The editor is the pilot, driver or captain of the users and readers of this Anthology of Swiss law and legal culture. In the following preliminary remarks the editor sets some flags on his guiding mission.

a)     The Anthology sails under the Leitmotiv "See it fresh - see it whole - see it as it works"from the American lawyer Karl Llewellyn. This stresses the importance of facts first and with respect to the Anthology texts first. "See it fresh" challenges us to see in an open, undisguised and new way; "see it whole" means we should see it impartially and holistically and - this is key to the whole text oriented and text based approach - "see it as it works" calls on us to understand the functional requirements and operation of the legally relevant social reality in the legal process of globalization. Using this Leitmotiv as a metaphor, the globalization part of the Anthology is a contribution to the weaving of a complex carpet of cultural encounters and exchanges in law and legal culture before and after f World War II .

b)     The Anthology situates the selected texts as objects trouvées in their broader context from a dynamic and evolutionary perspective in primarily dealing with the emerging new world order after World War II. The Anthology attempts to increase the awareness and the accessibility of legal and cultural knowledge. It caters to a variety of potential uses common to modern knowledge generation and knowledge management in academic writing. The Anthology has in mind the idea and vision of a college of international lawyers and their networking potential under the aspects of comparability, compatibility -and above all of interoperability. The Anthology is a starting platform of knowledge as a particular mis-en-scène of the legal dimensions of the historic processes particularly after World War II. It is meant to contribute to access, open up and to establish what Aby Warburg calls a "Denkraum" (thinking space) for further academic and practical legal work. The globalization part of the Anthology does not pretend to present a theory or a theoretical framework of structured sets of information. It is an organised aggregation of information and has the primary function of a tool facilitating further observations and analysis of the topics; it therefore is situated in the toolboxes of "skills" and not in the "salons" of lofty legal sciences which have obviously missed some - or many? - of the boats in the early - and timely - observation and analysis of the upcoming dramatic and far-reaching changes of the legal process of internationalization and globalization in Switzerland. The theoretical discussion of law and legal practice is a "reality science" as defined by May Weber. The specific features of thought and action in legal processes such as Americanization, Europeanization and Globalization are often dependent, at the meta-level, on a specific mindset open to globalization; we coin the term - a globalization - adequate mindset – which applies a motivational position that favours the exploration of the legal process in globalization and a motivational drive inspired by curiosity.

c)    The editor came to the conclusion that in view of the novelty and complexity of the processes and the texts found and in view of the constraints of the specific structure chosen and currently unknown possible uses in a modern electronic platform of communication that the writing an introduction as a foundation was advisable and even necessary. Because of the complexities of the processes of Americanisation, Europeanisation and Globalisation and particularly due to the fact that the Anthology includes works right up to present-day, the situation and the role of comments and introductions have a different and more pressing function than in other traditional parts of the Anthology. The totality of the editors comments in English therefore are conceived as a stand alone text. In that context, this introduction plays a key role in establishing with the reader certain basic informations on the topics and the method of treatment of the topics. The introductions as a module are conceived as represented in the framework of the Anthology, as stand alone texts as well.  The introduction is a mere non-footnoted description and a narrative of the process of Globalization by the editor for the purpose of this Anthology.

d)    The access of the reader and user to the accumulated materials may conceivably be selective in various ways. The reading of the introductions to the three parts for instance may give the user a general overview as to how Switzerland fared in legal matters after World War II and what the processes observed and analyzed are. The reading of the "background" and "summary" of the texts may convey a first and standardised insight into the content of the sequence of the texts in English irrespective of the texts original language. The selective study of bibliographical references might lead to systematic further research and legal analyses. A study limited to the study of the biographies of the authors might give a revealing insight into the life and the education of the persons, who penned the texts contained in the Anthology and who were lawyers and professionals sailing in the winds primarily of post World War internationalisation.
These varieties and variants of suggested partial and selective uses in this notion of stand-alone comments of the editor should not detract from the fact that the texts as such and as a whole are at the centre of the Anthology and are to catch the interest - this time - of the readers.

e)        In this autonomous notion of the comments of the editor there are a series of specific reasons for a stand alone role of the introductions to the parts of the Anthology as follows:
The choice of a new and different method of selection and description in the Anthology by establishing a process orientated perspective is better understood with an introduction. In view of the fact that the Anthology is a work in process, the transparency of comments thereby established in the introductions are a key element to communicate the method and the content of the endeavor; in addition the fact that a fully developed method under the heading of "how does law travel", as the pivotal element of the selection and the description of the phenomena, does not yet exist, in particular merits comments and an introduction. The fact, that the rigid structure spreads and disperses the knowledge found in the backgrounds, summaries, texts, bibliographical references and biographies calls for a reintegration of the essential aspects in the form of holistic comments and introductions . The limiations of the primarily text orientation of the Anthology requires a re-integration complementing the texts with remarks from professional lawyers and shapers of legal reality and institutional environments breeding the respective legal creativity, if one wants to creatively deal with broader concepts of legal culture beyond law. In that context it has to be noted, that in Switzerland the discipline of cultural studies as part of modern disciplines of social sciences and humanities unlike in anglo-saxon academic environments is not yet fully developed; this particularly holds true in dealing with the issue of legal culture in the discipline of law. This enlarged field of observation and analysis can only be grasped by comments in the Anthology and introductory texts. The same holds true as regards to the inclusions of a modern multi - and transdisciplinarity including neighbouring social sciences and humanities which are relevant to law and legal culture.

As stated above, the comments and introductions are autonomous and are stand alone texts in the form of a non-footnoted narrative. It is legitimate and necessary to attempt to make accessible to the reader and user the preliminary results of the findings of the work of the editor. We have to accept that in various areas a full fledged academic knowledge does at the time of the making of the Anthology not yet exist however further research may shed more light on those findings.

f)    The Anthology is marked by the professional education and professional work of the editor as a practitioner in international legal practice and as a professor in academia. Jens Drolshammer is an Professor Emeritus of Law at University of St. Gallen, Switzerland and a founding partner of Homburger Rechtsanwälte, an international commercial law firm in Zurich. He practiced internationally for many years, dealing with issues of European and American law and legal culture. He is a Swiss born citizen of partially Norwegian and German origin and spent his educational and professional life in post World War II and post Cold War times. He studied law at the University of Zurich, Geneva, as well as at Michigan and Harvard Law School.

He spent about an aggregate of three years in the Swiss army, mainly in strategic matters and has been a member of the International Institute for Strategic Studies for more than twenty years. Drolshammer has taught at the law school of the University of St. Gallen for more than thirty years, primarily on American law and American legal culture and on complex transactions. From 1999 to 2008 he has been a visiting research professor at the Center for European Law Research at Harvard Law School mainly focusing his projects in the area of globalization and the americanization of law and legal professions. Therefore and faute de mieux he is also an author of various texts in the Anthology.

The editor presently as an emeritusis an individual entrepreneur without a university chair, secretaries, scientific assistants and research grants. He revels in the lower surgery of generating tools to better grasp the dimensions of the new world order that took root following World War II and after the end of the Cold War by looking at the processes in the areas of Americanization, Europeanization and Globalization of Swiss law and legal culture. He shifted attention and work into this craftsmanship of lawyering after having realized that the conceptual, terminological and scientific suboptimalities and the limits of dealing with the "travels" of law and "impacts" of foreign legal cultures on the sea of Globalization are - as Americans say - "an elephant to big  to chew". In this search for tools the editor had to constantly strive to juggle between search and vision, because he realized and is convinced, that knowledge of law and legal culture in its historic and international dimensions is a part of the general education of a national or international lawyer in present-day as it always has or should have been. The editor does not regret to have worked on this tool as a "lonely longdistance runner" and has read more than four thousand pages of preselected texts in order to attempt to find a working structure and a tool kit to better understand the processes of Americanization, Europeanization and Globalization of Swiss law and legal culture. Without this search of the phenomena and the corresponding conceptual bricolage and collage one is lost with his one-man-kajack on the sea and in the fog of Globalization.

g)     The part Globalization of Swiss law and legal culture of the Anthology uses the leitmotiv of the words on a planned although unrealised  wall drawing of the Swiss artist Rémy Zaugg "The World - but – I see you". The insular is engage with the outside world, – even in Switzerland. Besides the parts on Americanization and Europeanization, the part on Globalization uses again the idea of "travels" and "impacts" of law and legal culture as a guiding principle to describe the complex and underresearched legal processes. The metaphorically rich and imaginatively provocative guiding principle on analogy takes its lead from the essays of the literary critic The essay  Edward Said namely "Traveling Theory" and "Travelling Theory Reconsidered..As described below, the process of Globalization adresses a recent stage and phase of the time after the Cold War. In this part the Anthology embraces international phenomena in so far as they are evidenced in texts, beyond the processes of Americanization and Europeanization.

1.1 Purposes of the part on the Globalization of Swiss law and legal culture and its relationship to the parts of Europeanization and Americanization

The general purpose of the Anthology is to make significantand representative texts on Swiss law and a legal culture accessible to an non-Swiss as well as Swiss audience. The Anthology focuses on legal texts - a specific and narrow aspect of legal culture - and to some extent on lawyers and legal institutions as important aspects of a broader concept of legal culture The Anthology aims to cover the time period from World War II up to the present-day (June 2013). It provides evidence of the dramatic and far reaching internationalization of the legal process driven by new stages of Americanization, Europeanization and in particular Globalization, which is a more recently noted phenomenon. The latter part attempts to catch the broader lines of "travel" and "impacts" of these developments on Swiss law and Swiss legal culture beyond the texts selectedby placing particular emphasis on the question how Swiss institutions and authors dealt and deal with the legal process of globalization.

The categories of Europeanization, Americanization and Globalization refer to neighbouring and overlapping areas and processes. Americanization, as a major factor in this historic development, has a strong direct and indirect impact and is not unrelated to the factor of Europeanization.

Globaliza¬tion, as an overarching and overlapping legal process has a significant influence on the evolution of European law, which in turn is influenced by American law. Again, the process moves across time and space as American law has an influence on Swiss law and Swiss legal culture as part of the process of Europeanization. Beyond Americanization and Europeanization, Globalization is the most evident and most important general legal process of "travels" and "impacts" on law and legal culture in Switzerland. The concept of Globaliza¬tion goes beyond the concept of Americanization and Europeanization and attempts to grasp the internationalisation of Swiss law and legal culture on a meta level from a general¬ized perspective - a global perspective - as part of the phase of globalization that has taken place following World War II and after the Cold War. The expression, globalization is not used as a technical term, it attempts to grasp aspects of "travels" and "impacts" of Swiss law and legal culture by the process of Americanization and Europeanization. Since a generalized and unified methodology of describing phenomenologically and analysing the "travels" and "impacts" of the process of globalization does not exist in Switzerland yet, we use a selection of process - and globalization – adequate methodological tools and primarily attempt to observe and to understand the legal process of globalization. The novelty of the phenomena and the lack of general observation and analysis require a stand alone introduction.  The Anthology intends to in¬form as to how Switzerland as a so called "small" state (Kleinstaat) has fared after World War II and after the Cold War in times of a fundamental internationalisation of the historic, political, societal and legal processes associated with an increasing globalized world. It addresses not something other but something more and something beyond - again an "elephant too big to chew", as the Americans say,in the "new world of law in globalization" (Mathias Reimann). Legal sciences seem to be at an early stage of a conceptualized grasp of the legal processes of globalization. The criteria of observation used in the part of Europeanization and the part of Americanization in looking at "travels" and "areas of impacts" have to be modified selectively and sectorially in this part, yet again.. Contrary to the part on Europeanization, these "travels" and "impacts" have not developed in an evolving structure part of a political design respective to the state of Swiss law and legal culture of the realisation of the principle of integration of the European Union which, as described in the introduction of Europeanization, is realised mostly by cooperative and contractual legal instruments. Contrary to the methodological observation in the chapter on Americanization the "travels" and "impacts" of globalization are less driven by political and power considerations directly or indirectly focused on specific aspects of Swiss law and legal culture such as banking secrecy, tax evasion, corruption, money laundering as well as money of potentates and a generalised strategy of extraterritorial applications of laws on set of facts outside of the United States.

In that context it finally has to be recalled, that Switzerland historically especially has a globally organised and globally integrated economy active far beyond the geographic areas of the United States and the European Union. Switzerland therefore has followed and still follows a foreign policy of universality which in turn brings it into contact with many more jurisdictions - and international and regional organisations - as a result of the nature of the interdependence of Switzerland with the world at large. The influences of the legal process of globalization also to a considerable extent differ from the influence of the European Union and the United States, which often are mainly exercised together with other jurisdictions and in international organisations in areas particularly relevant to Switzerland. In these traditional international organisations such as the OECD and WTO and more recently G20 and the Forum, Swiss law and legal culture is exposed to an ever-growing influence of international "standards" and "soft law". Swiss law and legal culture moreover are affected by a series of international organizations in particular in these industries in which more important interests of Switzerland are affected by the areas of the legal process of globalization. Switzerland often is actively involved in the international law making process and has participated in taking note, working with and even contributing to these parts of global law. In the more critical of those fields some recurring patterns of behaviour are notorious: Switzerland usually is first taken aback, then starts to do its homework and sometimes even ends up as "best in class" (Mark Pieth). This is the case in areas such as banking secrecy, certainly money laundering, and corruption as well as more recently money of potentates. Further analyses may have to help to find a globalization – adequate methodology of observing and then analysing the "travel" and "areas of impacts" of the legal process of globalization.

1.2 Swiss law and Swiss legal culture faced with the new phase of globalization beyond Europeanization and Americanization

Globalization of economic and cultural relations due to the advances of communication technology and international trade in goods and services has been of considerable impact beyond the influence of European law (Europeanization) and of US law and legal culture (Americanization). The influence induced by the process of globalization, however, is more difficult to trace and more diffuse and problematic to identify. Partly it is caused by processes in international economic law, in particular the body of law of the World Trade Organization post the Uruguay Round of multilateral trade negotiations completed in 1995, and efforts induced by the G-20 following the financial and debt crisis, in particular in the field of financial regulation and banking supervision. These developments tend to stimulate harmonisation of domestic law, and thus influence the law and legal culture of all countries alike, including Switzerland. To a certain extent it reflects enhanced tensions among different legal systems and the need to address conflicts of law. Globalization to some degree exerts factual and cultural influences  which indirectly influence the law and legal culture of a country. The internet and instant accessibility of information beyond borders is of particular importance in this context.  It is also here that a clear separation from Europeanization and Americaniation cannot be made as the influence of these legal cultures are partly driven by globalization themselves. Switzerland - "the world - but - I see you" – is part of the legal process of globalization and therefore these observations per definition are related to Switzerland as well.
For the purpose of the broader view of this introduction the legal process and the impact of globalization on law and legal professions requires a new global perspective - Globalisation - adequate perspective – as a prerequisite to understand the categories of "travels" and "impacts" of these legal processes.

Working definitions of globalization
In this sketch drawn with a rough brush we use the following working definitions for "globalization" as a process: a progressive interlinking of the world economy as well as the internationalization of all spheres of life of the economic, political, social and culture relations. Globalization is not only driven by economic but also by political, technological as well as social and cultural factors. It is motivated  by revolutionary technical achievements in transportation and telecommunication as well as by innovation within information technology. The process leads to a manifold and selective Iinternationalisation of the national legal systems, the legal professions, and the legal educations from a global perspective.

Besides and beyond debates on the notion of "globalization" a consensus has been reached that two approaches and concepts have become generally accepted (Ulrich Beck: What is Globalization? First published in Germany, Wo ist die Globalisierung; 1997, first published in 2000 in Polly Press, reprinted 2000).

The first approach perceives globalization in the sense of a growing interconnectedness manifestin an increase of networks, interdependencies, transboarder movements, identities and social networks. The second approach emphasises the undoing and unraveling of time and space brought about by new communication. More individuals behave economically internationally, work internationally, travel, consume, cook internationally, the kids are educated multilingual, education happens in a generalised nowhere of TV with political identities and loyalties no longer adhering to the rules of national loyalty - managed legalisation (Beck).For the following reasons globalization in theory is accepted as irreversible nowadays: the geographical expansion and increase of density of the continuing international trade; the global networking of finance markets and the growing power of transnational cooperation, the ongoing revolution of information and communication technology; the universal demands for human rights; the stream of images from the global culture industries; the emergence of a post national, polycentric world; the unquestionable world poverty; the issue of global environmental destruction and the transcultural conflicts in one and the same place (Beck).

