"Switzerland"

Michigan Law Authors
Publish Date
2013
Publication
The Privileges and Immunities of International Organizations in Domestic Courts
Publication Type
Book Chapter
Abstract

This chapter looks at the Swiss case-law on the immunities of international organizations. It outlines the controversial Swiss case-law on absolute immunity. It identifies the Federal Supreme Court's reasoning behind the absoluteness dictum as developed, in particular, in the CERN I and the BIS jurisprudence. It shows that the Federal Supreme Court largely follows a traditional negative approach which constructs absolute organizational immunity primarily as ‘ non-sovereign immunity’. The chapter then analyses recent attempts to challenge the Federal Supreme Court's position, focusing on the requirement of organizations to provide for an alternative means as quid pro quo for immunity. The final section assesses structures and patterns of the Swiss participation in transnational processes of judicial dialogue and cross-fertilization in the field of organizational immunities.

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