Expert Opinion on Reparation Claims

2.2 Concerning The Legal hierarchy

Private law therefore precedes state law. Otherwise, no boxing matches could take place. Boxers would otherwise be notorious violent offenders.

 

Ratified international treaties are signed by the deputies of the respective states on behalf of the rest of the population. These contracts bind the nationals of the respective states directly to each other. It does not matter in which country these nationals are located.

International law thus takes precedence over national law. This is usually anchored in the state laws.

For example:

Swiss Code of Civil Procedure Article 2

International conditions

The provisions of the State Contract Law and the provisions of the Federal Law of 18 December 1987 on Private International Law (IPRG) remain reserved.

 

German Courts Constitution Act

Section 20

(1) German jurisdiction also shall not apply to representatives of other states and persons accompanying them who are staying in territory of application of this Act at the official invitation of the Federal Republic of Germany.

(2) Moreover, German jurisdiction also shall not apply to persons other than those designated in subsection (1) and in sections 18 and 19 insofar as they are exempt therefrom pursuant to the general rules of international law or on the basis of international agreements or other legislation.

 

International private law thus precedes all state law.

Nationality determines which state law and which international regulations one is subject to. In addition, the share of state property is connected with the nationality - see refugee debate.

 

Contracts can be terminated.

The exception is the Hague Land Warfare Convention (Hague IV.).

 


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