The "Brave New World of law in the age of globalization"
Several of the texts included under 3. reflect aspects of a "Brave New World of law in the age of Globalization". The editor will identify these influences in the respective parts on "background" and "summary" of those texts.

A key dimension of this process of globalization is a corresponding legal process, in which globalization brings about changes of a fundamental nature in law and legal culture.
According to Mathias Reimann the "Brave New World" of law in the age of globalization is characterized among others by four elements: the manifold coexistence of overlapping and sometimes contradictory legal systems (pluralism); the growing influences of the catching of legal reality in databanks (digitalisation); the growing dependency of law on political decisions and economic developments (loss of autonomy) and the progressive giving up of terminological order in favour of analyses in context of issues (the de-systematisation of system)(discussion paper for an encounter, among friends held at the editors The Salon, see www.drolshammer.com). These trends leading to a pluralisation, digitalisation, loss of autonomy and collapse of the notion of system in the age of globalization generally conflict with the European legal tradition of which Switzerland is a part. Since  the beginning of the modern age, European and Swiss legal tradition has emphasised the unity of the legal order as portrayed in text books teaching the autonomy of law in the face of politics and business and clear definitions and systematic thinking. These trends in the "Brave New World" of law in the age of a new wave of globalization, according to Reimann, tend to reflect the current legal situation above all in the United States, which from the outset has been dominated by pluralism, a more associative organisation of material, a highly politicised understanding of the law and a focus on concrete issues.

Reimann holds the controversial view that American jurists, or rather jurists trained at American law schools, deal more effectively with the current legal world, and particularly with the effects of globalization than their continental European colleagues. This is said to be mainly because the whole structure of American legal thoughts is a better "fit" for present - day law, at least in Western industrialised nations. This United States legal thinking is said to be in harmony with today's world, rather than in conflict with it. Reimann believes that jurists educated in the United States, have a head start on their continental European colleagues and others brought up in the civil law tradition. The differences between American and continental European legal thoughts is seen as differences between the "modern" and "post modern" world views on both sides of the Atlantic. Reimann is talking not about current trends but long-term structures with deep historical roots. In other words a jurist who thinks of himself as "post modern" is more at home in the post modern legal world than one who is still straight jacketed by "modern" thought processes. This view is controversial as well- "if these considerations are true, then they also help to explain, no more and no less, why international legal practice today - almost worldwide in this introductory overview - is primarily American" (Mathias Reimann).

Elements and key drivers of the legal process of globalization
In the following remarks the editor uses the findings in his own writings.

The key drivers of the changes in the legal process of gobalization - (here primarily exemplified with respect to the legal professions involved (see the textsby Jens Drolshammer, text 3.13 and 3.20, 3.21 Americanization) – beyond the general phenomenon of globalisation as described above are: Those drivers have primarily been developed in the context of the writing on the internationalisation of the practice of law. They of course can and have to be analogised and extended to other professions and relevant areas in the legal process of globalisation.
Legalization The legal process of globalization has changed the role of law and legal professions substantially because there is a growing legalisation, a growing expansion of law, in the most diversified manner. The applicability of different national legal systems based on the territorial principle moreover has increased the significance of the creation and planning of legally enforceable relations in a neo-liberal context. The spread of information means, the behaviour of international actors in globalization is characterized by an increasing tendency for goods - from an economic perspective - and chattels - from a legal perspective - to be essentially replaced or complemented by information. The approach to the international practice of law, which seeks to take account of the situation will require an integrated approach to communication, which in turn is inherently tied up with information as well as with the modern concept of knowledge management. A driver of the legal process of globalization is the growing interdisciplinary approach. The increasing complexity, specialisation and division of labour has brought about a new interdependence of separate disciplines, which must be integrated both in the practice of and the training for the international practice of law and law in general. The ability to understand and integrate this new inter- and transdisciplinaryity is of great importance.

Professionalisation as a driver means, that changes in the international practice of law in the legal process of globalization are characterized by professionalisation in several respects.Market orientation and commercialization of the legal process of globalization of international law practice is characterized by a fundamental change of perspective as far as providing legal services to private and public actors is concerned. In this case, there is a change of focus to the market and competition (7).

Specialisation means that the huge growth in certain areas of law and an increasing number of legal issues is leading to a corresponding specialisation in the international practice of law in the legal process of globalization, which is having a fundamental impact on professional roles, career prospects, organisation of law firms, fundamental entities such as legal administrations and courts, provision of services by private and public actors and, also, on legal education. The trends to a specialisation in the international practice of law have certain technocratic elements, which sit uncomfortably with the simultaneous demand for judgement - in providing legal services.
Diversification of content, techniques, and style in legal services The need for a conceptual framework remains when we look at the changes in the provision of legal services as such. The change in respect of content, techniques and style in legal services in the international practice of law is marked. The following elements and aspects are simply characteristics of this change and are not intended to be generalisations within any theoretical foundation. The changes include a relative change of emphasis from an activity based around court and administrative decisions to one focused around planning and structuring. Perspective shifts from "content to process", from legal advice to the solution of legal problems and the treatment of issues in a wider context. There is  substantially increased significance of the communicative dimension in dealings with law, the increased need to work together with other service providers in an integrated and interdisciplinary form, and the development of strategic legal advice as a consequence of new management methods and new legal developments. There is also a growing use of information technology. New skills and tools are being developed in the methodology for the solution of legal problems. There is a growing significance of emotional intelligence in the delivery of legal advice, as well as a growing importance of attitudinal elements, such as legal ethics. Overall, there is a continuation of the trend to move from legal consulting to legal management and from legal management to business consulting.

The growth in numbers, geographical reach and specialization of international lawyers and the international practice of law, together with the above-mentioned professionalisation and commercialisation in the legal process of globalization, effectively mean that the professional life of an individual is more and more carried out within the organisational context of a company. The trend for international law firms to become professional service firms means that organisational principles such as "one firm", "one-stop-shopping" and "top-down management" are threatening the effective survival of the "partnership principle" and bring about a marked shift in focus from the persons to the organizations.

Education and training in the international practice of law is being adapted "from a global perspective". This is essentially leading to the internationalisation of education and training. University training is being supplemented by lifelong learning; new networks are springing up of those involved in legal education and further professional training in the international practice of law. Cognitive intelligence is being supplemented by emotional and cultural intelligence. Knowledge skills are being contrasted with activity skills; intellectual, commercial and cultural skills and being contrasted with ethics and attitudinal skills. New technologies such as bio-technology, material and information technologies, call for general and interdisciplinary knowledge of aspects of life either already subject to, or about to be subject to, legal regulation. This trend makes for new professional roles such as the international lawyer as facilitator, as enabler, as process and information engineer, etc.

"Tendency for Americanization" - was and remains a key driver of the legal process of globalization. The international practices of law are now essentially characterised by a tendency for Americanization and beyond that Anglo-Saxonisation. The material seeds of the most recent spread of American legal culture still mark a growing dominance by the United States in a world subject to globalization. Apart from influencing various aspects of foreign and security policy, the economy and the information society, this growing US dominance still has a strong influence on the law, legal education, and the legal professions in the legal process of globalization. This trend is increased by the spread of the English language as the lingua franca in international relations and international trade as well as by the spread of American management methods in both the management of organisations and in management consultancy. There is a growing consensus that these developments require a European response.

As said above, the description of the drivers of globalization effective for legal professions of course have to be analogized and extended to other professions and relevant areas of the legal process of globalization.

1.3  "To take it global" shows a new legal mindset to observe and analyse the "travels" and "impacts" of the legal process of globalization on Swiss law and Swiss legal culture - a globalization - adequate mindset

The search and the analysis of the texts in this part on Globalization and the former research and writings of the editor have led him to believe that the process of "taking it global" show important paradigmatic shift in legal observations and analysis. This has to be included in this  introduction. We have to realise and accept that this phenomenological and analytical endeavor "to take it global" requires a different and a new mindset of the participating observers and analysts with respect to law and legal culturel. This analysis should accept, as Peter Sloterdijk suggests (Peter Sloterdijk, im Weltinnenraum des Kapitals, Frankfurt am Main, 2005), that globalization confronts us with a new absolute imperative, that for the first time mankind no longer is an abstract concept but has a name of a living community (Verkehrsgemeinschaft). The same holds true of Jeremy Rifkin's, paradigmatic trend and turn to an "empathic civilization" (see Jeremy Rifkin, The Empathic Civilization, 2009).

The approach to deal with "the travel of ideas" and the "impacts" of the legal process of globalization has to reflect - and does reflect in a series of texts included in the  Anthology- these changes, which have arisen from an interdisciplinary perspective. The changes, which have been advanced by neighbouring scholarly thinking about globalization, are relevant to the thinking on the legal aspects of the process of globalization as well. This complements and goes beyond taking into account the major consequences of the legal process of globalization of Mathias Reimann's "Brave New World" of law in globalization., The exploration in the "reflection space" requires a new legal mindset to grasp the legal process of globalization and to adequately observe and understand it. The editor calls this a globalization - adequate mindset.

Elements of a Globalization – adequate mindset for seeing and understanding globalization
We speak of an important element of a methodology to the observation and the analysis of "the travels" and "the areas of impact"  We must also accept that it isance of the necessity to include a new "globalization adequate" mindset is of key relevance and as a precondition to understand globalization's influence on Swiss law and legal culture. This area is underresearched with what constitutes a "globalization adequate" mindset and methodology , in our view, not yet developed. The editor in his publications usually refers in that context to the books of Howard Gardner Five Minds for the Future (2006), who introduces categories for a globalized mind such as the disciplinary, the synthesizing, the creating, the respectful and the ethical mind. Gardner asserts that we live in a time of vast changes that include accelerating globalization, mounting quantities of information, the growing hegemony of science and technology, and the clash of civilisations. Those changes according to Gardner call for new ways of learning and thinking in school, business and the professions. In Five Minds for the Future, Garnder defined the cognitive abilities that will command a premium in the years ahead in the continuing process of globalization:

These aspects of a globalization - adequate mindset - as evidenced in the texts under 3.- directly influence aspects of the mindset necessary to understand and write about the legal process of globalization. Books on the corresponding establishment of a globalization - adequate use of interdisciplinary authors are to be found in Jens Drolshammer's essay "The Path to a Turn to the Lawyers" - Amerikanische Konzepte und Ideen, für einen Blue Print "to take it global" in A Timely Turn to the Lawyer? - Globalisierung und die Anglo - Amerikanisierung von Recht und Rechtstexten, Zürich / St Gallen - Baden - Baden, 2009, p. 863 ff.

Elements of this paradigmatic change to a globalization - adequate mindset to observe and understand the legal process of globalization, according Jens Drolshammer in The Global Groove of the Harvard Yard - Personal aspects of the person in the Globalization and the Anglo - Americanisation of law and legal profession (see text 3.20 Americanization) are;
A motivation of legal thought and action in dealing with globalization marked by an exceptional curiosity and openness, which is bottom-up and facts-and issue-driven, and which focuses on legally relevant realities and which is axed on reality and per-sistent in the observation and investigation of this reality - "see it as it works”.

An equal and balanced incorporation of "behaviour' and "effect" alongside the "be-ing" and "acting" of legal actors - all embedded in a special connection between "knowledge" and "activity"
A conscious positioning of legal thought on a meta-level and a deliberate choice of a global perspective and associated with this an explicit making of globalization an academic topic
An understanding of the relevant reality as soon as possible after the event in the le-gal process and a striving simultaneously to tackle and describe change in this legal process as early as possible.

A situational and issue-related use of theory as the foundation of a theoretical con-ceptualization for instance of the New International Lawyers from a global perspec-tive.

A reality based choice of an appropriate interdisciplinarity between different findings of the humanities and social sciences for instance in the concretization of the aspects of person, situation, position and profession of the New International Lawyer.

An academic openness to raise the issue of change from "modern" to "postmodern" in the history of ideas, including the effects of globalization on law and the legal professions, and to include this within an overall perspective.

An imaginative and optimistic "mindset" concerning other key ideas and visions for the future roles of "international lawyers" in globalised international practice - from the "invisible college of international law" to the "visible college of international law" and the "visible college of international lawyers".

These eight findings relate to dimensions of a new and different mindset which have become a part and a precondition of a "globalization - adequate minset" exploration of the legal process of globalization. These findings are rooted in an especially globalized, open "mindset" in a "motivational position" that favours the exploration of legal practice, and a "motivational drive" inspired by curiosity. They are, as a sidermark, at the origin of a significant attraction of American soft and smart power of academic thinking and research in grasping the process of globalization. These eight findings moreover are sources that facilitate the access to the "reflection space" of a personalistic conceptualisation of the new world of international lawyers which is likely to be more adequate and flexible  to respond to the complexities of the legal process of globalization than an approach based on "systems".

For the reader and user we advise to take note of the following particularities evidenced in the texts under 3. below
This world of law and lawyers is not flat (Thomas Friedmann).

Curiosity and mindset so far have been less developed in legal theory and culture, unlike in related social sciences and humanities. While to a large extent national laws and national legal cultures are still the basis of the way to approach globalization, the proposed new mode of observation and description -observed in certain texts of the Anthology already mentioned – is located on a meta-level compatible with globalization. The observations and descriptions on that meta-level take place from a different and new global perspective. Two remarks are important if one "takes it global". Lawyers in general underestimate the difficulties of bringing about the prerequisites of these predispositions in favour of globalization as part of the mindset: and this conscious choice of level and perspective creates other and wider conditions and opportunities for access to the legal of globalization process.These two steps represent a deliberate move away from the more traditional and limited perspectives. This makes it easier for the phenomena of the legal process of globalization to be observed and analysed in a global context.

1.4 Types and examples of "travels" and " impacts" of the legal process of globalization on Swiss law and Swiss legal culture

The following passages are a sketch of the legal process in the timeframe covered by the Anthology under the aspects "routes of travel" and "areas of impact" of the legal process of globalization on Swiss law and legal culture. We first identify elements, which are different from the methodologies applied in the parts on Americanization and Europeanization. They should help to better understand the cbackground and the texts themselves of this part of the Anthology.

The phenomenon of globalization as already stated is broader and deeper and not subjected to a political finality. It is essential and important to identify "routes of travel" and "areas of globalization" of this broader and overall process of globalization and at a later stage, extend the methodological toolkit in that respect. The chronology and the content and style of the texts in the part on Globalization in the Anthology makes one wonder on the timelines of the emergence of the new globalization - adequate mindset necessary to grasp the change in the new world order after World War II. Some biographies at least show an early and sophisticated exposure of the "new world of law of globalization" which are an integrated part of the holistic view proposed.

With regard to additional dimensions concerning "routes of travel" the following may be highlighted.
With regard to globalization, the "travels" in globalization are part of a communication dimension of the international legal process, which is rooted in the pervasive use of the means of communication in information society in the realm of law and legal culture als well. The "travels" have to be viewed as an essential part within a "global - legal - village", in which "the media – is – the message-diffusion" of the legal process is instant and all encompassing. Connected therein is the rise of the function of perception and reputation in legal matters as a new and effective reality of for the dealing with "travels" and "impacts" of the legal process of globalization. In this context, the strongest network in globalization is the English language, the lingua franca of law and lawyers of the "travels" and "impacts" in globalization. In the foreground and sailing the winds of globalization in general are international lawyers as legal actors in various functions such as lawyers in private practice, heads of legal departments of enterprises, justice and regulatory officials as well as members of courts; this opens an option to move away from or  to compliment a system based approach to a person based approach in grasping the legal process of globalization  (see Jens Drolshammer, text 3.20 Americanization).The subcultures of personal legal actors are linked and operate in complex international networks. This constitutes a new modern network theory based phenomenon of "travels" and "areas of impact".  The diffusion of the legal process of globalization has spread beyond traditional concepts of "legal adaptations", "legal receptions" and "legal transplants" in the area of "legal travels" and "areas of impacts" in globalization
The perspective in this part of the Anthology is geographically broader and brings new and other national, regional and supranational regimes of legal cultures into play, which interact simultaneously and bring into the foreground new international organisations as actors such as OECD, WTO, certain organisations of the United Nations. International conferences such as the Hague Conferences, organisations such as the International Red Cross, and specialized international public law based conferences The legal process of globalization has lead to a dynamic internationalisation of the professions of lawyers, the professions of enterprise lawyers, the professions legal and regulatory officials, and of judges as well as the academic world observing and analysing the legal process of globalization The professional organisations of these legal actors have been internationalised, such as the International Bar Association (IBA) and organisations of corporate counsels, the Institute of Financial Accountants (IFA) and the International Association for the Protection of Intellectual Property Rights (AIPPI) some of them being general professional organisations, some of them being specialised professional organisations. At the same time scientific national organisations have become internationalised in various traditional fields of law such as corporate law, tax law, comparative law, procedural law, financial law, property law, etc.

