Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Comparative and Foreign Law

Surrogacy And Citizenship: A Conjunctive Solution To A Global Problem, Caitlin Pyrce Jul 2016

Surrogacy And Citizenship: A Conjunctive Solution To A Global Problem, Caitlin Pyrce

Indiana Journal of Global Legal Studies

People around the world are turning to surrogacy when they are unable to conceive by traditional means. When surrogacy turns traditional notions of parentage upside down, however, countries struggle to find efficient regulations that protect their own citizens, while still recognizing the increasingly global nature of modern society. Children born through surrogacy arrangements between Thai surrogate mothers and Australian intended parents have been confronted with the consequences of inadequate regulation. This note argues that in addition to revising surrogacy legislation to reflect the increasingly transient nature of society, countries must make mirror citizenship reform so children born through surrogacy are …


The Rise Of Independent Directors In Australia: Adoption, Reform, And Uncertainty, Luke Nottage, Fady Aoun May 2016

The Rise Of Independent Directors In Australia: Adoption, Reform, And Uncertainty, Luke Nottage, Fady Aoun

University of Miami International and Comparative Law Review

No abstract provided.


The Technical Barriers To Trade Agreement: A Reconciliation Of Divergent Values In The Global Trading System, Samantha Gaul Jan 2016

The Technical Barriers To Trade Agreement: A Reconciliation Of Divergent Values In The Global Trading System, Samantha Gaul

Chicago-Kent Law Review

In the context of multilateral trading, there is a historical tension between economically oriented, laissez-faire, pro-trade concerns as they are juxtaposed with social, environmental, and health concerns. These conflicting values are inextricable from one another in a world that encourages, and quite frankly mandates, a high level of economic interdependency. But what if institutional actors could reconcile these conflicting values—at least toward the more efficient and practical goals of alleviating (rather than eliminating) the underlying tension? This Note argues that Article 2.2 of the World Trade Organization’s Technical Barriers to Trade Agreement operates to reconcile these fundamental tensions to some …


The Grass Is Not Always Greener: Congressional Dysfunction, Executive Action, And Climate Change In Comparative Perspective, Hari M. Osofsky, Jacqueline Peel Jan 2016

The Grass Is Not Always Greener: Congressional Dysfunction, Executive Action, And Climate Change In Comparative Perspective, Hari M. Osofsky, Jacqueline Peel

Chicago-Kent Law Review

Partisan climate change politics, paired with a legislative branch that is often deeply divided between two parties, has led to congressional gridlock in the United States. Numerous efforts at passing comprehensive climate change legislation have failed, and little prospect exists for such legislation in the foreseeable future. As a result, executive action under existing federal environmental statutes—often in interaction with litigation—has become the primary mechanism for national-level regulation of greenhouse gas emissions from motor vehicles and power plants.

Although many observers critique this state of affairs and wish for a legislature more able to act, this essay argues that more …