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From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, yehezkel Margalit 2016 SelectedWorks

From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit

Hezi Margalit

In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known ...


Explaining Comparative Administrative Law: The Standing Of Positive Political Theory, Minhao Benjamin Chen, Zhiyu Li 2016 UC Berkeley

Explaining Comparative Administrative Law: The Standing Of Positive Political Theory, Minhao Benjamin Chen, Zhiyu Li

Minhao Benjamin Chen

Courts may function as “fire alarms” within a principal-agent framework that sees bureaucrats as imperfectly supervised servants of their political masters. In this paper, we compare how the class of plaintiffs authorized to bring suit against governmental bodies has been defined in three countries in which we would expect to find significant barriers to administrative litigation – the People’s Republic of China, Japan, and Singapore. Although these three Asian countries have traditionally been one-party dominated states, we do observe substantial differences in how legislatures and courts have answered the question of standing over time. It is possible to explain these ...


The Role Of The Andean Court In Consolidating Regional Integration Efforts, Edwin P. Lochridge 2015 University of Georgia School of Law

The Role Of The Andean Court In Consolidating Regional Integration Efforts, Edwin P. Lochridge

Georgia Journal of International & Comparative Law

No abstract provided.


An Examination Of Legal Instrumentalism In Public Enterprise Development In The Middle East, Delwin A. Roy 2015 Georgia State University

An Examination Of Legal Instrumentalism In Public Enterprise Development In The Middle East, Delwin A. Roy

Georgia Journal of International & Comparative Law

No abstract provided.


The Difficulty Of Constitutional Amendment In Canada, Richard Albert 2015 Boston College Law School

The Difficulty Of Constitutional Amendment In Canada, Richard Albert

Richard Albert

Scholars of comparative constitutional law would suggest that the United States Constitution is the world’s most difficult democratic constitution to change by formal amendment. But in this paper I suggest that the Constitution of Canada may be even harder to amend. Modern Canadian political history has proven the textual requirements for major constitutional amendment so far impossible to satisfy, yet the extraordinary difficulty of formal amendment in Canada derives equally from sources external to the Constitution’s formal amendment rules. Major constitutional amendment also requires conformity with extra-textual requirements imposed by Supreme Court decisions interpreting the Constitution of Canada ...


Looking Beyond The Negative-Positive Rights Distinction: Analyzing Constitutional Rights According To Their Nature, Effect And Reach, Jorge Farinacci-Fernós 2015 Georgetown University

Looking Beyond The Negative-Positive Rights Distinction: Analyzing Constitutional Rights According To Their Nature, Effect And Reach, Jorge Farinacci-Fernós

Jorge Farinacci-Fernós

In this brief Article, I wish to challenge and transcend the narrow dichotomy of political-rights-as-negative-rights versus socio-economic-rights-as-positive-rights, and analyze the different variables applicable to constitutional rights, taking into account several interacting features. First, the nature of a right, that is, whether it is civil and political or socio-economic. Second, the effect of a right, that is, whether it is negative rights that protect the titleholder against the actions of others or positive rights that entitle its titleholder to require others to act. Third, the reach of a right, that is, whether it is vertical rights opposable to the state or ...


Preclusion Of Remedies Under Article 16(3) Of The Uncitral Model Law, Nata Ghibradze 2015 Pace University

Preclusion Of Remedies Under Article 16(3) Of The Uncitral Model Law, Nata Ghibradze

Pace International Law Review

In search of actual consequences of (mis)use of the available remedies, Chapter II of the foregoing article starts by exploring whether the Model Law implies “choice of remedies” policy by examining its travaux préparatoires (hereinafter “travaux”). It also seeks to determine existence of “alternative system of defences” at cross-border level between remedies at the seat of arbitration and in the enforcement country. Chapter III engages in a determination of general framework of preclusions under the Model Law by analyzing specific provisions such as Article 4, 13 and 16(2).

Chapter IV, by analyzing the travaux, determines the primary purpose ...