Internationalisations in most parts have lead to an internationalisation of their form and style as well as of their activities. The function of academics has also been internationalised in this way.
The function of law schools has gradually adapted to the needs of the legal process of globalization; new concepts of international and transnational law are addressing transboarder sets of facts. One finds courses of programs in English, with subjects addressing the internationalisation of the parts of law, new programs on the graduate and post graduate levels, new forms of international cooperation between law schools as well as new forms of international institutions of legal educations based on the principle of lifelong learning. The legal process of globalization in particular has become an independent research topic, sometimes as university projects, sometimes as private initiatives. A variety of subjects on international public law and international economic law were gradually extended to deal particularly with the intersections of international and national law as part of the legal process of globalization.

The drivers of globalization described above have a direct and far reaching influence on the professional activities of lawyers as legal actors in globalization and on scholars in academia. Globalization has replaced a former generation of books on legal systems with a dynamic and process and person oriented view. International concepts of autonomy of law as a static discipline have gradually been challenged and supplemented and - at times replaced - by other social sciences, such as economics, international relations and sociology. Judge Richard Posner even has written a book called Overcoming Law that speaks to this evolutionary process within legal theory and practice with Posner speaking  of the partial replacement and displacement – of legal theory in the competitive context of academic disciplines.

New forms of legal regulations and norms come into existence such as standards and standardising soft law, which is distinct to the legal process of globalization. The national, international and supranational concepts such as corporate governance and human rights have appeared and have "travelled" across the countries and legal cultures with a multiplier effect; issue- focused organisations with an international ambition have "travelled" fast and have been formed and operate with a global reach such as Greenpeace, Amnesty International, Human Rights Watch, Transparency International and Médecins sans Frontières etc. Many NGOs have become visible and effective actors of civil society as part of the legal process of globalization affecting the legal process of globalization as well.

In a complex fashion, a globalized information society rises to a priority within international legal issues; new findings and inventions in technical science and in natural science have revolutionised some areas of law.

As we will see below these expressions of globalizations specific follow "routes of travel" and emerge as areas and ways that impacts the legal process. Iinstantly and simultaneously, they become part of the "Denkraum" (thinking space) of Swiss law and legal culture - a historic development without borders.

1.5 Characteristics and peculiarities of dealing with the "travels" of "impacts" of the legal process of globalization in Switzerland

A purpose of this Anthology beyond "selecting" the texts is to describe how Switzerland, as a "small nation," has fared in relation to the internationalisation that has taken part since World War II and how Swiss law and legal culture has been influenced and transformed. Bringing to the foreground the contextual background of the legal process of globalization is an integral part of this endeavour. The Anthology primarly focuses on texts and not institutions and persons. This broader purpose may only be achieved, if before and beyond the texts the characteristics and peculiarities of the background dealing with the legal process of globalization in Switzerland after World War II is at least addressed and sketched with a rough brushfor the purpose of this introduction.

The main observations of the search and choice of the texts in this part of the Anthologyare the following: The selection of texts shows, that the writing of texts has been the prerogative of professors of law and not practitioners in law. The authors of the texts in this part of the Anthology are exclusively Swiss. The texts selected have only been written starting about fifty years after the end of World War II. In view of the complexity of the legal process of globalization the majority of the texts chosen are a patchwork of individual issue related analyses.  Coherent analyses and descriptions cannot yet be found.

The following further observations and comments are worth bearing in mind, that Switzerland traditionally has above average educated and experienced lawyers in various legal professions such as attorneys in international legal practice, general counsels in multinational enterprises, governmental officials working in international matters and judges. Switzerland also maintains above average integration of English as lingua franca of law in professional - and more recently - academic legal processes.

The prevalent inward looking mindset in the post-World-War-II- period in Switzerland was not conducive to an early and timely phenomenological description and analysis of the legal process of globalization and its impacts on law and legal professions. This was in particular due to the novelty of the general nature of the development and its increasing speed of change. This led in certain areas to a suboptimal ability to act and react by the legal actors as well as by the political actors faced with these developments. The writing activities were largely dependent on the mindset and the specific educational and professional activities of certain individual lawyers in practice and in academia. As regards to the exposure to the legal process of globalization the lawyers in practice operate in an above average internationalized economy in Switzerland; they generally "act" and don't "write". Therefore the contributions in the Anthology in the part of globalization are less abundant.

It should be noted that texts on the legal process of globalization in neighbouring social sciences such as economics, international relations and sociology are less likely to be address it interdisciplinarily than some anglo-saxon subcultures that also deal with globalization. At least in the German speaking part of Switzerland, full chairs of sociology and political science and international relations were only instituted in the late sixties and there is less integration of legal thought in these departments than we see  in the anglo-saxon world. In the endeavours to deal with the global legal process of law in Switzerland after World War II a marked inward looking mindset and a desire to keep the discipline of law an autonomous discipline as regard to the developments in other social sciences, was evident.

In that context, one also notes that - contrary to general expection and common knowledge – the actual role of Swiss law and legal culture as an important factor of Switzerland's general competitiveness in dealing with the process of globalization was underestimated and remained subconsious for a long time. The role of law and the importance of the contribution of legal factors in the various reports of competitiveness of nations in the assessment of Switzerland's legal reputation, such as World Economic Forum (WEF), are responsible to an important extent for the above average rankings.

Only recently the legal process of globalization and its impact on Swiss law and legal culture has been made part of a governmental process of communication. Bearing this in mind, one has to note that for a long time Switzerland has suboptimally communicated Swiss law and legal culture to the rest of the world. Only recently has the Swiss government started to translate some new laws into English.

We observe that after World War II eminent Swiss practitioners and professional individuals have reached international positions such as president of the International Fiscal Association (IFA), the International Bar Association (IBA), the International Association of Industrial Property (AIPPI), despite the fact, that the Swiss bar has no members or member law firms, which are international in the true sense. This is another reminder that a broader concept of legal culture has to include - besides institutions - lawyers as legal actors.

In general, Swiss law schools in post World War II times have applied a concept of autonomy to the Swiss legal system and Swiss jurisprudence.  They tend to apply rigid categorisation of legal subjects in the Humboldtian tradition. This generally was not conducive to an open attitude and to flexible adaptability of the curricula vis-à-vis phenomena such as globalization. With these structural and mental limitations of legal science "to take it global" globalization research was hardly a topic on its own andwas certainly not a high priority on the academic agenda. The level of limited interest to initially observe the facts of globalization phenomenologically in legal science has been low. Thus it has not helped to raise awareness of the constant and continous integration and adoption of foreign legal concepts into Swiss law and legal culture in the growing waves on the sea of globalization after World War II. The context of gradual contrarian decline of the academic subjects of comparative law, of conflict of law, and of teaching on foreign law as autonomous academic disciplines is to be noted in Switzerland and elsewhere after World War II. The centre of discourse on globalization in various social sciences gradually shifted into the Anglo-American part of the world and for a long time has almost exclusively been carried out in English. This had an influence on the access to and the accessibility of most modern knowledge and research and did not help to raise the level of awareness of a pressing need to deal with the legal process of globalization in Switzerland. The role of legal institutions and/or libraries as specifically dealing with the legal process of globalization has been small in Switzerland.

A further factor is a decline and disintegration of general courses in law schools and concepts on topics such as international public law, which was dislodged, superimposed and replaced by a gradual fragmentation into subdisciplines. The anglosaxonisation of the dialogue on globalization and the inward looking of the United States regarding international matters in turn made it more difficult to bring relevant contributions of other legal systems into play in the present day discourse on the legal process of globalization. However, the tide has obviously turned in certain areas. In Switzerland many courses are nowadays taught in English. There are a number of law schools that offer double degree programs in cooperation with non-Swiss universities and have a considerable network of academic institutions in the world. European law and specific parts of Anglo American law such as the discipline of economic analysis of law have made inroads into Swiss curricula. There has been a marked increase in the number of foreign law professors teaching and conducting research as visiting professors in Swiss law schools. These factors have contributed to a general awareness of the implications of globalization on the legal process and its impact on Swiss law and legal culture arising.

This overview of aspects of the legal process of Globalization would be narrow and shortsighted.if one would not briefly look at the actual legal process of globalization and its impact on Swiss law and legal culture by legal actors in private and public legal practice. This includes a view of the Swiss as internationally active attorneys, general counsels of Swiss multinational enterprises and international legal officials and judges.

Switzerland has an above average population of internationally experienced and internationally educated legal practitioners. This reflects the general internationality of the Swiss economy and the society as a whole. One million Swiss live within the EU, another half a million in the rest of the world. Switzerland is in several OECD countries number one or close to in the ranking of the direct investments. Switzerland has, compared to its size, an above average manpower active in multinational enterprises. Switzerland plays an above average role in some of the specifically important markets in globalization, such as the financial markets. Contrary to general expectations, there are aspects of Swiss law and legal culture, which are internationally relevant in the legal process of globalization, such as international commercial arbitration, the tradition of choice of law in certain areas of international contracts, the regular use of Swiss legal forms of associations and cooperatives to organise multinational service organisations in Switzerland etc.

The direct and indirect exposure of the various legal professions to the legal process of globalization is in our opinion more intense and more direct in legal practice than in legal academia.In general, those practitioners have profound knowledge of and experience in the process of globalization. This is not reflected in the Anthology of texts because in general they do not write, be it for reasons of business secrecy, sometimes merely because of time restrictions or due to a systemic lack of interest in the academic community in their activities. It is shown in the selection of texts in the chapter on the trends to Americanization, that there is a substantial presence of practitioners who generally have also held academic functions . In this context, we see internationally above average sophisticated general counsels and enterprise lawyers, above average experience in governmental officials as well as judges. The selections in this Anthology make a point to reference their activities in relation to foreign laws. As outlined above, Swiss legal practitioners have been presidents of the IFA, the IBA and the AIPPI. Several Swiss governmental lawyers or professors have been lead prosecutors in international criminal tribunals, presidents of the Iranian Claims Tribunal and have been General Counsels of the General Secretary of the UN. These sociological facts, which are an important part of Swiss legal culture, have to be factored in when one assesses how Switzerland fared in the dynamic internationalisation and the international legal process of globalization after World War II. Therefore we make a case in the Anthology for the inclusion of institutions and persons beyond texts in the assessment of a broad spectrum of effects on Swiss law and legal culture, of which written texts are special elements contributing to a broader concept of legal culture.

1.6 Characteristics and peculiarities of the selection of the texts and of authors in the Anthology writing on the process of globalization of Swiss law and legal culture

The editor, as said at the outset is a pilot, driver or captain for the reader and user of this Anthology. He facilitates the access and the walking through the various roads he might take in obtaining information on the process of Americanization, Europeanization and in this part Globalization of Swiss law and legal culture. Since the Anthology uses new methods of knowledge generation and management and especially since it inclludes cotemporary developments there naturally occurs a problem. Namely the knowledge generated by such new methods in the first stage has not yet been further analysed by the academic or professional community. The process of making the Anthology itself however, produces an agenda for possible further analysis and research on the processes of Americanization, Europeanization and Globalization. It seems to be inefficient and unrealistic to wait until such further analysis and research has been elaborated in the community of scholars before highlighting their importance. The editor therefore takes the liberty to use as an essential element of guidance with some preliminary observations that are relevant to the use of the Anthology. This is all the more warranted in view of the lack of a systematic and coherent present analysis of the phenomena. From this vantage point we summarise a few basic information on the type and style of texts found and on the education and profession of the authors of such texts in the ensuing part on Globalisation in particular. The basic information of the contents of the texts found are contained in the paragraphs "background" and "summary" for each text.

In general the following findings may be mentioned:
Most of the texts have been written for special occasions and on special topics. It is therefore difficult to have an overall view in the Anthology of the phenomena in Switzerland of the specific avenues of "travels" and "impacts", because they do not deal with the processes of Americanization, Europeanization and Globalization as such. Most of the texts are short and have been published in traditional academic publications of law. Only a minority of the texts are excerpts from major publications such as monographs. The majority of the authors are Swiss. The texts by and large have been published by Swiss publishers, which is a revealing element of the "Swissness" of the attempts to selectively grasp the process of Americanization, Europeanization and Globalization after World War II. Because of an earlier direct exposure of international lawyers and members of the legal administrations in international legal matter, new trends of "travels" and "impacts", have generally first come to the attention of practitioners and only later to internationalists in academia. As regards to the process of globalization this area has been almost exclusively dealt with by law professors or by practitioners having parallel academic appointments. The majority of authors of texts work in the German speaking part of Switzerland. Exceptions are the texts written in the institutional environment of Lausanne and Geneva, which are situated in the French speaking part. Under a concept of legal culture it is necessary and advisable, to turn to the biographies of the authors, which are an integral part of the Anthology. There is a high correlation between internationalist educations and/or international professional activities and authorship in the Anthology. The phenomenon of Americanization, Europeanization and Globalization therefore can only be grasped, if the user follows the gradual internationalisation after World War II of the legal education and the professional activities of the authors represented in the Anthology. Under the broader aspect of legal culture the same holds true for a necessary inclusion of the institutional environments in Switzerland catering to international legal matters. It has to be noted, that only a small number of the texts of the Swiss and non-Swiss authors have been written in the period directly following World War II either written or translated into English. It is only roughly forty years after World War II that more texts have been directly written in English. The part on Globalization finally contains a series of texts, which really"took it global"; They deal with specific contributions of Swiss lawyers to the international discourse of the legal process of Globalisation, as well as with specific examples of "outbound travel" of elements of Swiss law and legal culture.

In the context of a standalone concept of the various categories of comments of the editor, he advises readers and users to first read the parts "background" and "summaries" on all non-English texts contained in the Anthology.

The trend to globalization is and was important in Swiss law and Swiss legal culture. There is little systematic and theoretical writing on this phenomenon as well. Switzerland is a small country actively taking part, in the world and therefore being under these influences of the developments of the world, which fare under the metaphor of globalization. Compared with the phenomena of Americanization, this area is even more under- researched; therefore hardly any systematic analyses concerning the influence of globalization on Swiss legal culture exists. Under the weight of political, societal, economic and legal reality, this has started to gradually and slowly change in the past twenty years.

It is suggested, that the reader first starts with the texts on the phenomenon of Europeanization, then continues with the texts on the phenomenon on Americanization, and only then reads or uses the texts on the phenomenon of Globalization.

