Legal Aspects of Artificial Insemination and Embryo Transfer in French Domestic Law and Private International Law

2008 ◽  
pp. 77-103
Author(s):  
Mariel Revillard
Keyword(s):  
International Law ◽  
Embryo Transfer ◽  
Artificial Insemination ◽  
Legal Aspects ◽  
Private International Law ◽  
Domestic Law

scholarly journals Conflict of Laws: Jurisdiction of the Court and Choice of Law in Cross-Border Matrimonial Suit in India

2017 ◽  
pp. 80-87
Author(s):  
Indrani Kundu
Keyword(s):  
International Law ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Cross Border ◽  
Civil Union ◽  
Foreign Law ◽  
Marriage Laws ◽  
The Difference ◽  
Domestic Law ◽  
Legal Procedures

Marriage, a civil union between two persons, involves some legal procedures which determine the rights and liabilities of parties in such civil union. Conflict of marriage laws is the conflict of laws governing status and capacity to marry defined by personal laws of parties to the marriage. Rules of Conflict of Laws are set of procedural rules which determine A) which legal system will be applicable to a given dispute, & B) which Court will have jurisdiction to try the suit.In the words of Dicey and Morris, rules of Private International Law do not directly determine the rights and liabilities of persons, rather it determines the jurisdiction of Court and the choice of body of law i.e. whether by the domestic law or by any foreign law, the case will be decided. This paper, by adopting doctrinal approach, seeks to find the criteria for Indian court to exercise jurisdiction in cross border matrimonial suit. Further, it endeavors to find out the difference between term ‘domicile’ and ‘residence’.

Part II International Sales Governed by the UN Sale Convention 1980 (CISG), 10 The UN Sale Convention (CISG): General Issues

2017 ◽  
Author(s):  
Bridge MG
Keyword(s):  
International Law ◽  
Private International Law ◽  
Uniform Law ◽  
International Sale Of Goods ◽  
Substantive Law ◽  
Domestic Law ◽  
International Sales

This chapter is an overview of the Convention on the International Sale of Goods (CISG) and its general issues. As uniform law, the CISG, when implemented in the Contracting State and to the extent that it is applicable, displaces both that State's domestic law and private international law rules concerning the sale of goods. Uniform substantive law like the CISG is to be distinguished from uniform private international law conventions and from transnational regulations. The CISG lays down a substantive law to be applied regardless of where a dispute is litigated. Reservations apart, the same law will be enacted in identical terms by each Contracting State.

Corporate Responsibility

2020 ◽  
Author(s):  
Swati Srivastava
Keyword(s):  
International Law ◽  
Criminal Behavior ◽  
Corporate Responsibility ◽  
Criminal Liability ◽  
International Studies ◽  
Private International Law ◽  
Research Themes ◽  
International Responsibility ◽  
Corporate Criminal Liability ◽  
Domestic Law

Transnational corporations (TNCs) have assumed a greater share of global power vis-à-vis states. Thus, understanding how to assign corporate responsibility has become more urgent for scholars in international studies. Are corporations fit to be held responsible? If so, what are the existing ways of doing so? There are three research themes on conceptualizing corporate responsibility: (a) corporate criminal liability, in which corporations are assigned responsibility by determining criminal intent and liability in domestic law; (b) corporate social responsibility (CSR), in which corporations are assigned responsibility through praise and blame for adopting voluntary standards that conform with societal values; and (c) corporate international responsibility, a subset of CSR in which corporations are assigned responsibility by hardening international law, especially in human rights and the environment. The three themes feature research on corporate responsibility across a variety of disciplines, including law, criminology, global governance, sociology, business, and critical theory. Each theme prioritizes different debates and questions for research. For corporate criminal liability, the most important questions are about corporate intent in assigning blame for criminal behavior and how to deal with corporate criminal liability in domestic law. For CSR, the most important questions are about determining what obligations corporations take on as part of their social compact, how to track progress, and whether CSR leads to nonsymbolic corporate reforms. For corporate international responsibility, the most important questions are articulating on what grounds corporations should be held responsible for transnational violations of CSR obligations in state-based public international law or contract-based private international law. There are a range of ways to evaluate corporate responsibility in the three research themes. As such, the future of conceptualizing TNCs’ responsibility is diverse and open for examination by scholars of international studies.

