Guillotine Clause
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Guillotine Clause
A guillotine clause is a stipulation that an adoption of a contract package depends on the adoption of all of the individual treaties or contracts included. Under the guillotine clause, if only one treaty or contract is either not accepted by an involved party or canceled later, all treaties or contracts are then deemed not accepted or terminated. That prevents a party from cherry-picking the treaties of the contract package that it supports if the other party considers it to be essential for all of the contract package to be enforced. The guillotine clause in treaties of the European Union with other countries is the most notable case of its use. Switzerland An example of the guillotine clause is found in the body of bilateral treaties between the European Union to Switzerland. The treaties give Switzerland access to the internal market if Switzerland follow its rules. The clause states that if any of the seven treaties are to be terminated, all of the treaties are automatically ...
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Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ...
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Switzerland–European Union Relations
Switzerland is not a member state of the European Union (EU). It is associated with the Union through a series of bilateral treaties in which Switzerland has adopted various provisions of European Union law in order to participate in the Union's single market, without joining as a member state. All but one (the microstate Liechtenstein) of Switzerland's neighbouring countries are EU member states. Comparison Trade The European Union is Switzerland's largest trading partner, and Switzerland is the EU's fourth largest trading partner, after the United Kingdom, U.S. and China. Export of goods from Switzerland accounts for 5.2% of the EU's imports; mainly chemicals, medicinal products, machinery, instruments and time pieces. In terms of services, the EU's exports to Switzerland amounted to €67.0 billion in 2008 while imports from Switzerland stood at €47.2 billion. Treaties Switzerland signed a free-trade agreement with the then European Economic Community in 1972, which e ...
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2009 Swiss Referendums
Eight referendums were held in Switzerland during 2009. The first was held on 8 February on extending the freedom of movement for workers from Bulgaria and Romania. The next two were held on 17 May 2009 on introducing biometric passports and the "Future with complementary medicine" proposal. A further two were held on 27 September on increasing VAT and the introduction of public initiatives. The final three were held on 29 November on banning the construction of new minarets, exporting weapons and the use of aviation fuel taxation. February referendum The February referendum was held on extending the freedom of movement for workers within the European Union to Bulgaria and Romania, who joined the EU on 1 January 2007, and on removing the sunset provision from the agreement. If Swiss voters had rejected the continuation and extension, the EU would likely have invoked the so-called " guillotine clause" to terminate all agreements made as part of the bilateral treaties. A poll from ...
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Federal Popular Initiative "against Mass Immigration"
In Switzerland, the federal popular initiative "against mass immigration" (german: link=no, Eidgenössische Volksinitiative "Gegen Masseneinwanderung", french: link=no, Initiative populaire « Contre l'immigration de masse », it, Iniziativa popolare "Contro l'immigrazione di massa") was a referendum that aimed to limit immigration through quotas, as it had been prior to the bilateral treaties between Switzerland and the European Union (EU) launched in 2002. The popular initiative was launched by the national conservative Swiss People's Party and was accepted by a majority of the electorate (50.3%, a difference of 19,526 votes) and a majority of the cantons (14.5 out of 23; 12 of 20 full cantons plus five of six half cantons) on 9 February 2014. This initiative was mostly backed by rural parts (57.6% approvals) of Switzerland as well as by a strong majority (69.2% approvals) in the Italian-speaking canton of Ticino, while metropolitan centres (58.5% rejection) and the ...
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Council Of The European Union
The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and informally known as the Council of Ministers, is the third of the seven Institutions of the European Union (EU) as listed in the Treaty on European Union. It is one of two legislative bodies and together with the European Parliament serves to amend and approve or veto the proposals of the European Commission, which holds the right of initiative. The Council of the European Union and the European Council are the only EU institutions that are explicitly intergovernmental, that is, forums whose attendees express and represent the position of their Member State's executive, be they ambassadors, ministers or heads of state/government. The Council meets in 10 different configurations of national ministers (one per state). The precise membership of these configurations varies according to the topic under consideration; for example, when discussing agri ...