In this part of Globalization, we suggest to proceed as follows:. If the reader is interested in the general challenges of globalization as an overall view of the challenges of globalization of law, legal practice, legal education and legal research within Switzerland, he may start with text 2.8 of Thomas Cottier. If he wants to take note of the Impact From Without, he should continue with Thomas Cottier (2.20) dealing with the influences of the international developments on the governmental structure and the legal system of Switzerland.Hans Ueli Vogt in text 2.10 gives a theoretical insight into the relation of law and globalization from a national and global perspective. In view of the far-reaching issues of constitutional law brought about by the legal process of globalization the final text of Daniel Thürer, 2.09 is an interesting essay dealing with three paradoxes of the formation of the Swiss Constitution in 1848, showing the actuality of the necessity to understand the historical demensions of the development of constitutional conceps in and for the age of the legal process of globalization. Heinrich Koller, the former Director of the Federal Office of Justice of Switzerland, gives a distinct overview of the effective influences of globalization on Swiss legislation 2.16 in the area of economic law. Peter Murray's and Jens Drolshammers text in 2.14 on the education and training of an new International lawyer  in the internationalization of practice, contains a description of the effects and offers an agenda for the changing of  legal education in globalization. In view of the fact, that the effects of globalization are vastly underresearched, the text of Jens Drolshammer in 2.12 suggests, that globalization itself and on a meta-level should become a general object of scientific research; he does that by analogizing the idea to a Globalization Project in the Kennedy School of Government of Harvard University. Using concepts of Constitutionalism in International Economic Law, Thomas Cottier in text 2.11 attempts to link international, supranational, regional, national and subnational actor. This is an other example of conceptualization in the unfolding process and  work in progress in which Thomas Cottier's work also deals with the call for an intellectual framework to cope with present and future challenges to overcome the classical discussion and to bring about a more coherent interaction of different regulatory lawyers including international law and global relations. On a more outwardlooking perspective, the reader and user may turn to the texts under A) Effects and impacts of Siwss legal culture on the legal process of globalization. Swiss law and legal culture had several manifest influences on the legal process of globalization outside the borders of Switzerland. Pierre Tercier (text 2.1) explains as the dean of the law school to students the radiation of Swiss law in the world. A reader and user more theoretically interested may turn to Max Rheinstein (text 2.2) who describes types of receptions. In the aftermath of a conference of the International Association of Legal Science held in Istanbul in September 1966, the famous comparatist prepares an answer to the – unanswered,  - key issue of the conference, whether Turkey has undertaken a reception of the substantive provisions of the Swiss Civil Code or of a broader area of Swiss law. Jens Drolshammer/ Nedim Vogt (text 2.3) offer short observations as to how and where Swiss law internationally has been important internationally. is contained in Jens Drolshammer/ Nedim Vogt (text 2.3). The importance of Switzerland's commercial arbitration of Switzerland for the world at large is addressed in text 2.4 by Marc Blessing. At the annual meeting of the Swiss Lawyers Association of 2012 on the topic of Swiss law facing the challenges of international and European law Carl Baudenbacher (text 2.6) has listed a few areas of law, which have been exported out of Switzerland. Peter Nobel in text 2.5 sheds light on the interesting phenomenon , that the majority of institutions dealing with international financial law are based in and work out of Switzerland. He asserts that, Switzerland thereby is the hidden thinktank of that important field of law. If the reader is interested in the active involvements of Switzerland in international law, he may turn to Raymond Probst, text 2.7 "Good Officies" and inform himself of the variety of involvements of the Swiss government in this area, mediating and arbitrating international conflicts or acting as spectre of governmental interests in international crisis. In f) Further impacts and challenges ahead, the reader and user may find fundamental and general aspects of Swiss law and Swiss lawyers participating in the forefront of the legal process of globalization. The texts of Jean Nicolas Druey (2.17), Herbert Burkert (2.18) and John Palfrey and Urs Gasser (2.19) comprise an academic case study of the international recognition and acceptance of the St. Gallen approach to information law. The text 2.13 of Thomas Cottier, the co-editor of the Journal of International Economic Law, after the financial crises of 2008 puts forward an agenda for further research and action in key parts of international economic law.

 [The international radiation of Swiss law]

a) Background

The text was published in the Zeitschrift für Schweizerisches Recht (Journal of Swiss Law), the leading law journal in Switzerland. In the text Pierre Tercier speaks to the students at the dies academicus, as Americans would say, the day school starts. It deals with the Swiss perspective on the radiation and importance of Swiss law internationally and deals with actual contributions of Swiss law to other legal systems and legal cultures. The text forms a bridge to the contributions of Peter Nobel  and Carl Baudenbacher in this chapter and of the collection and texts of Peter Häberle, Heinrich Schneider and Denis de Rougemont in the chapter Europeanization which deal from a Swiss and non-Swiss perspective with the potential contributions Swiss law might offer in a European context based upon its history.

Pierre Tercier is an Emerite Professor of Civil Law with a bilingual background at the University of Fribourg. His international education and academic professional activities, including international commercial arbitration as President of the court of Arbitration of the International Chamber of Commerce, took him far beyond his activities Switzerland.

b) Summary

The text seeks to incite the curiosity of law students in Swiss law by looking at its effects and influences in the past outside of Switzerland. It argues, that in times of notorious insecurities about one's own identity, law as an eminent social cultural phenomenon should be recalled into reality and lead to a more affirmative attitude of the students, teachers and practitioners towards law and legal culture in Switzerland. The influence of Swiss law outside of Switzerland is primarily analyzed from a private law perspective and explained by the almost literal adoption of the codification of Swiss civil law by the Republic of Turkey in 1926. It is an interesting fact, that the law of a country, which at the time of formation of the codification had 3.5 million inhabitants, should govern the private relationships of a country, which at that time already had 60 million of inhabitants. From a dynamic perspective the growth of the population and the increasing influence of Turkey well beyond its borders, this influence could reach, according to Pierre Tercier, 125 million people today.

Pierre Tercier also looks at the international influences of penal law, bankruptcy law and above all constitutional law and finally business law, which have traveled far beyond the Swiss borders. The text states some specificities of Swiss law which might be at the source of this travel, migration and export of law such as the fact, that the law is simple, its language is direct, and that Swiss law is open and broad in its wording.  The text addresses issues of quality of Swiss law. It notes the multinationality and multiculturality of the law and its important links to European traditions and raises the question, if the success of Swiss law outside of its border has anything to do with its privileged position of Switzerland in the history of the past centuries. Pierre Tercier notes the decrease of this influence of Swiss law abroad and advocates that it is an eminent task of universities to open the eyes of students to the internationalization of law and legal work and to give them confidence in grasping these phenomena. According to Pierre Tercier, law is a hidden sociopolitical treasure the potential of which is often underestimated.

c) Text

You can find a scan (PDF) of the original text here:
G_2.1_TERCIER_Rayonnement

a) Background

The text at hand was written immediately after a meeting of the International Association of Legal Sciences  held in Istanbul in September 1955. It deals with the "typology of receptions", a key issue of theoretical comparative law. One of the most vividly discussed questions at that meeting was that of deciding whether in the great legal reforms of the 1926's Turkey had received the legal system of Switzerland as such and as a whole or just the Swiss Civil Code. The text first was published in Annales of the faculté de droit d'Istanbul (1956), pages 31 to 40. The text merits particular attention today since the taking over of the Swiss Civil Code in 1926 has evolved from a secular state in which Islam plays a new key role and since Turkey is applying to become a member of the European Union which at times is contested in major member countries of the EU.

Max Rheinstein had a thorough knowledge and a keen interest in Swiss civil law. The text Marriage breakdown in Ticino and Comasco was a text in point, an inquiry provoked by what was believed by the post-World War II hype of divorce at its heights in the United States. Max Rheinstein wrote the text as a member of a commission instituted by the American Bar Association. In the text, Max Rheinstein used American driven and legal sociology based methods to analyse among others, the question if there is a relationship between the substantive provisions on "reasons of divorce" and the "rate of divorce". Max Rheinstein elaborated his discussions with Swiss and Italian experts and chose as an area of analysis the region at the Swiss-Italian border, constituted on one side by the Swiss Canton of Ticino and on the other by the Italian provinces of Como and Varese. The divorce law of the two countries differed widely while religious and socially relevant aspects were similar. On both sides of the border, the people speak Italian and in so far, as they are indigenous, do not seem too different. On both sides of the border the economic structures are similar and in both regions Roman-Catholicism is the predominant religion. The regions occupied the southern slopes of the Alps and the nearby plains. Out of the thorough analysis taking into an account of data and knowledge on Swiss law, Rheinstein found no relevant relationship between the substantive "reasons for divorce" and the "rate divorce" in the two jurisdictions.

Max Rheinstein (1899-1077)  is a towering figure and international Lawyer. In September 1933 Max Rheinstein left Germany and went to the United States to study at Columbia University and Harvard Law School on a Rockefeller Foundation fellowship. Upon its completion in 1935 he chose to remain in America. He developed an international reputation as a legal expert in the areas of international and comparative law, family law, conflict of laws and the law of decedent's estates.

b) Summary

The text of Max Rheinstein Types of Receptions addressed the question  whether Turkey had received the legal system of Switzerland or just the Swiss Civil Code. It explores various dimensions of the theoretical concept of "reception" in comparative law. Rheinstein worked out a clarification of the issue by an attempt to more closely define the meaning of the term "reception".

Rheinstein argues, that various types of receptions ought to be distinguished from each other. If we have these various types in our minds, it may be easier for us to determine the role of Swiss law in Turkey.   The text argues that the distinctive feature in all cases of reception in which it is justified to speak of reception is the consciousness of the process. Consciousness in this context does not mean that the adoption must necessarily be achieved by one single act intentionally performed such as the taking over of the Civil Code of Switzerland into Turkish law in 1926.

In unfolding the typology of receptions, Max Rheinstein excludes similarities due to independent parallel developments. According to Rheinstein it might be appropriate to eliminate those numerous cases in which legal phenomena where a given legal climate are consciously introduced into a different one, but without voluntary adoption. In other words, according to Rheinstein, the imposition of a law upon a conquered or otherwise dependent nation by an external dominant group should not be called reception. The text expounds that this phenomena, which Rheinstein calls imposition, can occur in various ways.  In this text, Rheinstein further distinguishes from reception in the strict sense of the word and argues for a distinction of the situation, which might be called the transplantation of legal phenomena. The exclusion is followed by a series of examples. According to Rheinstein therefore "imposition" and "transplantation" constitute phenomena, which produce effects similar to those of reception, but in their inception they are different. The term "reception" should preferably be preserved to those situations in which legal phenomena of one legal climate are consciously and willingly adopted into another legal system.

Regarding the term "legal phenomenon" Rheinstein argues, that in this connection, contrary to that of reception, it becomes necessary to be more specific because it seems that the characteristics of reception were greatly depending upon the kind of legal phenomena which are being received in a particular case. As in the case of imposition, the subject matter of reception may be constituted by just one single sentence of a single statute, or the total of the codes and the statues of the model country or any group of legal roules lying in between these extremes.

The text then differentiates the receptions of one particular statute and the reception of an entire code as the codes of Germany, France and Switzerland. The text further argues that in none of the countries of origin did the coming into existence and taking over of these codes constitute a radical brake from the legal past. All three codes, those of France, Germany and Switzerland, rather appear to be consolidations, unifications and modernizations of pre-code traditions. The enactment of none of them required a total shift to new methods of legal thought. The receptions in countries belonging to the same traditions were not accompanied by any changes, which would have been more far-reaching than those which had occurred in the mother countries of the code adopted. The Swiss-Turkey relationship in mind, the situation is different according to Rheinstein when a western code is received by a country where traditions of legal thought and method have been markedly different from those of Modern Western Europe. "It is in the context of such receptions that we are alerted to the fact that there are receptions which are characterized not so much, or not only, by the adoption of the contents of statutes or codes of foreign origin, but by the adoption in one legal system of a method of legal thought which have so far been characteristic of another legal system".

The basic observation of legal phenomena in such context of reception is analysed based upon the observation that the great legal systems of the world are characteristically different from each other; not so much by the confluent of the rules of substantive law as by the method in which the administration of justice is organized and the ways in which the work of the minds of those men by whom the particular system of administration of justice is dominated. The work entitled Economy and Society of Max Weber called these men the legal honoratiores as regards to and in connection with the reception of the Swiss Civil Code in Turkey. Rheinstein ends with this element statement: "The decisive feature of the "Reception" was thus the combination of the reception of a great code with that of a new method of legal thought as brought about by the replacement of one group of legal honoratiores by another. Similar effects can be expected to occur in the Islamic countries in which there has occurred not only the adoption of Western codes but also the substitution of jurists trained in the scholarly methods of Western legal thought for the older group of theological-legal honoratiores of Islamic traditions."

c) Text

You can find a scan (PDF) of the original text here:
G_2.2_RHEINSTEIN_Types of Reception

a) Background

The text at hand is an essay in the form of a short book. It contains an extensive bibliography for further references. In the introduction the authors state that for years there has been an intriguing tendency in many aspects of today's worldwide legal profession towards an ever-increasing Anglo-Saxon influence as well as a growing trend of Americanization. This is of course particularly the case concerning European legal professionals and academics. However, it is not just this un-European process of "Anglification", but also the growing American dominance and pre-eminence of the Anglo-American culture that lawyers in the international practice of law have to deal with, exposed as they are to the challenges of these new realities and the internationalization of the practice of law in their day-to-day professional lives.

The function of professional legal English has fundamentally changed in recent years: English has become the legal field's lingua franca. This new reality has not only had a great impact on all legal professionals within a particular jurisdiction but also on the jurisdiction of its legal system itself. Very little is known about the "travels" and the mechanics and the wide impact of these new realities, particularly if one considers its enormous significance. In a changing world, there will be a need for new awareness and new strategies in the area of legal education, legal research, legal scholarship and the international legal professions. The ever-growing importance of the English language increasingly affects our society. This of course must also be seen in the context of many initiatives to deal with the larger issues of the function of the English language in our society, our daily life and the education of our children - English being presently the strongest network of the "brave new world" of Americanization as well as of Globalization.

The authors make the following suggestions and proposals for the multidimensional task of coping with the new realities of legal English. The authors favour an issue-driven and topical approach. The authors do not claim to have embarked on an academic adventure in the traditional sense. Many of the statements are based on observations and experiences, not on survey and research. The essay is meant to serve as a quarry to provide building blocks, gravel and sand for further discourse or analysis. It is inspired by the following working hypothesis: Law follows language and language often carries the law: Now is the age of Anglo-American Law and of English as the language of law.

Jens Drolshammer is an emeritus Professor of Law at the University of St. Gallen and a former founding and senior partner of an international commercial law firm in Zurich. He practiced internationally for many years dealing with issues of American law and legal culture. He has co-created at the University of St. Gallen a post-graduate masters program in European and international business law. In the past 15 years, he has focused his research activities and writing on the effects of globalization and americanization on law and - in particular - on legal professions. He has worked in that context from 1999 to 2008 seven times in the fall term as a Swiss visiting research professor at the Center for European Law Research at Harvard Law School, developing a new personalistic approach in analyzing effects of globalization, which lead to the publication of twenty essays in A Timely Turn to the Lawyer? - Globalization and the Americanization of Law and Legal Professions - Essays (2009).

Nedim Vogt has been a senior partner of a large commercial law firm in Zurich until 2010. He has an international education: he studied at Harvard Law School and worked for two years as a lawyer in a law firm in New York. He has been a well-known teacher of law at the University of Zurich from 1989 to 2011. He is the author, co-author and editor of numerous books and articles on trusts and inheritance law as well as on contracts and civil procedure. He is also the co-editor of a new series of commentaries on Swiss law.

Vogt and Drolshammer have been professional and personal friends for many years. They have embarked on several projects on the internationalization of the legal profession as well as on the role of language in law and on legal professions in general such as Swiss Law Bibliography, English Language Materials on Swiss Law (2005) and the text at hand, English as the Language of Law, an Essay on the Lingua Franca of a Shrinking World (2003). This essay was volume one of a once-planned series called Transatlantica - culture, language and law in a Transatlantic Context. This project, despite its prominent international advisory board for commercial reasons, did not succeed. 

b) Summary

The text situates the issue in the Internationalization of Practice of Law as an example and highlights the importance of English as a legal language. The text analyses the current use of the English legal language by the legal professions. It particularly highlights the international impact of Swiss law as well. It describes the relevance of legal English for Switzerland as a reality for the legal professions and identifies "potentials" and "constraints" of the use of English as a legal language in Switzerland. The text postulates elements of a strategy to deal with English as a language of law in general as well as the particular needs for a strategy in the area of legal education and legal research, legal professions and legal professional associations. The text then turns to further challenges in an age of globalization behind the lines, in view of the under researched issues of law of the interdependence and interlinking of the dimension of law and the dimension of communication in a globalised legal world in the information age.

The text deals with issues such as: Defending Europe: The Necessity of Communication in English, which states that it will become increasingly important for non-English speakers and for non-Anglo-Saxon jurisdictions to be able to communicate their own values and concepts of legal systems, professions and education in English in order to make themselves heard and understood by the English-speaking community. The form of international oriented self-defence or self-assurance will be an important and considerable challenge in the near future. The text ends with a call for further action from a trans-Atlantic perspective.

