Der völkerrechtliche Status der Schweiz

Abstract

The creation and succession of states is often realized through the conclusion of specific peace and border treaties. This is also the case for Switzerland. While it is true that the country has had a relatively stable legal framework for the last 200 years (since 1815), it is too often forgotten that agreements reached with foreign States (also after 1815, and sometimes even without the explicit consent of the small country itself) were fundamental for its development and recognition. In addition, the legal status and the exact definition of its territory have been shaped by specific international arbitral awards and court decisions. These sources of international law must be considered foundational parts of the legal framework defining the country. While Swiss (constitutional) historians seem perfectly aware of this development, these aspects have been largely overlooked by public international law scholars.