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TheGuardian
''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Guardian Media Group, owned by the Scott Trust Limited, Scott Trust. The trust was created in 1936 to "secure the financial and editorial independence of ''The Guardian'' in perpetuity and to safeguard the journalistic freedom and liberal values of ''The Guardian'' free from commercial or political interference". The trust was converted into a limited company in 2008, with a constitution written so as to maintain for ''The Guardian'' the same protections as were built into the structure of the Scott Trust by its creators. Profits are reinvested in journalism rather than distributed to owners or shareholders. It is considered a newspaper of record in the UK. The editor-in-chief Katharine Viner succeeded Alan Rusbridger in 2015. Since 2018, th ...
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European Economic Area
The European Economic Area (EEA) was established via the ''Agreement on the European Economic Area'', an international agreement which enables the extension of the European Union's single market to member states of the European Free Trade Association. The EEA links the EU member states and three EFTA states (Iceland, Liechtenstein, and Norway) into an internal market governed by the same basic rules. These rules aim to enable free movement of persons, goods, services, and capital within the European single market, including the freedom to choose residence in any country within this area. The EEA was established on 1 January 1994 upon entry into force of the EEA Agreement. The contracting parties are the EU, its member states, and Iceland, Liechtenstein, and Norway. The EEA Treaty is a commercial treaty and differs from the EU Treaties in certain key respects. According to Article 1 its purpose is to "promote a continuous and balanced strengthening of trade and economic relati ...
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Norway
Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and the archipelago of Svalbard also form part of Norway. Bouvet Island, located in the Subantarctic, is a dependency of Norway; it also lays claims to the Antarctic territories of Peter I Island and Queen Maud Land. The capital and largest city in Norway is Oslo. Norway has a total area of and had a population of 5,425,270 in January 2022. The country shares a long eastern border with Sweden at a length of . It is bordered by Finland and Russia to the northeast and the Skagerrak strait to the south, on the other side of which are Denmark and the United Kingdom. Norway has an extensive coastline, facing the North Atlantic Ocean and the Barents Sea. The maritime influence dominates Norway's climate, with mild lowland temperatures on the se ...
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Iceland
Iceland ( is, Ísland; ) is a Nordic island country in the North Atlantic Ocean and in the Arctic Ocean. Iceland is the most sparsely populated country in Europe. Iceland's capital and largest city is Reykjavík, which (along with its surrounding areas) is home to over 65% of the population. Iceland is the biggest part of the Mid-Atlantic Ridge that rises above sea level, and its central volcanic plateau is erupting almost constantly. The interior consists of a plateau characterised by sand and lava fields, mountains, and glaciers, and many glacial rivers flow to the sea through the lowlands. Iceland is warmed by the Gulf Stream and has a temperate climate, despite a high latitude just outside the Arctic Circle. Its high latitude and marine influence keep summers chilly, and most of its islands have a polar climate. According to the ancient manuscript , the settlement of Iceland began in 874 AD when the Norwegian chieftain Ingólfr Arnarson became the first p ...
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Liechtenstein
Liechtenstein (), officially the Principality of Liechtenstein (german: link=no, Fürstentum Liechtenstein), is a German-speaking microstate located in the Alps between Austria and Switzerland. Liechtenstein is a semi-constitutional monarchy headed by the prince of Liechtenstein. Liechtenstein is bordered by Switzerland to the west and south and Austria to the east and north. It is Europe's fourth-smallest country, with an area of just over and a population of 38,749 (). Divided into 11 municipalities, its capital is Vaduz, and its largest municipality is Schaan. It is also the smallest country to border two countries. Liechtenstein is a doubly landlocked country between Switzerland and Austria. Economically, Liechtenstein has one of the highest gross domestic products per person in the world when adjusted for purchasing power parity. The country has a strong financial sector centred in Vaduz. It was once known as a billionaire tax haven, but is no longer on any officia ...
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Treaty Law
The Vienna Convention on the Law of Treaties (VCLT) is an international agreement regulating treaties between states. Known as the "treaty on treaties", it establishes comprehensive rules, procedures, and guidelines for how treaties are defined, drafted, amended, interpreted, and generally operated. An international treaty is a written agreement between international law subjects reflecting their consent to the creation, alteration, or termination of their rights and obligations. The VCLT is considered a codification of customary international law and state practice concerning treaties. The convention was adopted and opened to signature on 23 May 1969,untreaty.un.org''Law of treaties'', International Law Commission, last update: 30 June 2005. Consulted on 7 December 2008.Vienna Conventio ...
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