The book cites a quotation of George Steiner from his seminal essay: "After Babel, Aspects of Language and Translation" at the very end, which strikes yet a more subtle chord: "Both in 1975 and 1992, I sought to conjecture as to the polyglot future in the face of the global detergence by an Anglo-American Esperanto, itself splitting into more local though cognate forms. Thus one is tempted to suppose that the triumphalism of science, of technocracy, of international finance and the mass-market media will assure the long-term hegemony of Anglo-American (computer languages reflect and enforce this prepotence). Reality, however, is always subtler and more ironic than our suppositions. It may well be that the Tower of Babel will continue to cast its creative shadow."

c) Text

You can find a scan (PDF) of the original text here:
A_2.54_DROLSHAMMER_English as the Language of Law

a) Background

The text at hand is a short excerpt of an introduction of the book by Marc Blessing Introduction to Arbitration, Swiss and International Perspectives, which appeared in English in 1999. It is a precise overview of Switzerland's current important - even leading - position as one of the most sought after countries in which to conduct international arbitration proceedings. If in any field of law Swiss law and legal culture nowadays has a visible and important impact on the legal process of globalization, it is in commercial arbitration.

Marc Blessing has been a partner of a Swiss international law firm for many years. He is an eminent specialist in arbitration, having acted as an attorney before arbitration tribunals and in particular as an arbitrator, often as president of arbitral tribunals. He has written widely on the subject and is the author of the main commentary on the Swiss Arbitration Act. He has actively shaped Switzerland as a forum for international commercial arbitration and is internationally known and well connected. He was the president of the Swiss Arbitration Association, the representative professional association of commercial arbitration in Switzerland.

b) Summary

Marc Blessing's text gives the historic background that led to Switzerland securing a key role in international arbitration. It covers public law arbitration and a series of cases, which have taken place in Switzerland. It contains a brief description of the acknowledged legal culture, which is the basis of Switzerland's competitive position as a principle location for commercial arbitration in the legal world.

c) Text

You can find a scan (PDF) of the original text here:
G_2.4_BLESSING_Swiss Traditions and Legal Culture

[International institutions in banking and finance law in Switzerland]

a) Background

The text at hand appeared as a contribution to the Schweizerischer Juristentag 2012 (The annual meeting of the Swiss Lawyers Association), which had as a leitmotiv "Das schweizerische Wirtschaftsrecht vor der Herausforderung des internationalen und des europäischen Rechts" (Swiss Economic Law facing the challenges of International and European Law). This annual event is the most representative and important event in Swiss law and legal culture and has a great tradition. The Swiss Lawyers Association at great intervals turns to the position of Swiss law and Swiss legal culture in the changing world. It chose for the third time in Geneva in the year 2012 as its theme the position of Swiss law and legal culture in the internationalising world of law after World War II. In 1988 in Bern, the annual meeting dealt with the "Schweizerische Rechtsordnung in ihren internationalen Bezügen" (the Swiss legal system in its international dimensions), see text 2.34 Rezeption des Schweizerischen Rechts of Wolfgang Wiegang in the part on Americanization. The annual meeting of the Swiss Lawyers Association in the year 2000 in St. Gallen had as a leitmotiv "Globalisierung und nationals Wirtschaftsrecht" (globalization and national economic and business law) out of which the text of Heinrich Koller, at the time the chief legal official of Switzerland, on the globalization and internationalization of Swiss business law 2.38. In this part on globalization, the reader can also find an excerpt of the text 2.6 by Carl Baudenbacher - Emerite Professor of Law at St. Gallen University and the President of the EFTA Court - "Contribution of Swiss law to Foreign, International and European Law".

The text of Peter Nobel is an excerpt of the report on Swiss law faced with the challenges of international law, banking, and financial markets law, which is a sophisticated tour d'horizon on the osmosis and influences of international developments in this important part of Swiss law and legal culture. The excerpt is a timely and interesting description of Switzerland being the home and the base of action, for a series of prominent international organisations dealing with banking and financial markets, which together with the GATS agreement in services of the WTO, according to Nobel, make Switzerland the "development centre" of international finance market law. The text provides evidence that, despite the growing one way street in the processes of Europeanization and Americanization, Swiss law and legal Culture plays an important role in the new globalization of law.

Nobel's text points to the fact that Switzerland is a base of institutions important in the legal process of globalization of law. Baudenbacher in his report to the annual meeting of the Swiss Lawyers Association highlights this as well in his preliminary remarks. In that context, he mentions, that for over 100 years, Switzerland has been home to international organizations. To the present, it has signed 24 headquarters agreements. Geneva is a veritable Mecca for international organizations, the entities of the UN and WTO constituting the most important examples. Moreover, there are some 250 NGO's which have been granted consultative status by the UN. According to Baudenbacher, it is particularly remarkable that Switzerland was the second seat of the UN after New York as well as the seat of GATT long before the country itself became a member of these organizations.

Peter Nobel is a Professor Emeritus in Private, Commercial and Economic Law at the University of St. Gallen and a Professor of Law at the University of Zurich. He is a leading attorney and has experience as a judge at the commercial court of the Canton of Zurich and as an official in the former supervisory Commission of Banks. He is a prolific writer and author of numerous legal texts, an organiser of academic conferences and Editor-in-Chief of the Schweizerische Zeitschrift für Wirtschaftsrecht (Swiss Journal on Economic Law).

b) Summary

The excerpt of the text by Peter Nobel focuses on the influences and radiation of Swiss law and legal culture as a base for international organizations in banking and financial market law. Nobel describes and analyses international institutions and organizations dealing with that part of international banking and finance markets law. Switzerland in that context, according to Nobel, is an active and passive participant in the international legal development. He remarks that this aspect is unconscious as well as under-researched.

The text describes the Bank for International Settlements (BIZ), the Basel Committee on Supervision of Banks and the Basel System, the Financial Stability Board (FSB), (formerly Financial Stability Forum (FFSF)), the International Association of Insurance Supervisors (IAIS), the Joint Forum and the WTO with the services agreement of GATT. In his conclusion Nobel uses the title "Switzerland as development center of international financial markets law". Despite the fact that many important conferences and meetings of those organizations do not take place in Switzerland, Nobel remarks, that most of the work, proposals and concepts are developed in the working groups and working committees of these international organizations, which basically operate within Switzerland. Moreover the organizations carry out their day-to-day operations on Swiss soil and their management activities come out of Switzerland. These institutions have become key international actors in the legal process of globalization and internationalization of international financial markets law.

c) Text

You can find a scan (PDF) of the original text here:
G_2.5_NOBEL_Das Schweizerische Recht

a) Background

The text at hand is an excerpt of a report to the Annual Meeting of the Swiss Lawyers Association in 2012, with the theme Swiss Economic Law Facing the Challenges of international and European law. (see also text 2.18 of Carl Baudenbacher in the part on Europeanization) As described in the background 2.4 of Peter Nobel's text, the annual meetings of the Swiss Lawyers Association are an important event of Swiss law and legal culture and , the appointment as a rapporteur is a once in a life time honour for a Swiss lawyer. The Swiss Lawyers Association has a tradition of occasionally addressing the position that Swiss law and legal culture has in the legal process of internationalization and globalization. In 1988 in Bern, the leitmotiv was "Die Schweizerische Rechtsordnung in ihren internationalen Bezügen" (The Swiss legal system in its international dimensions). In St. Gallen in 2000 the leitmotiv was "Globalisierung und nationales Wirtschaftsrecht" (Globalization and national economic and business law) and in 2012 in Geneva "das Schweizerische Recht vor der Herausforderung des internationalen Rechts" (Swiss law facing the challange of international law).

Baudenbacher's excerpt is remarkable in the context of the process of globalization because it addresses aspects of influences of Swiss law on foreign law - contrary to the public opinion and contrary to the perception of the growing one-way street in the process of Europeanization and Americanization. The dimension of the transfers of law of Swiss law and legal culture in the legal process of globalization is often forgotten.

Carl Baudenbacher is an emerite Professor of Civil, Commercial, and Business Law at the University of St. Gallen. He is active in the fields of Swiss, European, and international business law, international dispute resolution, and globalization of law. Baudenbacher places special emphasis on unfair competition law, intellectual property law, company law, labour law, EU/ EEA fundamental freedoms, and comparative law. He is the Director Executive of Masters of European and international business law MBL - HSG. His most visible and prominent function is the presidency of the EFTA court. Baudenbacher is an outspoken scholar, often criticising Switzerland.

According to Carl Baudenbacher, Swiss law has an impact on foreign legal orders, whether national, international or European, both on the legislative as well as on the judicial level. Amongst the most significant Swiss contribution is the fact, that for over 100 years Switzerland has been home to international organizations. To the present it has signed 24 headquaters agreements. Geneva is a Mecca for international organizations, the entities of the UN and the WTO constituting the most important examples. Moreover, there are some 250 NGOs which have been granted consultative status by the UN. According to Carl Baudenbacher it is particularly remarkable that Switzerland was chosen the second seat of the UN after New York as well as the seat of the GATT long before the country itself became a member of these organizations.

The excerpt of Baudenbacher on contributions of Swiss law to foreign, international and European law highlights the importance of the Swiss civil code as follows. The most prominent examples are Turkey, the Unfair Competition Act, the Exclusive Distribution Rights to Compensations for Client, the issue of Dept Brake. The text further addresses the prominent position of international arbitration in Swiss law and legal culture throughout history until present day. It describes a series of prominent public arbitrations as well as the arbitrators and the friendly legal framework of the Private International Law Act, having a selective and great influence on certain foreign laws. Baudenbacher also deals with the export of investment law, describes the specific role of humanitarian international law and addresses (with a question mark) the issue of direct democracy as an export hit.

(As regards the international importance of Swiss commercial arbitration see the text 2.4 by Marc Blessing and on the general international radiation of Swiss law see the text 2.1 by Pierre Tercier.)

b) Summary

According to Carl Baudenbacher, Swiss law has an impact on foreign legal orders, whether national, international or European, both on the legislative as well as on the judicial level. Amongst the most significant Swiss contribution is the fact, that for over 100 years Switzerland has been home to international organizations. To the present it has signed 24 headquaters agreements. Geneva is a Mecca for international organizations, the entities of the UN and the WTO constituting the most important examples. Moreover, there are some 250 NGOs which have been granted consultative status by the UN. According to Carl Baudenbacher it is particularly remarkable that Switzerland was chosen the second seat of the UN after New York as well as the seat of the GATT long before the country itself became a member of these organizations.

The excerpt of Baudenbacher on contributions of Swiss law to foreign, international and European law highlights the importance of the Swiss civil code as follows. The most prominent examples are Turkey, the Unfair Competition Act, the Exclusive Distribution Rights to Compensations for Client, the issue of Dept Brake. The text further addresses the prominent position of international arbitration in Swiss law and legal culture throughout history until present day. It describes a series of prominent public arbitrations as well as the arbitrators and the friendly legal framework of the Private International Law Act, having a selective and great influence on certain foreign laws. Baudenbacher also deals with the export of investment law, describes the specific role of humanitarian international law and addresses (with a question mark) the issue of direct democracy as an export hit.

(As regards the international importance of Swiss commercial arbitration see the text 2.4 by Marc Blessing and on the general international radiation of Swiss law see the text 2.1 by Pierre Tercier.)

c) Text

You can find a scan (PDF) of the original text here:
G_2.6_BAUDENBACHER_Swiss Economic Law

a) Background

The titles of the chapters of the treaties are; "Good Offices", "Good Offices and neutrality", "Good Offices": The Swiss experience, Swiss arbitral activity on the basis of the international treaties, Good Offices of a political nature, the protecting power, the "Geneva Mandate" of the "Protecting Power", new forms of general "Good Offices" and "some final considerations". The text at hand is an excerpt, it covers chapter III "Good Offices", the Swiss Experience.

The text reproduced describes the tradition of "good offices" offered by Neutral Switzerland to the solution of international disputes. It has been one of the main instruments of the non-aligned country. "Good Offices" are not easy to grasp and to classify. It is no longer possible to get to the root of the matter by means of legal notions alone. The treatise   The text at hand is based not an academic knowledge but on practical experience. Raymond Probst's concept of international law is strongly moulded by his professional experience. The  treatise  reflects the experience of a Swiss Diplomat, "Good offices" being a concept, which brings positive effects for a small state committed to permanent neutrality. The instrument has been increasingly challenged as conciliation moved to international organizations, in particular the United Nations. It gradually left its traditional frame and moved into other pragmatic, political and even humanitarian spheres.

Raymond Probst was a lawyer and diplomat of Switzerland. He was born in Riga (Latvia), and got his doctoral degree in international law at the University of Berne. He had many diplomatic functions, among others Assistant Legal Advisor to the Swiss Ministry of Foreign Affairs, 1957-1966, Deputy Head, Political Affairs Directorate, 1967-1976, roving Ambassador of the Swiss Government for Trade Negotiations, 1976 to 1980 Swiss Ambassador to the United States of America and from 1980 to 1984 Secretary of State, Swiss Ministry of Foreign Affairs. Until his retirement he was President of the Swiss Foreign Relations Association and a member of the International Committee of the Red Cross in Geneva. He had various appointments in the Economy.

b) Summary

The text at hand is an excerpt, it covers Chapter III: Good Offices: The Swiss Experience. The chapter deals with "good offices" in Swiss history and the history of the use of these legal instruments; "good offices" and mediation; with conciliation and arbitration; with international jurisdiction; the changing force of international arbitration and finally Switzerland's active contribution to International Arbitration. The text at hand describes the Swiss practice of "good offices" in detail. The chapter is full of specific examples, illustrating a vital and recognised instrument of international law as part of Swiss foreign policy. "Good offices" are an important contribution of Swiss law and legal culture to the legal process of internationalization and globalization.

[Is globalization itself becoming a field of research?]

a) Background

The text at hand is an excerpt from a book by Jens Drolshammer. It is the final part  looking into the future: Wird die Globalisierung selbst zu einem Forschungsfeld? (Will globalization itself become a field of research?). The text reflects the lack of awareness on globalization, at the time, in the legal profession in Switzerland, both academic and practitioners, due to traditional structures in education and professional life. We recall the statement by Wolfgang Wiegand in 1988, that at the time when he started his research on the issues of the reception of American law, he did not find any legal scholarly text whatsoever dealing the phenomena in Switzerland. As a modest early bird in addressing the teaching needs, Drolshammer at the time of writing the essay, besides being a visiting research professor at the Harvard Law School, starting in 1999 and from 2003-2008 was a regular and frequent guest at the Kennedy School of Government of Harvard University in particular in the Centre for Business and Government. He was faced with an entirely different way and different quality of addressing globalization in an academic institution in which forty percent of students and thirty percent of professors are non-Americans. In response, as an argumentative strategy and way to raise consciousness of the issue in Switzerland, the text was written for a Globalization Studies Project at the Kennedy School. The Kennedy School of Government is a policy school in which the phenomenon of globalization became a key teaching and research topic early on and was an excellent place to develop such a text.

b) Summary

The text is an agenda oriented call for action to make a major step in research in view of globalization to make it in itself a proper topic of research. The text uses the document by analogy of a scientist in charge of a research project of the Kennedy School of Government of Harvard University.

The following quote from Alfred North Whitehead, an eminent American scholar in mathematics, philosophy of science and education, speaks to the ethos of Jens Drolshammer's text: "That the faculty has to cultivate is activity in the presence of knowledge. What students have to learn is activity in the presence of knowledge. This discussion rejects the doctrine that students should first learn passively, and then, having learned, should apply knowledge. It is a psychological error. In the process of learning, there should be present, in some sense or other, a subordinate activity of application. In fact, the applications are part of the knowledge. For the very meaning of the things known is wrapped up in their relationship beyond themselves. This unapplied knowledge is knowledge shorn of its meaning. The careful shielding of a university from the activities of the world around us is the best way to chill interest and to defeat progress. Celibacy does not suit a university. It must make itself with action."