scholarly journals Legal Aspects of Telepathology

2000 ◽  
Vol 21 (3-4) ◽  
pp. 97-99 ◽  
Author(s):  
Christian Dierks
Keyword(s):  
International Law ◽  
Data Protection ◽  
Data Exchange ◽  
Legal Aspects ◽  
Spatial Distance ◽  
Standards Of Care ◽  
Security Level ◽  
Private International Law ◽  
The European Union ◽  
Cross Border

In some legal surroundings telepathology is considered a breach of registrational barriers. The recommendation of the G 8 states in Europe for required legislation in telemedicine suggests to recognise that the localization of the remote health care professional defines the site not only of licensure but also of liability. This approach must be considered helpful, since it can solve many problems brought about by the doubtful results of private international law and conventions like the European Union (EU) and Lugano Convention. Under today's conditions in private international law it must be considered essential to agree upon a choice of law and stipulate a court of jurisdiction when doing telepathology. However, the opposing aims of insuring the patients claims and avoiding jurisdictions that exceed the local expectations of the medical professional must be reconciled. Data protection and data security are other crucial topics that require attention. Generally speaking, the principles of minimum data exchange, anonymity, pseudonymity and cryptography must be established as a basis for all telepathology procedures. Only when personal data is needed, its use can be legitimated. Written consent of the patient is advised. To guarantee a cross‐border security level the regulations of the EU‐Data Protection Directive need to be transformed into national law. In practise, cross‐border dataflow shall only take place where the security level can be maintained even within the other country. Finally, reimbursement questions must be answered to establish a sound economical basis for telepathology. The spatial distance between the participants may yield the question, whether the service has been rendered to an extent necessary and sufficient for reimbursement. If reimbursement takes place on a cross‐border or cross‐regional level, severe disturbances of the health systems can occur. Regulation schemes or treaties need therefore to be developed to avoid such disturbances and encompass mutual standards of care as well as methods to balance reimbursement.

PRIVATE COMMERCIAL LAW CONVENTIONS AND PUBLIC AND PRIVATE INTERNATIONAL LAW: THE RADICAL APPROACH OF THE CAPE TOWN CONVENTION 2001 AND ITS PROTOCOLS

2016 ◽  
Vol 65 (3) ◽  
pp. 523-540 ◽  
Author(s):  
Roy Goode
Keyword(s):  
International Law ◽  
Public Law ◽  
Vienna Convention ◽  
Private Law ◽  
Private International Law ◽  
Commercial Law ◽  
Public And Private ◽  
Conflict Of Laws ◽  
Domestic Law ◽  
Radical Approach

It is a remarkable circumstance that with a few honourable exceptions all writers on international law in general and treaty law in particular focus exclusively on public law treaties. Private law conventions, including those involving commercial law and the conflict of laws, simply do not come into consideration. Yet such conventions, like public law conventions, are treaties between States and are governed by the 1969 Vienna Convention on the Law of Treaties and many of them are of great significance. Their distinguishing feature is, of course, that while only States are parties, private law conventions deal primarily, and often exclusively, with the rights and obligations of non-State parties. So while the treaty is international it does not for the most part commit a Contracting State to any obligation other than that of implementing the treaty in domestic law by whatever method that State's law provides, if it has not already done so prior to ratification.

International Law and Foreign Investment in Hydroelectric Industry: A Multidimensional Analysis

2016 ◽  
Vol 18 (3-4) ◽  
pp. 183-222
Author(s):  
Attila Tanzi
Keyword(s):  
International Law ◽  
Foreign Investment ◽  
Dispute Settlement ◽  
International Investment ◽  
Multidimensional Analysis ◽  
Private International Law ◽  
International Investment Law ◽  
Investment Law ◽  
Domestic Law

The main focus of the present article is on the entanglement between four bodies of international law sensitive to foreign investment in the creation and/or operation hydroelectric industry: i.e. international investment law, human rights law, international water law and private international law to the extent that public international law rules on conflict of laws on civil liability for transboundary damage are concerned. This horizontal approach to the analysis is supplemented by a vertical one looking at the interactions between international and domestic law. Consideration of the different bodies of international law in question is associated to that of the adjudicative, and non-adjudicative, means of dispute settlement available under each such bodies of law. On that score, the role of the foreign investor in a litigation scenery will be considered, primarily as claimant, but also, prospectively, in relation to the situation in the State hosting the investment is, or may become, respondent in inter-State litigation.