Reflections Of The World Bank’S Report On The Treatment Of The Insolvency Of Natural Persons In The Newest Consumer Bankruptcy Laws: Colombia, Italy, Ireland, Jason J. Kilborn 2015 John Marshall Law School

Reflections Of The World Bank’S Report On The Treatment Of The Insolvency Of Natural Persons In The Newest Consumer Bankruptcy Laws: Colombia, Italy, Ireland, Jason J. Kilborn

Pace International Law Review

In 2011, the World Bank initiated its first-ever examination of the policies and characteristics of effective insolvency systems for individuals (natural persons). This paper describes the two-year process that led to the publication of the World Bank’s landmark Report on the Treatment of the Insolvency of Natural Persons. After examining the key content and three major themes of the Report, three of the most recent new personal insolvency regimes are introduced with an eye to identifying the ways in which the themes of the Report are reflected in these new laws. The personal insolvency provisions in Colombian law most ...


Contractual Excuse Under The Cisg: Impediment, Hardship, And The Excuse Doctrines, Larry A. DiMatteo 2015 Warrington College of Business Administration

Contractual Excuse Under The Cisg: Impediment, Hardship, And The Excuse Doctrines, Larry A. Dimatteo

Pace International Law Review

This article will examine the law of excuse as espoused in the Convention on Contracts for the International Sale of Goods (CISG). It will examine the relevant case law applying the doctrine of impediment found in CISG Article 79. The question posed in this analysis is whether the word “impediment” relates only to the occurrences of force majeure, impossibility and frustration of purpose events or if it also includes changed circumstances, impracticability and hardship events. For purposes of simplicity, the first set of excuse or exemption doctrines will be analyzed under the heading of “impossibility” and the second set will ...


The Conformity Of The Goods To The Contract In International Sales, Villy de Luca 2015 Maastricht University, European Private Law Institute

The Conformity Of The Goods To The Contract In International Sales, Villy De Luca

Pace International Law Review

The present article aims to provide a general overview on the issue of conformity of the goods to the contract as regulated by Article 35 of the Convention on Contracts for the International Sales of Goods (“CISG”).

The analysis will focus on Article 35 CISG and, after having retraced the history that led to the current formulation of the provision, will concentrate on the implications following the adoption of a “unitary” notion of conformity. The evaluation will proceed focusing on the single express and implied conformity obligations covered, respectively, in the first and second paragraphs of Article 35 CISG.

The ...


Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann 2015 Aarhus University, School of Business and Social Sciences

Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann

Pace International Law Review

This article is the first in a series of articles attempting to provide a geographical and temporal overview of the application practice of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In this first article, the success of CISG is explored. The article develops the idea of using the Albert H. Kritzer Database to achieve an overview of the success of the Convention in practice. It is argued that the success of the Convention is useful to measure by its uniformity in practice, and therefore a set of criteria relating to the Convention’s application ...


Transportation, Cooperation And Harmonization: Gats As A Gateway To Integrating The Un Seaborne Cargo Regimes Into The Wto, Lijun Zhao 2015 Middlesex University (U.K.)

Transportation, Cooperation And Harmonization: Gats As A Gateway To Integrating The Un Seaborne Cargo Regimes Into The Wto, Lijun Zhao

Pace International Law Review

This paper seeks to analyze how the World Trade Organization (WTO) may cooperate with the United Nations (UN) to unify sea-borne cargo regimes. Beginning with the current dilemma of uni-form maritime transport regime, the paper explores the relation-ship between the UN and the WTO. In light of the successful precedent of the incorporation of the UN intellectual property re-gime into the WTO, this paper probes into the feasibility that the UN and the WTO may interactively unify a maritime transport regime by reference to selected previous treaties, which include UN-administrated treaties. This paper argues the WTO-based sea transport negotiations do ...


Criminal Responsibility For Arbitrators In Chinese Law: Perversion Of Law In Commercial Arbitration, Duan Xiaosong 2015 Southwest University (China)

Criminal Responsibility For Arbitrators In Chinese Law: Perversion Of Law In Commercial Arbitration, Duan Xiaosong

Pace International Law Review

This article is prompted by a recent Chinese criminal provision governing the impartiality of arbitration. The goals of the article fare to critically examine the new criminal statute created by the provision and to put forward some proposals for reform, which could be employed to resolve the tension that exists between arbitrator impartiality and deference to arbitration. Although the new provision appears to eliminate the abuse of arbitral power, it may raise more questions than it resolves. This article explores the problems and undertakes a comparative analysis of the corresponding U.S. provision, as well as an analysis of some ...


Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont 2015 Tulane University of Louisiana

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.


Constitutional Conventions In The Digital Era: Lessons From Iceland And Ireland, Silvia Suteu 2015 University of Edinburgh School of Law

Constitutional Conventions In The Digital Era: Lessons From Iceland And Ireland, Silvia Suteu

Boston College International and Comparative Law Review

Mechanisms of constitutional development have recently attracted significant attention, specifically, instances where popular involvement was central to the constitutional change. Examples include attempts by British Columbia, the Netherlands, and Ontario at electoral reform, in addition to the more sweeping reforms sought in Iceland and Ireland. Each of these countries’ attempts exemplifies varied innovative avenues to reform involving participatory and partially citizen-led processes aimed at revitalizing politics. The little legal scholarship on these developments has provided an insufficient analytical account of such novel approaches to constitution-making. This Essay seeks to build upon the current descriptive work on constitutional conventions by focusing ...


Cultural Bias In Judicial Decision Making, Masua Sagiv 2015 Buchmann Faculty of Law, Tel Aviv University

Cultural Bias In Judicial Decision Making, Masua Sagiv

Boston College Journal of Law & Social Justice

This Essay describes the phenomenon of cultural bias in judicial decision making, and examines the use of testimonies and opinions of cultural experts as a way to diminish this bias. The Essay compares the legal regimes of the United States and Israel. Whereas in the United States, the general practice of using cultural experts in courts is well developed and regulated, the Israeli legal procedure has no formal method for admitting cultural expert testimony, and examples of opinions or testimonies of cultural experts in the Israeli legal system are sporadic. The Essay further argues that social science evidence is an ...


Dynamics Of Belgian Plurinational Federalism: A Small State Under Pressure, Céline Romainville 2015 Université catholique de Louvain

Dynamics Of Belgian Plurinational Federalism: A Small State Under Pressure, Céline Romainville

Boston College International and Comparative Law Review

This Essay outlines the dynamics of Belgian plurinational federalism. It focuses on the major driving forces of Belgian federalism by identifying the sources of change and instability, which are reshaping the institutional and constitutional layers of Belgian federalism. It then analyzes the recent Reform of the State before reviewing the indirect and direct sources of change of Belgian constitutional law originating in European law.


“One Country Two Systems” As Bedrock Of Hong Kong’S Continued Success: Fiction Or Reality?, Horace Yeung, Flora Huang 2015 University of Leicester

“One Country Two Systems” As Bedrock Of Hong Kong’S Continued Success: Fiction Or Reality?, Horace Yeung, Flora Huang

Boston College International and Comparative Law Review

Despite the handover of sovereignty over Hong Kong from the United Kingdom to China in 1997, the principles of “one country two systems” reaffirmed the autonomy of Hong Kong in a number of respects. In accordance with the Sino-British Joint Declaration and Basic Law of Hong Kong, the city is able to enjoy a high degree of autonomy over the systems and policies practiced locally, including social and economic systems, as well as the executive, legislative and judicial systems. Additionally, with its image as a robust financial market largely thanks to the institutions inherited from its colonial era, Hong Kong ...


Piecemeal Freedom: Why The Headscarf Ban Remains In Place In Turkey, Kerime Sule Akoglu 2015 Boston College Law School

Piecemeal Freedom: Why The Headscarf Ban Remains In Place In Turkey, Kerime Sule Akoglu

Boston College International and Comparative Law Review

The intersection of religion and politics has always been a volatile subject in Turkey. From the first years of the Republic to the present day, political leaders have had to balance the secular interests of the state with the religious beliefs of the public. Historically, it has been the religious public who has carried the brunt of this balancing act, specifically women. For decades, Muslim women wearing headscarves for religious reasons were fenced out of the public sphere because of a belief that their outwardly manifested religious beliefs threatened the secular structure of the Republic. They could not attend schools ...


The Traditional View Of Public Policy And Ordre Public In Private International Law, Kent Murphy 2015 University of Georgia School of Law

The Traditional View Of Public Policy And Ordre Public In Private International Law, Kent Murphy

Georgia Journal of International & Comparative Law

No abstract provided.


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