The text at hand analogizes the application orientation in teaching to a research orientation; the description of the then research project is identified in the text as a whole. The text argues that the lawyers, who are known as "legasthenics of progress" in teaching (Thomas Hoeren) in view of globalization should not become (legasthenics of progress) in the field of research as well. The text reproduces a project document on a Globalization Studies Project of the Centre of Business in Government of the John F. Kennedy School of Government of Harvard University. The text is worded by the then executive director of the project, Neil Rosendorf. The text proposes to develop guidelines of research to reach goals of education such as: the internationalization of education such as compatibility, comparability and competitiveness in view of increased interoperability in the fields of research on globalization in Europe as well. The text attempts to bring about a new research mind-set, new research topics and new research networks and hopefully produces an adequate European answer to the preponderance in the field of American leading universities.

c) Text

You can find a scan (PDF) of the original text here:
G_2.20_DROLSHAMMER_Globalisierung

a) Background

The text at hand is a scholarly article written as a joint venture among personal and professional friends with a similar professional record and experience. Peter Murray and Jens Drolshammer have worked together at Harvard Law School as well as at St. Gallen University with both originally having been exclusively practitioners in the international practice of law. In that sense the text is bottom-up, issue-driven, practice and experience-based and contains a forward-looking agenda. The text has appeared in a book, conceived and co-edited by Jens Drolshammer, The Internationalization of the Practice of Law (2001), in which practitioners and academics from all over the world have contributed  on the topic of the internationalization of the practice of law. The text partially is reflected in and related to Jens Drolshammer's book The Effects of Globalization on Legal Education (2003), which outlines an agenda for conceptualizing the "new international lawyer". Murray and Drolshammer's text is similar to the text of Thomas Cottier, which also addresses the challenges of globalization for law and for legal education. The specific link to Switzerland of the text, among others is the link to the pioneering Executive Masters program in European and International Business Law at the University of St. Gallen and the Masters of International Law and Economics Program at the World Trade Institute at the University of Bern. The Swiss scene is an interesting one to observe in connection with the internationalization of education in law and in business. In observing, analyzing, reconfiguring, and reconstructing legal education in times of globalization, one wonders about the relevance of sayings such as – "From knowledge to activity: "Freestyle" for the Few or an "Obligation" for All Time?". In the context of effects and impacts on Swiss culture on the legal process of globalization, these programs have to be counted as contributions to the legal process of globalization by Swiss educators and in particular to non-Swiss lawyers,  participating as students in those programs.

b) Summary

The Education and Training of a New International Lawyer is rooted in the authors' years of experience in private practice and in teaching at law schools on international matters. As a contribution to the effects of globalization on law and legal professionals, it focuses primarily on the international practice of law. The text is descriptive and prescriptive containing an agenda for a reconstruction of legal education in view of globalization.  It describes the growth of the international law practice from a transatlantic perspective. It then describes functions and challenges of the lawyer in international practice and specifically addresses key questions of educational pursuit: What should an international lawyer in international practice know? It then gives an overview over forms of existing education and training for international law practice. It finally deals, from an agenda oriented perspective, with the question of how we might better educate and train lawyers for the international practice of law.

The text particularly focuses on postgraduate education and training for international law practice, an area in which Switzerland was remarkably creative and active from an early stage. The text ends with considerations on Creating a Culture of International Law Practice and ends with a provocative suggestion, "As lawyers look to the new millennium, we look at a very small world which will have to be governed by law or will relapse into chaos. Our ability to transcend national boundaries, languages, cultures and prejudices to provide a legal framework, which can govern relations among the world's citizens, will be vital to our very survival. The growth of a legal establishment educated and trained to work internationally as 'new international lawyers', will foster commercial convenience and advantages now, but will be indispensable to life itself tomorrow."

a) Background

The text at hand is a scholarly article. It appeared in a Liber Amicorum f, (a Festschrift of friends) for two senior partners of the law firm Bär & Karrer under the title Reflections on the International Practice of Law (2004). The text was written by Jens Drolshammer based upon a working paper drafted in 1999 during his first year at Harvard Law School as a visiting research professor. The text is a first layout for a personalistic conception, describing and explaining globalization in law by explaining what the key legal actors do, in the present context the international lawyers in law firms. In coping with the challenges in a network society an active stance on the part of the community of lawyers working in the international practice of law is of great importance. Their professional situation confers to those professionals the most credible legitimation to more-over transform this self-reflection into a conceptualized view of what the new international lawyers should be. This leads to a dynamic and open process of inquiry and formulation of an understanding adapted to the complexities of the ongoing changes in a globalized world of law.

b) Summary

The text proposes to embark on an inductive and modular generalisation in the multilevel and multidimensional task leading to knowledge and opinions of the legal process on a meta-level corresponding to the state of internationalization and globalization in law. It suggests doing so based upon a new approach focusing on the individual lawyer, the law firms and the multifaceted networks, among those lawyers acting internationally, contrary to traditional approaches that are focused on legal systems. This elevates, as an option of analysis, the individuals to pivotal actors shaping this new reality and brings to the foreground these actors complimentary contributions to an approach focused on systems.

Under the heading: What are the key drivers of the changes in the international practice of law?, the text identifies a series of factors such as globalization; legalization; the spread of information; the growing interdisciplinary approach; professionalisation; market orientation and commercialization; specialization; diversification of content; techniques and style in legal services; institutionalization and organization; international emancipation of education and professional roles and - this is of paramount importance here -  a "Tendency for Americanization".

Under the heading: What key abilities should an international lawyer working in the international practice of law be educated and trained in? Globalization requires an extension of the education and the faculties and skills of the international lawyer to cover abilities of "knowledge" and "skills" in the area of cognitive, emotional and cultural intelligence reconstructed from a global perspective as well. As a result of globalization, there is an added need for a business and law-related ability to internationalize that above all includes inter-functional and interdisciplinary interaction between law as an advisory function and management as a decision-making function. The following areas of competence, which sometimes overlap, are dealt with in the article: legal knowledge and comprehension - from knowledge to comprehension; practical and communication skills - from ability to action as well as judgment, finality and attitudes.

Under the heading: "What key knowledge and capabilities should an international lawyer entering in the international practice of law have?", the text highlights the key areas of knowledge and capabilities such as: training and practice in national substantive law, training and practice in other legal systems, the ability to conduct legal research on foreign law, an understanding of international legal professions, a knowledge of the relevant foreign languages, an interdisciplinary background knowledge and general education and on site and on the job experience in international transactions.

Under the key heading of the text: "Is there a need for conceptualizing the situationality of a "new international lawyer from a global perspective"? Jens Drolshammer argues for commensurate conceptualization. There have been many reasons, why this has not been done so far. The text argues a key shift a paradigmatic change in the legal professions, the emergence of the phenomena of networks, and the emergence of the phenomena of integration. In doing so, it develops a first blue print of a methodology to conceptionalize the new international lawyer. Ultimately, the text identifies the major elements of an agenda to develop such a blue print of a methodology and postulates that this intellectual endeavor should encompass a proper vision under the flag of forming a "College of International Lawyers".

c) Text

You can find a scan (PDF) of the original text here:
G_2.15_DROLSHAMMER_College of International Lawyers

[Globalization and Internationalization of Swiss economic law - The effects in national legislation]

a) Background

The text is one of the lead texts from the annual meeting of the Swiss lawyers associations in 2000. It is an honour for a lawyer to be asked to be a contributor and presenter. Professor Heinrich Koller's text was part of a group of four presentations under the lead title Globalisierung und nationales Wirtschaftsrechts (Globalization and National Economic Law). It is the first time that this topic has been addressed officially and presented to a great number of readers and participants of the annual meeting of the Swiss Lawyers association. These reports are published in the Schweizerische Zeitschrift für Recht (Swiss Journal of Law). The written text is a scientific article. At the annual meeting the rapporteurs limit themselves to present an oral summary on the topic at the outset of a plenary discussion.  The text is an overview and overall assessment of the effects of globalization and international economic law by the highest legal official of Switzerland.

b) Summary

At the outset Heinrich Koller describes his understanding of the special characteristics of globalization beyond internationalization, transnationalization and supranationalization. He argues, that globalization differs from the past with respect to the controlling concepts, the principle actors as well as the extent and the consequences for the economy, society and government. The points of references in globalization are no longer the nation states, but the world as a whole. The political assessment of the phenomenon is controversial. The opinions on the perspectives and the options for action are controversial as well. Koller opts for a pragmatic middle solution and favours for this argumentation a nation state with a strong government.

With regards to the challenges and the effects of globalization to deal with the challenges of the process of globalization on government and law, development is undeniable and requires analysis and action by government and law. In that context according to Koller, the importance of international law is growing. Among the new tendencies observed are a trend to Europeanization and Americanization and a trend of bilateralism and "package solutions." Displacement of legal innovation on an international level is an important trend as well.

As regards to the effects of globalization on legislation, the text summarizes with a series of pertinent and specific examples of developments in the past ten years. Koller notes, with reference to legislation, these important changes in Swiss economic law: have passed without resorting to referenda; that the competitive pressure on Swiss economy to adapt has not ceased; that Switzerland adapted international standards in many international treaties; that the market oriented renewal of the Swiss economy has been effected in several steps and that the ability to adapt has not been hindered by the democratic system.

At the conclusion, the text addresses issues and effects of a trend toward deregulation, a trend toward a greater density and a multiplicity of legal norms, a trend toward the rapprochement of public and private law. Koller finally notes that these developments have led to the creation of adequate forms of organizations and solutions. Koller underlines the necessity of an incontestable flexibility for reforms to be realized in the relationship between government and the economy in facing the challenges of the process of globalization. In assessing the effects of globalization, he finally notes marked changes in the allocation of power within the legal system and in the allocation from nation-state to international levels as regards to the determination of the substance and the procedure of how law comes about.

c) Text

You can find a scan (PDF) of the original text here:
G_2.16_KOLLER_Globalisierung

[The relationship between information and law]

a) Background

The text written by Jean Nicolas Druey is a chapter taken from his seminal book Information as a Subject of Law (Information als Gegenstand des Rechts, 1995).  The excerpt needs to be read in a broader biographical and philosophical context.  Druey is a "man of the books" who is bilingual and gifted with many talents, including a concert diploma in music. He witnessed with scepticism the technological transition from an analogue and offline information environment to the global digital network society, which has been accompanied by an explosion of the societal perception value of "information" as its building block.  This positive charging of the information phenomenon has also been reflected in an increasing number of legal and regulatory provisions-ranging from a new generation of data protection laws to farreaching disclosure and transparency regimes-aimed at capturing, channelling, allocating and relying upon information in almost all areas of life.  Against the backdrop of these tectonic shifts, Druey's book starts with a critical discussion of the relationship between law and information, with the central observation that information-despite the legal system's enormous "appetite"-is a horse difficult to catch.  The reasons are manifold and both phenomenological and normative in nature.  First, law is itself information, a fact that puts limits to any attempt at creating a comprehensive information order (an idea that was considered by German scholars).  Second, information (in its multiple dimensions, with Druey borrowing from Speech Act theory) ultimately needs to be interpreted in a human context, where fundamental rights and values demand that the legal system constrains itself with regard to the enclosure of information. Another aspect is worth mentioning:  Perhaps surprisingly, and certainly against the mainstream opinion at the time of publication, Druey argues that information is not a value in itself, but rather value neutral from a legal perspective, as information might also have negative effects in case of low quality, depending on context and circumstances.  This normative point is particularly important as it suggests that law should not have any a priori position vis-à-vis information-which also means that there cannot be a general default position in favour of information flow, regardless of the perception value generally attributed to information.

At the core of Druey's book is a careful analysis of various legal institutions that play a key role in regulating information, regardless of their provenance and place within the legal system.  It is this cross-sectional discussion that sets the stage for a theory of information law spanning across all areas of law, bridging private and public law-a feature of the St. Gallen School of Information law, but unusual given the contemporary practice of continental European scholarship to focus on clearly delineated sub-disciplines.  The analysis of information-regulating institutions and a diverse set of associated materials (including case law from various jurisdictions) confirms the initial observation that the nature of information (especially its subjectivity and contextuality) makes it very difficult for law (aimed at objectivity and generalization) to deal with information.  Consequently, Druey's attention shifts to the question from what sources appropriate norms aimed at governing information can be generated, and through what mechanisms (with an emphasis on procedures) they can be "imported" into the legal system, with the goal to facilitate between the contextual information phenomenon on the one hand and the law on the other. Druey's next book is expected to provide a deep dive into communication-born norm genesis and the circumstances in which such norms crystallize into legal norms.

His ground breaking oeuvre offers a fundamental theory of information law, and serves as the foundational piece of the so-called "St. Gallen School of Information Law", which is describe in more detail here. This school of thought travelled widely beyond the borders of Switzerland and is now acknowledged and accepted as state of the art. After his retirement, the information law approach has been further developed and in important respects it has been expanded, by a network of collaborators and doctoral students associated with the Research Center for Information Law, which was founded by Druey in 2001 and collaboration with a small number of St. Gallen faculty members and a doctoral student. The following three texts provide a reading sample authored by the three most active contributors to the St. Gallen school of information law: Jean Nicolas Druey, Herbert Burkert, and Urs Gasser.  The inclusion of John Palfrey, a former director of law at Harvard Law School and a former rector of the Berkman Center for Internet and Society should bear witness to the fact that the school has reached a state of transnational acceptance.

Jean Nicolas Druey is a professor emeritus of the University of St. Gallen and former legal counsel to the ATAG - now Ernst of Young, large international accounting firm based in Zurich. He started his career as an in-house lawyer with the pharmaceutical company Hofmann-La-Roche, but spent most of his professional life in academia. At the University of St. Gallen, he taught private and commercial law for over two decades, and from time to time offered doctoral seminars in information law. Druey gained an international reputation in the scholarly community for his important contributions to Swiss and European corporate group law (Konzernrecht) and generations of students and practitioners have appreciated Druey's work based on a leading treatise on Swiss obligation law as well as a textbook on the law of succession he authored.  Later in his career, and after more than twenty years of research dating back to his time as an LL.M. student at Harvard Law School, Druey set a milestone in another, less well-known field of law by publishing his seminal book "Information as a Subject of Law" (Information als Gegenstand des Rechts).

b) Summary

The text at hand is the second chapter of Jean Nicolas Druey's seminal book "Information as a Subject of Law" (Information als Gegenstand des Rechts).  The chapter is embedded in the opening part of the book under the header "Phenomenon" and explores in fundamental ways the relationship between information and law. Typically for Druey's scholarship, the text is written in a very concise manner - each sentence, in fact, each word was carefully chosen. As such, the relatively short chapter (pp. 29-43) resembles an accordion: The insight offered in the text almost magically expands and unfolds as the level of sophistication of the reader increases.

The main phenomenological insight is frontloaded (p. 29): The relationship between information and law is bi-directional, as law is itself a particular type of information.  Consequently, law is both higher- and lower-ranking vis-à-vis the information phenomenon.  The conclusion that Druey draws from this observation is both straightforward and fundamental: Information in its totality (think of it as the entire information universe) cannot be regulated by and through law.  To put it differently: As law is itself information, it cannot capture all of it; law's access to information needs to be limited for a phenomenological reason (later in the book, Druey discusses in detail the normative reasons why law should not aim to capture and regulate information - and needs justification for doing so in specific circumstances).

Building upon the fundamental insight as to law's quality of being information, Druey further specifies the relationship. First, he clarifies that law consists of norms, and therefore law is a special type of information aimed at ensuring socially adequate behavior. In other words, law is not any kind of information, but information that is authoritative. In a second step, Druey focuses on the flipside of the relationship between information and law that is at the core of the book: information as a phenomenon within law. The key point here is that even if law is information, and even if it has only limited access to information (having the blind-spot of being information itself), it has the power to regulate information. In fact, information in the human context, and therefore also law, has the inherent intent to regulate information, according to Druey (note that it is here where the impact of Speech Act theory on Druey's thinking – see above, context – becomes visible for the first time in the book; however, without an explicit reference yet.) The next section takes a closer look at this "information within law" dimension by discussing the various alternatives that law has when approaching information. Druey calls these alternatives "strategies" and outlines four basic approaches (and some variations of them):

• Global strategies, including distribution, allocation, and protection of information.

• Partial strategies, including process-oriented interventions (e.g. in the context of procedural law through information obligations); the structuring of information flows in organizations; and the granting of exclusivity rights regarding certain types of information (e.g. protection of trade secrets).

• Informational participation in the context of communities - such as information sharing during marriage - and the question as to what extent the being part of a community triggers legal obligations of information sharing.

• Protection against informational "violence", where law protects against certain informational acts that would do harm (examples include defamation or deception).

