Tradition mit Weitsicht. Festschrift für Eugen Bucher zum 80. Geburtstag

Am 1. Juni 2009 feiert Prof. Dr. Eugen Bucher seinen 80. Geburtstag. Mit dieser Festschrift ehren Herausgeber und Autoren einen aussergewöhnlichen Menschen und einen herausragenden Juristen. Eugen Bucher hat in der zweiten Hälfte des 20. Jahrhunderts die Entwicklung des schweizerischen Privatrechts massgeblich beeinflusst. In vielen Bereichen hat er neue Denkansätze gewählt und daraus resultierende Konzepte mit Überzeugungskraft und Beharrlichkeit durchgesetzt. Die 45 Beiträge sind Ausdruck der grossen Anerkennung, die der Jubilar national und international geniesst.

Annexations in Europe and the Persecution of Jews, 1939-1944

This contribution tries to explain why Jews were persecuted earlier or more fiercely in territories annexed by a state during World War II than in the mainland of that state. The case-studies covered are Nazi Germany, Romania, Hungary, Bulgaria, and the USSR. It is argued that internationally, similar policies of incorporation, especially the replacement of existing elites and the process of bringing in new settlers, worked against the Jews. Aside from focusing on governmental policies, the contribution also sketches the manner in which individual actions by state functionaries (who did not merely implement state policies) and by non-state actors had adverse effects on the Jewish population, impacting their survival chances. Finally, the article places the persecution of Jews in annexed areas in the context of the concerted violence conducted, at the same time, against other ethnically defined, religious, and social groups.

Avant-garde or supplement? Advisory bodies of transnational associations as alternatives to the League’s Minority Protection System, 1919-1939

This exegesis focuses on the work of minority committees of transnational associations in the interwar period. Most of their members considered the League system to be inefficient and supported the establishment of non-state alternatives, which included private investigations on the spot, publicity for specific problems of minorities, and attempts to reconcile representatives of ethnic minorities with those of the majority. Members of non-involved states were pre-destined especially to act as neutral moderators. Only those in close contact with League officials avoided being misused by political forces that did not seek reconciliation but border revision. They learnt that the League rules looked inadequate from the outside but turned out to be useful in coming to applicable solutions once they started their own alternative methods. Their publications and investigative journeys turned out to deepen the problems, whilst their reconciliation work became an appreciated supplement of the League system.

Internationale Kontrolle lokaler Verwaltung in einer Konfliktregion. Das Experiment „Freie Stadt Danzig“ (1920-1939)

The Free City of Danzig was founded by the Allies after World War One to settle the conflict between Poles and Germans as to which territory the town belonged. The League of Nations was designated to be the guarantor of its status. British and American experts and policy advisors saw it as an experiment on the way to new forms of statehood, by means of which nationalism as the founding principle of territorial entities could be overcome. However, the „Free City“ status was rejected by both the city’s inhabitants and German and Polish government agencies, with the result that the League and its local representative, the High Commissioner, were constantly confronted with difficulties in the interpretation of the international treaties and conventions relating to Danzig. In addition, hardly anyone in Danzig, Germany or Poland was interested in the economic and financial situation of the Free City, but were more interested in winning political battles than in the well-being of the city and its inhabitants. As a result, the situation in Danzig became more and more hopeless. The city became increasingly dependent on (illegal) German subsidies, while the High Commissioners generally cared more about their own prestige and that of their home countries than about the interests of the League of Nations. But as no political means of modifying the city’s status had been provided for, nothing changed formally in Danzig until Germany started the Second World War and annexed the city in September 1939. In retrospect, the international control of local government could not contribute to a long-term solution for Danzig. It merely postponed its violent solution for twenty years.