As an open economy, Switzerland is dependent on foreign market access and open trade relations with other countries. This openness is underpinned by an economic constitution favoring a market economy and, fundamentally, being oriented toward competition. In the past, Switzerland’s neutrality has not only contributed to its security, but also to its economic success and stability. Switzerland’s neutrality consists of the law of neutrality and neutrality policy. Whereas the former contains the main obligations and rights of a neutral country the later refers to measures serving the credibility of Switzerland’s neutrality abroad. In implementing neutrality, Switzerland is regularly subject to pressure from abroad to restrict or authorise certain economic activities such as war material exports. Against this background, Switzerland has enacted several laws regarding critical transactions with certain countries. Although these regulations typically affect the fundamental rights of economic freedom and guarantee of ownership, they are not contrary to the guiding principle of economic freedom enshrined in Switzerland’s economic constitution. Whereas Switzerland has thus legislation in place regarding export controls and sanctions, a comprehensive regulation of its significant commodities trading sector is still lacking. This poses the risk of future regulations based on emergency law that harm Switzerland’s reputation as stable and predictable business location.

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Balancing Act: Exploring Switzerland’s Neutrality in the Context of Its Economic Constitution

  • Phil Baumann,
  • Marc M. Winistörfer

摘要

As an open economy, Switzerland is dependent on foreign market access and open trade relations with other countries. This openness is underpinned by an economic constitution favoring a market economy and, fundamentally, being oriented toward competition. In the past, Switzerland’s neutrality has not only contributed to its security, but also to its economic success and stability. Switzerland’s neutrality consists of the law of neutrality and neutrality policy. Whereas the former contains the main obligations and rights of a neutral country the later refers to measures serving the credibility of Switzerland’s neutrality abroad. In implementing neutrality, Switzerland is regularly subject to pressure from abroad to restrict or authorise certain economic activities such as war material exports. Against this background, Switzerland has enacted several laws regarding critical transactions with certain countries. Although these regulations typically affect the fundamental rights of economic freedom and guarantee of ownership, they are not contrary to the guiding principle of economic freedom enshrined in Switzerland’s economic constitution. Whereas Switzerland has thus legislation in place regarding export controls and sanctions, a comprehensive regulation of its significant commodities trading sector is still lacking. This poses the risk of future regulations based on emergency law that harm Switzerland’s reputation as stable and predictable business location.