Chapter two ends with reflections on the ways in which information serves the law. The basic point is that information serves law by providing the key mechanism for law's primary function: to settle conflicts through non-physical means - or at least by putting the "message" first, before potentially following up with physical means in case of non-compliance with law. Further, Druey characterizes information as the basic condition for the functioning of the legal system: Wherever law aims to regulate, information about the law (norm information) needs to be disseminated in order to have a governing effect. While information serves a key function within law, Druey also points out that there are several limitations on how information can be instrumentalized for law's purpose.  Among the problems is that the effect of any information on its recipient cannot be determined from the outset, as human information processing is a highly contextual and subjective process. In this chapter, Druey introduces the phenomenological leitmotif as far as information and law is concerned, upon which he - like a composer and concert pianist (see background) - further elaborates throughout the book in a series of highly sophisticated variations that add value and much nuance to the general theme. Perhaps most importantly, however, the chapter makes a strong and novel point that - even regardless of (culture-specific) normative barriers such as, for instance, freedom of thought or speech - law cannot regulate information in its totality due to phenomenological reasons

c) Text

You can find a scan (PDF) of the original text here:
G_2.17_DRUEY_Verhältnis Information Recht

a) Background

The text at hand is the farewell lecture of Herbert Burkert at  the University of St. Gallen , Burkert provides the first comprehensive description of the "St. Gallen Approach to Information Law".  In this remarkable lecture, Burkert also addressed why this approach was tried in St. Gallen:  "For one, as early as the 80s, scientists and practitioners in the areas of law and computer science met here on a semi-regular basis in a long tradition of so-called 'law and information circles'. In addition, the University of St Gallen is a place in which computational economics, business, and communication sciences have historically been and still are in close dialogue with legal studies. And finally, one shouldn't forget that the university encourages such collaboration; it is an essential element of its didactic and research strategy. For this reason, the term 'St. Gallen Approach' seemed justified to us and we use it in international Background."

Burkert is among the earliest and most internationally respected legal scholars from the German speaking part of Europe who has devoted much of his legal thinking and writing to the systematic analysis of information law as an emerging interdisciplinary field at the intersection of law, technology, markets and social norms.  Burkert published several highly influential books and articles on information law.  His publications on public sector information, for instance, have had a deep influence on the respective OECD guidelines and principles, respectively.  He was also involved, as part of an initiative by the European Commission, in the development of the code of conduct for social networking platform providers in Europe.  Among his most recognized contributions are his studies on freedom of information and data protection laws in Europe (including Switzerland).

At the Research Center for Information Law, Herbert Burkert teamed up with Urs Gasser to further sharpen the contours of the St. Gallen School of Information Law by developing a methodological core for it (also known as the "St. Gallen Approach to Information Law"). The concept of Information Law goes back to the 1970 and originally had a markedly technology-related connotation with a strong emphasis on the phenomenon of automation-assisted data-processing and the problems of social controls of information associated with the altered distribution of information in society.  Subsequently, the focus of attention shifted away from a technology-centric view towards a broader understanding of Information Law, defined as the sum total of the legal norms that relate to information, including its production and processing, storage, conversation, transfer, reproduction, use and consultation.  Topics associated with information law are many and various, and include the infrastructure, content, ownership, identity, data protection, participation, and ethical debates, among others.

b) Summary

The text at hand is farewell lecture of Herbert Burkert's held at the University of St. Gallen in October 2012.  In this highly sophisticated speech, Burkert not only synthesizes decades of research and collaborative work conducted among researchers affiliated with the St. Gallen Research Center for Information Law, but takes information law theory to the next level.  In fact, the text is the first attempt aimed at describing in detail the information law method as it emerged in the St. Gallen context-a method incubated by Jean Nicolas Druey and tested out in practice by Burkert and Urs Gasser in particular.  Burkert's farewell lecture is full of nuances, but also addresses fundamental questions about the relationship between law and information as well as between information and constitutional law.  The focus of this summary is on the methodological argument presented in the paper.  Building upon practical examples, Burkert describes what he calls an information-functional approach (informationsfunktionale Betrachtung), consisting of three steps or phases.  The analysis of an information phenomenon which is scrutinized by the legal system-take, for example, laws aimed at informing the public about certain environmental or health risks, or the interpretation of laws about the role and obligation of national archives-starts with the description of the underlying information model:  Where is  the information about what is generated and distributed over what media, with what purpose, and for which audience?  The second phase of the analysis includes two elements.  One element focuses on the information model identified in the first step, which is now analysed with regard to possible functional problems:  Do we observe, for instance, breaks in the communication medium, flow, semantic shortcomings, inadequate dissemination, or threats to its integrity?  The second element looks at the (existing or proposed) legal norms in question and tests them for their effectiveness:  Which information intervention mechanisms will the regulation make available?  How and in which way will the relevant regulations intervene in the information processes?  How functional are such interventions in regard to problems identified in the information processes? Which malfunctions do they eliminate?  Do alternatives exist?  Again, depending on the question, this stage involves an evaluation, whether and to what extent a given or projected legal instrument is functionally suited for solving existing or predicted information problems.

In a third and final step, the functional analysis-including, potentially, alternative functional solutions-are evaluated against the legal-normative framework conditions.  Questions include:  What normative information structuring principles can accommodate functional considerations as needed and be implemented with the appropriate legal regulations? At which point must constitutional law be appealed?  For this purpose, the normative framework-in particular constitutional law, but also other sources of (information) law, including norms born out of interaction (in the sense of Druey's theory of sources of information law)-must be examined and the values extracted that we consider important for evaluating and constructing societal information flows.  In the text, all three steps are illustrated by a number of case studies and examples.  In sum, the information law approach presented in Burkert's farewell lecture combines elements of system analysis, which utilize the process-oriented methods of computational economics and administration information technology, directs evaluations at information flows and, if applicable, appeals to constitutional law.

c) Text

You can find a scan (PDF) of the original text here:
G_2.18_BURKERT_Verfassungsrecht DE

a) Background

The texts at hand, represents two chapters from the latest book by Urs Gasser and John Palfrey Interop: The Promise and Perils of Highly Interconnected Systems. They are exemplary for the fruitful transatlantic collaboration between Gasser and Palfrey and the international adoption of some of the core ideas that emerged in the context of the St. Gallen Approach to Information Law. In Interop, Gasser and Palfrey explore the immense importance of interoperability-the flow of information across technological systems and components-and show how this principle will hold the key to our success in the coming decades and beyond.  Interoperability has been facilitating innovation and economic growth for centuries. The standardization of the railroad gauge, for instance, revolutionized the flow of commodities, the standardization of money revolutionized debt markets and simplified trade, and the standardization of credit networks has allowed for the purchase of goods using money deposited in a bank half a world away. These advancements did not eradicate the different systems they affected; instead, each system has been transformed so that it can interoperate with systems all over the world, while still preserving local diversity.  As Palfrey and Gasser show, interoperability is a critical aspect of any successful system-especially in the digitally networked environment. Today we are confronted with challenges that affect us on a global scale: the financial crisis, the quest for sustainable energy, and the need to reform health care systems and improve global disaster response systems. The successful flow of information across systems is crucial if we are to solve these problems, but we must also learn to manage the vast degree of interconnection inherent in each system involved. Interoperability offers a number of solutions to these global challenges, but Palfrey and Gasser also consider its potential negative effects, especially with respect to privacy, security, and co-dependence of states; indeed, interoperability has already sparked debates about document data formats, digital music, and how to create successful yet safe cloud computing. Gasser and Palfrey demonstrate that, in order to get the most out of interoperability while minimizing its risks, we will need to fundamentally revisit our understanding of how it works, and how it can allow for improvements in each of its constituent parts.  The authors argue that there needs to be a nuanced, stable theory of interoperability-one that still generates efficiencies, but which also ensures a sustainable mode of interconnection.

Gasser's collaboration with John Palfrey, who serves as Head of School at Philips Academy Andover,  has been professionally and personally impactful. Before his transition to Andover in 2012, Palfrey was vice dean for library and information resources and the Henry N. Ess III Professor of Law at Harvard Law School, where he led a reorganization of the library in 2009.  Both experts in the field of emerging technologies and born in 1972, Palfrey (who graduated from Harvard Law in '01) met Gasser in 2002 during his LL.M. year at HLS while serving as the Berkman Center's Executive Director.  Ever since, they have collaborated closely on a broad variety of research projects, resulting in numerous papers and two books.  An important aspect of the collaboration has been the building of a transatlantic bridge-between research institutions, colleagues, but also methodologies and school of thoughts.  Towards this goal, Palfrey and Gasser initiated a series of annual expert workshops co-hosted by the Berkman Center and the Research Center for Information Law, with participants from the US and Europe.  Under the metaphor "Learning a Foreign Language" as an umbrella term, the two organized a series of well-remembered events around some of the hardest problems in the digitally networked information society, including workshops on interoperability, youth and creativity, surveillance, digital methods, and the future of consumer protection, among others.  The St. Gallen Approach to Information Law played a key role in the framing of these workshops and in the discussions.  As part of collaboration, Palfrey was appointed Visiting Professor at the University of St. Gallen, and Gasser-while at St. Gallen-Faculty Fellow at the Berkman Center. and later Professor from practice at Harvard Law School

b) Summary

The following two excerpts from John Palfrey's and Urs Gasser's Interop are the final chapter entitled "Architectures of the Future: Building a Better World" and the book's conclusion "The Payoff of Interop as Theory." Both are taken from the final section of the book entitled "Solving for Interop".  They are aimed at synthesizing the main themes and key findings as outlined in the context section above, but approach this task from two different angles.  The "Architectures of the Future" chapter builds upon the interop framework developed in the book-using, for instance, the layer-model of interoperability as an analytical tool-and applies the lessons learned to three information architectures that will heavily shape the solution space of some of the most pressing problems humankind faces-from climate change and healthcare crisis to the preservation of the world's knowledge.  The three future architectures are "cloud computing", the "smart grid", and the "Internet of Thing".  They illustrate from both a very practical as well as highly strategic perspective the importance of the right degree of interconnectedness.  Without enough interoperability, so Palfrey and Gasser argue, these systems will not come into being or won't provide effective solutions to some of the most challenging societal problems.  If they are made to be too highly interoperable, by contrast, new problems such as unprecedented security and privacy risks might emerge-potentially at very high societal costs.  The authors discuss these future-oriented examples to show the practical importance of getting interop right as a matter of theory when aiming at "building a better world", but also to show the enormous complexity and difficulties we face in the public and private sector when designing optimum interoperable systems.

The conclusion of the book takes a different approach by taking a step back from the questions of future IT infrastructures and discussing more broadly how the theory of interoperability can be used in policy debates.  The authors suggest four uses:  First, interop as a high level theory sheds light on what tends to go right and what can go wrong with complex systems that rely upon a constant exchange of information, often mediated by digital and networked technologies.  Interop as a theory, for instance, demonstrates that the proper functioning of systems, which seem to be dominantly technical in nature, often heavily depends on how well human beings and institutions can work together.  Second, interop as description-studied from the bottom up-gives insights into the concrete mechanics of specific interoperability problems based on a series of case studies (which the authors made available online), including decision-making processes, divergent motivations of players, cultural differences, and international power play.  Third, interop as prediction helps company executives and public policy makers by enabling them to better anticipate the consequences of certain design choices and actions-for instance related to the use of intellectual property in the context of online services or products, or when engaging in IT procurement processes-both in the private and public sectors.  Finally, Palfrey and Gasser highlight the normative aspect of any theory:  The study of interop can inform decision making about what the most promising approach might be to any given interop problem-be it higher quality health care, more efficient traffic systems, or improved energy infrastructures.  The authors conclude that the theory of interop "should push us, as individuals and as societies, to acknowledge and address the costs and benefits of deep interconnections..." and "...understand ... the implications of the failure of complex systems to work together in optimal fashion", in order to help us "as we work together, across our many roles and functions in society, to fashion the kind of world in which we wish to live."

The part Bibliographical References is an important feature of the Anthology assisting readers and users in pursuing further research. The body of the selection of biographical knowledge as regards to Globalization is an integral part of Swiss legal culture.

Texts in the Chapter on Globalization

This bibliography follows the structure and the sequence of the texts in the part on Globalization.

Pierre Tercier, 'Le rayonnement international du droit Suisse' Zeitschrift für Schweizerisches Recht, (1999), p. 1-9.

Jens Drolshammer/Nedim Vogt, 'English as the Language of Law? An Essay on the Legal Lingua Franca of a Shrinking World'; excerpt: VI the international impact of Swiss law, p. 28-31.

Marc Blessing, Introduction to Arbitration - Swiss and International Perspectives (Basel 1999); excerpt: II Swiss Traditions and Legal Culture, p. 63-66.

Peter Nobel, 'Das Schweizerische Recht vor der Herausforderung des internationalen Rechts, Bank- und Finanzmarktrecht', excerpt: B, Zweiter Teil: Die wesentlichen Institutionen, Elemente und Ergebnisse der Internationalisierung, I Internationale Institutionen in der Schweiz, in Schweizerischer Juristentag 2012, Das Schweizerische Recht vor der Herausforderung des internationalen Rechts, Zeitschrift für Schweizerisches Recht (2012) Heft 2, p. 199-213.

Carl Baudenbacher, ‚Swiss Economic Law Facing the Challenges of International and European Law', excerpt: G: Contributions of Swiss Law to Foreign, International and European Law, in Schweizerischer Juristentag 2012, Das Schweizerische Recht vor der Herausforderung des internationalen Rechts, Zietschrift für Schweizerisches Recht (2012) Heft 2, p. 646-660.

Raymond R. Probst, "Good Offices", in the Light of Swiss International Practice and Experience (Dordrecht/Boston/London 1989) excerpt: Chapter III, "Good Offices": The Swiss Experience, p. 17-70.

Thomas Cottier, 'Die Globalisierung des Rechts - Herausforderungen für Praxis, Ausbildung und Forschung' Zeitschrift des Bernischen Juristenvereins (1997), p. 217-236.

Thomas Cottier, 'The Impact from Without: International Law and the Structure of Federal Government in Switzerland' in Peter Knoepfel, Wolf Linder (Hrsg.), Verwaltung Regierung und Verfassung im Wandel, Gedächtnisschrift für Raimund Germann (Basel, Geneva and Münich 2000) p. 213-230, reprinted in Thomas Cottier, The Challenge of WTO Law, Collected Essays (London 2007) p. 371-390.

Thomas Cottier, 'Multilayered Governance, Pluralism and Moral Conflict' Indiana Journal of Global Legal Studies (2009) p. 647-679.

Thomas Cottier, 'The Constitutionalism of International Economic Law' in  Karl M. Meesen (ed., in cooperation with Marc Bungenberg and Adelheid Puttler), Economic Law as an Economic Good, Its Rule Function and its Tool Function in the Competition of Systems (München 2009) p. 317-333.

Jens Drolshammer, 'Wird die Globalisierung selbst zu einem Forschungsfeld?' in Jens Drolshammer, Verlangt die Globalisierung eine Neuausrichtung der Forschung? Beispiele von Forschungsfeldern im Bereich Recht und Management aus der Sicht eines Internationalen Lawyer(Basel 2003) p. 378 & p. 432 - 437.

Jens Drolshammer, A Timely Turn to the International Lawyer? - Globalisierung und die Anglo-Amerikanisierung von Recht und Rechtsberufen - Essays (Zürich andSt. Gallen 2009) (major part in English language since description of Kennedy School of Government Globalization Projects).

Peter L. Murray and Jens Drolshammer, 'The Education and Training of a New International Lawyer in the Internatinalization of the Practice of Law' in Jens Drolshammer and Michael Pfeifer (eds.), The Internationalization of the Practice of Law (The Hague, London and Boston 2001) p. 289-328.

Jens Drolshammer, 'A College of International Lawyers in a Networked Sociaty? The Need for Conceptualisation of the New International Lawyer from a Global Perspective'  in Jens Drolshammer, A Timely Turn to the Lawyer? - Globalisierung und die Anglo-Amerikanisierung von Recht und Rechtsberufen - Essays (Zürich and Baden-Baden 2009) p. 601-632, first published in Reflection on the International Practice of Law, Liber Amicorum for 35th Anniversary of Bär & Karrer; Heinrich Koller, Globalisierung und Internationalisierung des Wirtschaftsrechts: Auswirkung auf die nationale Gesetzgebung Zeitschrift für Schweizerisches Recht (2000) p. 313-360.

Jean Nicolas Druey, Das Verhältnis von Information und Recht (Zürich and Baden-Baden 1995) excerpt: 1. Teil, 2. Kapitel in Information als Gegenstand des Rechts, p. 437-444.

Herbert Burkert, 'Constitutional Law as Information Law', valedictory lecture held on 16th October 2012 at the University of St. Gallen; to be published in a footnoted version.

