The question of primacy between national and international law has been simmering for years in Switzerland. Here we give a run-down of some other options that could settle the wrangling over legal hierarchy. In recent years, several contentious popular initiatives in Switzerland – banning the building of Islamic minarets, for example, or expelling foreigners convicted of serious crimes – have raised the tricky question of how to reconcile domestic and international law. The issue is an emotive and fundamental one, touching on key ingredients of Swiss identity – direct democracy, strong sovereignty and a certain standoffishness from internationalist trends (Switzerland only joined the United Nations in 2002). On a purely judicial level, if the question itself is simple, there is no easy answer. At a recent panel event in Geneva, journalist and lawyer Denis Masmejan outlined for swissinfo.ch six of the most commonly cited paths out of the paradox. 1. “Here, it’s us who ...
