of Swiss law and legal culture in the legal process of globalization is often forgotten.

Carl Baudenbacher is an emerite Professor of Civil, Commercial, and Business Law at the University of St. Gallen. He is active in the fields of Swiss, European, and international business law, international dispute resolution, and globalization of law. Baudenbacher places special emphasis on unfair competition law, intellectual property law, company law, labour law, EU/ EEA fundamental freedoms, and comparative law. He is the Director Executive of Masters of European and international business law MBL – HSG. His most visible and prominent function is the presidency of the EFTA court. Baudenbacher is an outspoken scholar, often criticising Switzerland.

According to Carl Baudenbacher, Swiss law has an impact on foreign legal orders, whether national, international or European, both on the legislative as well as on the judicial level. Amongst the most significant Swiss contribution is the fact, that for over 100 years Switzerland has been home to international organizations. To the present it has signed 24 headquaters agreements. Geneva is a Mecca for international organizations, the entities of the UN and the WTO constituting the most important examples. Moreover, there are some 250 NGOs which have been granted consultative status by the UN. According to Carl Baudenbacher it is particularly remarkable that Switzerland was chosen the second seat of the UN after New York as well as the seat of the GATT long before the country itself became a member of these organizations.

The excerpt of Baudenbacher on contributions of Swiss law to foreign, international and European law highlights the importance of the Swiss civil code as follows. The most prominent examples are Turkey, the Unfair Competition Act, the Exclusive Distribution Rights to Compensations for Client, the issue of Dept Brake. The text further addresses the prominent position of international arbitration in Swiss law and legal culture throughout history until present day. It describes a series of prominent public arbitrations as well as the arbitrators and the friendly legal framework of the Private International Law Act, having a selective and great influence on certain foreign laws. Baudenbacher also deals with the export of investment law, describes the specific role of humanitarian international law and addresses (with a question mark) the issue of direct democracy as an export hit.

(As regards the international importance of Swiss commercial arbitration see the text 2.4 by Marc Blessing and on the general international radiation of Swiss law see the text 2.1 by Pierre Tercier.)

b) Summary

According to Carl Baudenbacher, Swiss law has an impact on foreign legal orders, whether national, international or European, both on the legislative as well as on the judicial level. Amongst the most significant Swiss contribution is the fact, that for over 100 years Switzerland has been home to international organizations. To the present it has signed 24 headquaters agreements. Geneva is a Mecca for international organizations, the entities of the UN and the WTO constituting the most important examples. Moreover, there are some 250 NGOs which have been granted consultative status by the UN. According to Carl Baudenbacher it is particularly remarkable that Switzerland was chosen the second seat of the UN after New York as well as the seat of the GATT long before the country itself became a member of these organizations.

The excerpt of Baudenbacher on contributions of Swiss law to foreign, international and European law highlights the importance of the Swiss civil code as follows. The most prominent examples are Turkey, the Unfair Competition Act, the Exclusive Distribution Rights to Compensations for Client, the issue of Dept Brake. The text further addresses the prominent position of international arbitration in Swiss law and legal culture throughout history until present day. It describes a series of prominent public arbitrations as well as the arbitrators and the friendly legal framework of the Private International Law Act, having a selective and great influence on certain foreign laws. Baudenbacher also deals with the export of investment law, describes the specific role of humanitarian international law and addresses (with a question mark) the issue of direct democracy as an export hit.

(As regards the international importance of Swiss commercial arbitration see the text 2.4 by Marc Blessing and on the general international radiation of Swiss law see the text 2.1 by Pierre Tercier.)

c) Text

You can find a scan (PDF) of the original text here:
G_2.6_BAUDENBACHER_Swiss Economic Law

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

Comments (0)