John Palfrey and Urs Gasser, 'Solving for Interop, Architectures of the Future: Building a Better World' and 'Conclusion: The Pay off of Interop as Theory' in John Palfrey and Urs Gasser, Interop: The Promise and Perils of Highly Interconnected Systems (New York 2012) excerpts p. 231-262.

Thomas Cottier, 'Challenges ahead, in International Economic Law' Journal of International Economic Law (2009) p. 1-13;

Daniel Thürer, 'Die Bundesverfassung von 1848: Kristallisationspunkt einer Staatsidee:Drei Paradoxe und die Frage ihrer Bedeutung für die Fortentwicklung der Verfassungskonzeption im Zeitalter der „Globalisierung"' in Daniel Thürer, Perspektive Schweiz, übergreifendes Verfassungsdenken als Herausforderung (Zürich 1998) p. 15-34.

Additional literature by Swiss authors on the impact of globalization on Swiss law and legal culture

A reader and user interested to take note what other authors have been written in Switzerland on the influence of Globalization on Swiss law and legal culture may turn to the following selection of further texts.

This topic in the discipline of law is under researched in Switzerland; exceptions are the following authors and texts beyond the texts cited in 1):

Daniel Thürer, Globalisierung der Wirtschaft: Herausforderung zur "Konstitutionalisierung" von Macht und Globalisierung von Verantwortlichkeit oder: Unterwegs zur „Citizen Corporation"?, Forumsbeitrag in ZSR 119 I, 2000, S. 117 ff.

Daniel Wüger, Globalisierung - Challenges to Constitutions - the Case of Treaty Making, Schweizerische Zeitschrift für Politische Wissenschaft Vol. 4 (1998), Issue 2, 111-119.

Thomas Cottier, 'The Challenge of Regionalization and Preferential Relations in World Trade Law and Policy' European Foreign Affairs Review (1996) p. 149-167.

Thomas Cottier, 'The Impact of New Technologies on Multilateral Trade Regulations and Governance - The New Global Technology Regime' Chicago Kent Law Review (1996) p. 415-436.

Thomas Cottier, 'Handlungsspielräume und Zwangslagen der Schweiz in den internationalen Handelsbeziehungen'  

Thomas Cottier, 'Dispute Settlement in the World Trade Organization: Characteristics and Structural Implications for the European Union' Common Market Law Review (1998) p. 325-378.

Thomas Cottier, 'Der Juristentag 2000 in St. Gallen zum Generalthema „Globalisierung und nationales Wirtschaftsrecht setzt' setzt hier neue Akzente, vgl. Karl Hofstetter, Globalisierung und Wirtschaftsrecht, ZSR, NF 119, (Basel 2000) p. 289-312.

Heinrich Koller, Globalisierung und Internationalisierung des Wirtschaftsrechts - Auswirkungen auf die nationale Gesetzgebung (einige Thesen), ZSR, NF 119, (Basel 2000) p. 519-566.

Shelby Du Pasquier, 'Formation et Globalisations, un nouveau défi pour le jurist suisse' ZSR, NF 119 (Basel 2000) p. 435-447.

Anton K. Schnyder, 'Wirtschaftskollisionsrecht als Regelungsinstrument für eine internationale Wirtschaft' ZSR, NF 119 (Basel 2000) p. 463-476.

Charles-Albert Morand et, Le droit saisi par la mondialisation, (Basel, Frankfurt and  Brussels 2001).

Nedim Peter Vogt (ed.), The International Practice of Law, Liber Amicorum for Thomas Bär and Robert Karrer (Basel, Frankfurt, The Hague, London and Boston 1997). 

Nedim Peter Vogt (ed.), Reflections on the International Practice of Law, Liber Amicorum for the 38 Anniversary of Bär & Karrer, Reflections on the International Practice of Law (Basel, Genf and München 2004).

Nedim Peter Vogt and Jens Drolshammer (eds.), Swiss Law Bibliography (Basel, Geneva and Munich 2005).

Jens Drolshammer and Nedim Peter Vogt, 'English as the Language of Law? An Essay on the Legal Lingua Franca of a shrinking World' (Zurich, Basel and Genf 2003). 

Jens Drolshammer, 'The Effects of Globalization and Legal Education' (Zürich, Basel and Geneva 2003).

Jens Drolshammer and Michael Pfeifer (eds.), The Internationalisation of the Practice of Law (The Hague 2001).

Jens Drolshammer, A Timely Turn to the Lawyer?: Globalisierung und die Anglo-Amerikanisierung von Recht und Rechtsberufen - Essays (Zürich, Geneva and Baden-Baden 2009).

More general texts:

Paul Schiff Berman (ed.), The Globalization of International Law (Burlington 2005).

Andreas Fischer-Lescano and Gunther Teubner, Regime - Kollisionen zur Fragmentierung des globalen Rechts (Frankfurt am Main 2006).

H. Patrick Glenn, Legal Traditions of the World (4th edition Oxford and New York, 2010).

David B.Goldman, Globalisation and the Western Legal Tradition, Recurring Patterns of Law and Authority (Cambridge 2007).

Economics, political science and history: literature on the Swiss economy faced with globalization

A reader and user interested to take note what other texts have been written in Switzerland by Swiss authors on the Swiss economy faced with globalization may turn to the following selection of texts, which are used alphabetically.

Spyros Arvanitis,  Monica Bezzola,  Laurent Donzé, , Heinz Hollenstein & David Marmet,  Die Internationalisierung der Schweizer Wirtschaft - Ausmass, Motive, Auswirkungen (Zürich 2001).

Spyros Arvanitis, Heinz Hollenstein und David Marmet, Internationale Wettbewerbsfähigkeit: Wo steht der Standort Schweiz? Eine Analyse auf sektoraler Ebene (Zürich 2005).

Jean-François Bergier,  Die Wirtschaftsgeschichte der Schweiz - Von den Anfängen bis zur Gegenwart (Zürich and Köln 1983).

Thomas Bernauer und Dieter Ruloff,  'Le Mobbing d'un Petit Pays - Onze Thèses sur la Suisse Pendant la Deuxième Guerre Mondiale' in Thomas Bernauer (ed.), Globaler Wandel und schweizerische Aussenpolitik: Informationsbeschaffung und Entscheidungsfindung der Schweizerischen Bundesverwaltung - (Zürich 2000).

Silvio Borner, , Aymo Brunetti und Thomas Straubhaar,  Die Schweiz im Alleingang (Zürich 1994).

Silvio Borner, Aymo Brunetti und Thomas Straubhaar,  Schweiz AG - Vom Sonderfall zum Sanierungsfall? (Zürich 1990).

Silvio Borner, Michael E. Porter,  Rolf Weder und Michael Enright, Internationale Wettbewerbsvorteile: Ein strategisches Konzept für die Schweiz (Frankfurt am Main -  Zürich 1991).

Silvio Borner und Felix Wehrle, , Die Sechste Schweiz - Überleben auf dem Weltmarkt (Zürich 1984).

R. James Breiding und Schwarz, Gerhard, Wirtschaftswunder Schweiz - Ursprung und Zukunft eines Erfolgsmodells (Zürich 2011).

Aymo Brunetti, Volkswirtschaftslehre - Eine Einführung für die Schweiz (Bern 2006).

Walter Bührer,  Die Schweiz unter Globalisierungsdruck - Staatliches Handeln mit und gegen wirtschaftliche Logik (Aarau, Frankfurt am Main and Salzburg 1999/2000).

Bruno S. Frey, und Gebhard Kirchgässner,  Demokratische Wirtschaftspolitik  (München 2002).

Lorenz Stucki,  Das heimliche Imperium - Wie die Schweiz reich wurde (Frauenfeld 1981).

Beat Hotz-Hart und Carsten Küchler, Wissen als Chance - Globalisierung als Herausforderung für die Schweiz(Zürich 1999).

Tobias Kaestli, Selbstbezogenheit und Offenheit - Die Schweiz in der Welt des 20. Jahrhunderts: Zur politischen Geschichte eines neutralen Kleinstaats (Zürich 2005).

Rolf Kappel und Oliver Landmann, Die Schweiz im globalen Wandel: Aussenwirtschaftliche und entwicklungspolitische Herausforderungen (Zürich 1997).

H. Kleinewefers,  R. Pfister und W. Gruber, Die schweizerische Volkswirtschaft - Eine problemorientierte Einführung in die Volkswirtschaftslehre (4. vollständig neu bearbeitete Auflage, Frauenfeld 1993).

Ulrich Klöti,  Peter Knoepfel,  Hanspeter Kriesi, , Wolf Linder, , Yannis Papadopoulus und Pascal Sciarini,  Handbuch der Schweizer Politik (4. vollständig überarbeitete,Zürich 2006).

Jean-Christian Lambelet,  Guerre Mondiale (Lausanne 1999).

Jean-Christian Lambelet, L'Economie Suisse : Un essai d'interprétation et de synthèse (Paris, Lausanne and Genève 1993).

Wolf Linder, Schweizerische Demokratie - Institutionen, Prozesse, Perspektiven (Bern, Stuttgart and Wien 1999).

Leonhard Neidhart,  Die politische Schweiz - Fundamente und Institutionen (Zürich 2002).

Selection of texts on special aspects of globalization of Switzerland by anglo-saxon authors

Gordon A. Craig, The Triumph of Liberalism: Zürich in the Golden Age, 1830-1869 (New York and London 1998).

Lionel Gossman, Basel in the Age of Burckhardt: A Study of Unseasonable Ideas (Chicago 2000).

Lionel Gossman, Nicolas Bouvier and Gordon A. Craig, Geneva, Zurich, Basel: History, Culture and National Identity (Princeton 1994).

John McPhee, La Place de la Concorde Suisse (New York 1983).

General literature on globalization from a global perspective

A reader and user interested to take note on further mainly anglo-saxon texts on aspects of globalisation may turn to the following selection of texts relevant for the understanding of the influence of globalisation on Switzerland.

The texts are listed alphabetically

Arjun Appadurai, , Globalization (Durham and London 2001).

Jagdish Bagwati, In Defense of Globalization (Oxford 2004).

John Baylis and Steve Smith, The Globalization of World Politics - An Introduction to International Relations (2nd Edition, Oxford and New York 2001).

Ulrich Beck, Weltrisikogesellschaft, Auf der Suche nach der verlorenen Sicherheit (Frankfurt am Main 2007).

Peter L. Berger and Samuel P. Huntington, Many Globalizations - Cultural Diversity in the Contemporary World (Oxford and New York, 2002).

John Braithwaite and Peter Drahos, Global Business Regulation (Cambridge, 2000).

Niall Ferguson, Civilization - The West and the Rest (New York 2011).

Thomas L. Friedman,  Longitudes & Attitudes, Exploring the World after September 11 (New York 2002).

Thomas L. Friedman, The Lexus and the Olive Tree, Understanding Globalization (New York 2000).

Thomas L. Friedman, The World is Flat: A Brief History of The Twentieth-First Century (New York 2007).

Jürgen Habermas, Der gespaltene Westen, Kleine Politische Schriften (Frankfurt am Main 2004).

Jürgen Habermas, Die postnationale Konstellation - Politische Essays (Frankfurt am Main 1998).

Eric Hobsbawm, On the Edge of the New Century (New York 2000).

Samuel P. Huntington, Who are we? The Challenges to America's National Identity (New York 2004).

Harold James, The Creation and the Destruction of Value: The Globalization Cycle (Cambridge/Massachusets and London 2009).

David S. Landes, The Unbound Prometheus, Technological Change and Industrial Development in Western Europe from 1750 to the Present (2nd edition, Cambridge 2003).

David S. Landes, The Wealth and Poverty of Nations: Why Some Are So Rich and Some So Poor (New York and London 1998).

Nayan Chanda, Bound Together – How Traders, Preachers, Adventurers and Warriors Shaped Globalization (New Haven and London 2007).

Nicholas Dungan, Gallatin: America's Swiss Founding Father (New York and London, 2010).

Werner F. Ebke, Siegfried H. Elsing and Bernhard  Grossfeld and Gunther Kühne, Das deutsche Wirtschaftsrecht unter dem Einfluss des US-amerikanischen Rechts (Frankfurt am Main 2011).

Lawrence E. Harrison and Samuel P. Huntington, Culture Matters: How Value Shape Human Progress (New York 2000).

David Held and Anthony McGrew, Governing Globalization - Power, Authority and Global Governance (Cambridge, Oxford and Malden 2002).

David Held and Anthony McGrew, The Global Transformations Reader: An Introduction to the Globalization Debate (2nd Edition, Cambridge, Oxford and Malden 2003).

David Held, Anthony McGrew,  David Goldblatt and Jonathan Perraton, Global Transformations: Politics, Economics and Culture (Stanford 1999).

David Held and Mathias Koenig-Archibugi, Taming Globalization - Frontiers of Governance (Cambridge 2003).

Harold James, The End of Globalization - Lessons from the Great Depression (3rd edition, Cambridge/Massachusetts  and London 2001).

Paul Kennedy, Preparing for the Twenty-First Century (London 1993).

Frank J. Lechner and John Boli The Globalization Reader (2nd Edition, Malden,  Oxford and Victoria 2004).

Reinhard C. Meier-Walser  und Peter Stein, Globalisierung und Perspektiven internationaler Verantwortung: Problemstellungen, Analysen, Lösungsstrategien: Eine systematische Bestandsaufnahme (München 2004).

Joseph S. Nye and John D. Donahue, Governance in a Globalizing World (Washington D.C. 2000).

Patrick O'Meara,Howard D. Mehlinger and Matthew Krain, Globalization and the Challenges of a New Century: A Reader (Bloomington 2000).

Jürgen Osterhammel and Niels P. Petersson, Geschichte der Globalisierung: Dimensionen, Prozesse, Epochen  (München 2003).

Jeremy Rifkin, Die Emphatische Zivilisation, Wege zu einem globalen Bewusstsein (Frankfurt and New York 2009).

William I. Robinson, A Theory of Global Capitalism: Production, Class and State in a Transnational World (Baltimore and London 2004).

John Gerard Ruggie, Constructing the World Polity: Essays on International Institutionalization (London, USA and Canada 1998).

Saskia Sassen,  Globalization and Its Discontents: Essays on the New Mobility of People and Money with a foreword by K. Anthony Appiah (New York 1998).

Saskia Sassen,  Global Networks, Linked Cities (New York and London 2002).

Jan Aart Scholte,  Globalization: A Critical Introduction (New York 2000).

Peter Sloterdijk, Im Weltinnenraum des Kapitals, Für eine philosophische Theorie der Globalisierung (Frankfurt am Main 2005).

Peter Sloterdijk, Du musst Dein Leben ändern, Über Anthropotechnik (Frankfurt am Main 2009).

Joseph E. Stiglitz, Making Globalization Work (New York and London 2006).

Joseph E. Stiglitz, Globalization and Its Discontents (New York and London 2002).

Michael M. Weinstein, Globalization what's new? (New York 2005).

Martin Wolf, Why Globalization Works (New Haven and London 2004).

The sources of the bibliographical references under 5.2 are the publications of the following books on issues of the legal process of globalisation.

Jens Drolshammer, A Timely Turn to the Lawyer? Globalisierung und die Anglo-Amerikanisierung von Recht und Rechtsberufen-Essays (2009).

English as the Language of Law, An Essay on the Lingua Franca of a Shrinking World, with Nedim Peter Vogt (2003).

Swiss Law Bibliography, English Language Materials on Swiss Law (with Nedim Peter Vogt) (2005).

Internationalization of legal education and legal research- an agenda for an interdisciplinary education of international lawyers in the economy and in 2002.

The Internationalization of the Practise of Law, (Editor with Michael Pfeifer) and authors (2001).

The biographies of authors are an important feature of Swiss legal culture, as represented in this primarily text based anthology. They are an essential and integral supplement to the texts.

The sources of the biographies are identified at the end of the text. Some biographies have been penned by the authors.

5.1    Pierre Tercier
5.2    Max Rheinstein
5.3    Jens Drolshammer
5.4    Nedim Vogt
5.5    Marc Blessing
5.6    Peter Nobel
5.7    Carl Baudenbacher
5.8    Raymond R. Probst
5.10  Hans-Ueli Vogt
5.11 Peter L. Murray
5.13 Jean Nicolas Druey
5.14 Herbert Burkert
5.15 John Palfrey
5.16 Urs Gasser
5.17  Daniel Thürer