WTO law has gained significant importance and public attention over the last 10 years. Nevertheless, foreign trade law lags far behind globalization; it is still characterized by state sovereignty and the primacy of the executive. This is reflected, particularly in Switzerland, in the weak position of the courts in this area.

In contrast, the direct applicability of international treaties strengthens the legal standing of individuals: they can invoke a state treaty and enforce international law against conflicting domestic law—an efficient and citizen-friendly mechanism for the constitutional intertwining of international law and domestic law. Although firmly anchored in the Swiss constitutional order, the direct applicability in the area of WTO law is, however, largely not recognized by Swiss courts.

This paper critically examines and evaluates Swiss legal practice regarding the question of the direct applicability of WTO law. A comparative legal section establishes connections to the legal situation in the USA and the EU. Finally, the arguments for and against the direct applicability of WTO law are discussed. The author's conclusions are illustrated at the end with possible scenarios in Swiss law.