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The Legal Framework of Swiss International Trade and Investments

The Legal Framework of Swiss International Trade and... I. INTRODUCTION In 1'art I of this article, I discussed the promotion, the admission and the treatment of Swiss exports and outbound investments. In the present part, which represents the second half of this study of the legal framework of Swiss international trade and investments, I address the legal remedies available to Swiss exporters and investors for protecting their interests whenever trade is hampered or their investment harmed in the importing or host country. Remedies are discussed following the time sequence in which they are generally used; thus, preventive remedies in the form of guarantee (Section II) precede curative remedies. Among the latter, I tentatively distinguished those following a formal, codified, or semi-formal procedure and being of a judicial or quasi-judicial nature (Section ill) from those of a diplomatic one (Section iv). A general conclusion bears on the two Parts of this study (Section v). The "protection" to which the title of this Part refers deserves further qualification. In fact, in Part I of this article on the "promotion" of Swiss international trade and investments, I already addressed the protection of investments as a principle from the perspective of the guarantee of fair and equitable treatment and its http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

The Legal Framework of Swiss International Trade and Investments

Journal of World Investment and Trade , Volume 7 (4): 491 – Jan 1, 2006

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/221190006X00289
Publisher site
See Article on Publisher Site

Abstract

I. INTRODUCTION In 1'art I of this article, I discussed the promotion, the admission and the treatment of Swiss exports and outbound investments. In the present part, which represents the second half of this study of the legal framework of Swiss international trade and investments, I address the legal remedies available to Swiss exporters and investors for protecting their interests whenever trade is hampered or their investment harmed in the importing or host country. Remedies are discussed following the time sequence in which they are generally used; thus, preventive remedies in the form of guarantee (Section II) precede curative remedies. Among the latter, I tentatively distinguished those following a formal, codified, or semi-formal procedure and being of a judicial or quasi-judicial nature (Section ill) from those of a diplomatic one (Section iv). A general conclusion bears on the two Parts of this study (Section v). The "protection" to which the title of this Part refers deserves further qualification. In fact, in Part I of this article on the "promotion" of Swiss international trade and investments, I already addressed the protection of investments as a principle from the perspective of the guarantee of fair and equitable treatment and its

Journal

Journal of World Investment and TradeBrill

Published: Jan 1, 2006

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