Hostname: page-component-586b7cd67f-dsjbd Total loading time: 0 Render date: 2024-11-27T23:36:17.849Z Has data issue: false hasContentIssue false

Frigerio v. Federal Department of Transport

Switzerland.  22 November 1968 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

International law in general — Relation to municipal law — Incorporation of international convention into municipal law — Whether enabling legislation required — Conflict between treaty and subsequently enacted municipal law — Presumption that legislator intends to avoid conflict with international law — The law of Switzerland

State territory — Parts of — Rivers — International rivers — The principle of freedom of navigation on international rivers — Grand Duchy of Baden — Switzerland Convention on Rhine Navigation, 1879 — Convention of Mannheim on Rhine Navigation, 1868 — The law of Switzerland

Treaties — Conclusion and operation of — Operation and enforcement — Necessity for municipal legislation — Incorporation of international conventions into municipal law — Whether enabling legislation required — Conflict between treaty and subsequently enacted municipal law — The law of Switzerland

Treaties — Conclusion and operation of — Effect of municipal legislation — Conflict between treaty and subsequently enacted municipal law — Presumption that legislator intends to avoid conflict with international law — The law of Switzerland

Treaties — Interpretation of — Agencies of interpretation — Objectives of treaty as defined in preamble — Travaux preparatoires — Subsequent practice of political and administrative authorities in Contracting State — The law of Switzerland

Treaties — Interpretation of — Consideration of preparatory work — The law of Switzerland

Treaties — Interpretation of — Principles and rules of interpretation — Clear text — Ordinary meaning — Intention of the parties — Travaux préparatoires — Extensive interpretation — Context — Objectives of treaty — Preamble — Principle of effectiveness — Principle of good faith — Subsequent practice of political and administrative authorities in Contracting State — Incorporation of treaties into municipal law — Whether enabling legislation required — Conflict between treaty and subsequently enacted municipal law — Presumption that legislator intends to avoid conflict with international law — Principle of freedom of navigation on international rivers — Grand Duchy of Baden-Switzerland Convention on Rhine Navigation, 1879 — Convention of Mannheim on Rhine Navigation, 1868 — The law of Switzerland

Type
Case Report
Copyright
© Cambridge University Press 1987

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)