scholarly journals Non-refoulement and Right of Entry for Asylum-seekers

2021 ◽  
Vol 29 (S2) ◽  
Author(s):  
Syafiq Sulaiman ◽  
Salawati Mat Basir ◽  
Abdul Majid Hafiz Mohamed ◽  
Muhammad Afiq Ahmad Tajuddin
Keyword(s):  
Content Analysis ◽  
International Law ◽  
Critical Analysis ◽  
Asylum Seekers ◽  
Legal Aspects ◽  
Legal Research ◽  
The Right ◽  
Domestic Law

This article examines two questions: first, whether the Malaysian law regarding admission of asylum-seekers into its territory is consistent with international law, and second, whether the asylum-seekers who are already residing in Malaysia can be deported back to their places of origins. In answering these questions, this article analyses the legal aspects of the right to seek asylum under international law and its relation to the rule on non-refoulement. Additionally, it also examines the relevant provisions in the Malaysian legislations that regulate the admission of non-citizens into the country. This study is doctrinal legal research which is qualitative. The data used in this research was collected from library-based resources. These data were then analysed by using methods of content analysis as well as critical analysis. The article found that there are inconsistencies between international law and Malaysian law in matters concerning asylum-seeker’s admission and those asylum-seekers in Malaysia should not be deported. Therefore, this study suggests that Malaysia should amend the provisions in the Immigration Acts 1959/1963 and the Passports Act 1966. However, if the amendment of these legislations is not practical, it suggests that the Minister in charge of immigration affairs to make an order of exemption to the asylum-seekers so that their entry at the border would not be denied. This article shows that despite states’ firm belief that they are entitled to use domestic law to deny the admission of asylum-seekers into their territory, international law provides a few mechanisms to remedy the legal loopholes.

scholarly journals DISCUSSION ON CHARACTERISATION IN SOUTH AFRICAN PRIVATE INTERNATIONAL LAW

2011 ◽  
Author(s):  
Justin Leach
Keyword(s):  
International Law ◽  
South African ◽  
Case Law ◽  
Private International Law ◽  
Current Case ◽  
Choice Of Law ◽  
Legal Rules ◽  
The Subject ◽  
The Relationship ◽  
Domestic Law

To inform those unfamiliar to the subject, private international law is simply that branch of a country’s domestic law, which regulates the relationship between private individuals when foreign legal rules are in some way concerned. This branch generally has three subbranches: Jurisdiction (choice of court), choice of law and recognition of foreign judgments. The discipline of characterisation forms part of the choice of law sub-branch and is explained further below. This article discusses the problem of a ‘gap’ arising from the phenomenon of characterisation in South African private international law, by considering the current case law authorities on the matter as well as the criticisms (and suggested solutions) of legal academics. A general discussion of characterisation, with some alternative suggestions for dealing with the problem, is also mooted for consideration in a bid to air ideas. No short work could do justice to the problem visited here. This work seeks to show that the obsession with characterisation in the choice of law arena is perhaps ill founded and should perhaps be simplified in favour of a ‘most natural results’ approach.

Legal Aspects of EU Military Operations

2011 ◽  
Vol 15 (1-2) ◽  
pp. 218-242 ◽  
Author(s):  
Frederik Naert
Keyword(s):  
International Law ◽  
Crisis Management ◽  
Legal Framework ◽  
Legal Aspects ◽  
Eu Law ◽  
Military Operations ◽  
Legal Challenges ◽  
Defence Policy ◽  
Domestic Law ◽  
The Eu

This article provides a brief overview of the legal aspects of EU military crisis management operations, which, together with the EU’s civilian missions, are the main manifestation of the EU’s Security and Defence Policy. After the introduction (I), section II addresses the EU law aspects, section III covers the main international law aspects and section IV deals with domestic law aspects, including both the law of sending States and of the host State. Section V draws some conclusions and offers some reflections on the legal aspects of EU military operations and their role and importance. The author concludes that the EU has a well established legal framework for its military operations, which is soundly anchored in the EU Treaty, elaborated in practice and firmly based in and in compliance with international law. He also submits that the Lisbon Treaty reinforces this legal framework on several points and that the EU can rely on a number of mechanisms that should enable it to address most legal challenges that may arise.

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