Book contents
- Frontmatter
- Contents
- List of contributors
- Preface
- Table of cases
- Table of international instruments
- List of abbreviations
- Introduction
- PART I The Foundations of International Law and Their Impact on Secession
- PART II International and Domestic Practice
- 9 The question of secession in Africa
- 10 International law and secession in the Asia and Pacific regions
- 11 Secession and international law: the European dimension
- 12 Secession and international law: Latin American practice
- 13 Lessons learned from the Quebec Secession Reference before the Supreme Court of Canada
- 14 The Secession of the Canton of Jura in Switzerland
- 15 Conclusions
- Select bibliography
- Index
14 - The Secession of the Canton of Jura in Switzerland
Published online by Cambridge University Press: 23 July 2009
- Frontmatter
- Contents
- List of contributors
- Preface
- Table of cases
- Table of international instruments
- List of abbreviations
- Introduction
- PART I The Foundations of International Law and Their Impact on Secession
- PART II International and Domestic Practice
- 9 The question of secession in Africa
- 10 International law and secession in the Asia and Pacific regions
- 11 Secession and international law: the European dimension
- 12 Secession and international law: Latin American practice
- 13 Lessons learned from the Quebec Secession Reference before the Supreme Court of Canada
- 14 The Secession of the Canton of Jura in Switzerland
- 15 Conclusions
- Select bibliography
- Index
Summary
Switzerland is a federal State. The name ‘Confederation’ is a historical heritage, but is not accurate. The component members are the Cantons. There are twenty-three. The Canton of Jura is the twenty-third and was created on the 1st of January 1979.
From the adoption of the Federal Constitution in 1848 until the addition of the Canton of Jura in 1979, Switzerland was made up of twenty-two Cantons. The Canton of Jura, whose territory was part of the Canton of Berne, came to birth through a true secession process. Several plebiscites were organized.
The relations between the Cantons are governed by federal law – the federal Constitution and the laws adopted by the federal Parliament. However, when for a specific matter there is no federal rule, international law is applied as a substitute.
In the case of the Canton of Jura, important questions were settled by reference to customary international law under the laws of State succession. This was particularly the case in the area of succession of goods, debts and public institutions, as well as with respect to agreements and treaties concluded by the government in Berne with foreign countries and with other Cantons. In this process, various international instruments and the reports of the International Law Commission of the United Nations were taken into consideration.
Since international law was applied in this particular case of ‘cantonal secession’ it can be presented as an illustration of State succession.
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- SecessionInternational Law Perspectives, pp. 453 - 469Publisher: Cambridge University PressPrint publication year: 2006
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