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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 ...


Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, yehezkel Margalit 2016 SelectedWorks

Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...


Privately Failing: Recidivism In Public And Private Prisons, Lee N. Gilgan 2015 Willamette University

Privately Failing: Recidivism In Public And Private Prisons, Lee N. Gilgan

Lee N Gilgan

This study would add to available research regarding recidivism rates following incarceration in private prisons in contrast to incarceration in government-run prisons. This is a non-experimental meta-analysis viewing numerous studies discussing the effects of multiple covariants within public and private prisons. Based on the information and conclusion in these studies, we find that there is little overall consensus concerning the effects of increased privatization on recidivism. While many studies find certain aspects of privatization to have some potential effect on recidivism, there are many other aspects that either are out of scope or have a negative effect on recidivism. However ...


State Actors, Humanitarian Intervention And International Law: Reopening Pandora's Box, H. Scott Fairley 2015 Harvard Law School

State Actors, Humanitarian Intervention And International Law: Reopening Pandora's Box, H. Scott Fairley

Georgia Journal of International & Comparative Law

No abstract provided.


And Then There Were Two: Why Is The United States One Of Only Two Countries In The World That Has Not Ratified The Convention On The Rights Of The Child?, Mark Engman 2015 Director, Public Policy and Advocacy at U.S. Fund for UNICEF

And Then There Were Two: Why Is The United States One Of Only Two Countries In The World That Has Not Ratified The Convention On The Rights Of The Child?, Mark Engman

International Human Rights Law Journal

Twenty-five years ago, the United Nations General Assembly (‘U.N. General Assembly’) unanimously adopted the Convention on the Rights of the Child (hereinafter the “CRC”), which became the most widely accepted human rights treaty in history. Today, every nation in the world is a party to the CRC – except for two: Somalia, and the United States. This article will analyze the politics behind America’s failure to ratify this treaty. That may seem a little out of place in a law journal, but in reality the United States’ (‘U.S.’) acceptance or rejection of international law is as much a ...


Principled Humanitarian Organizations And The Use Of Force: Is There Space To Speak Out?, Scott Paul, Elizabeth Holland 2015 Senior Humanitarian Advisor, Oxfam America

Principled Humanitarian Organizations And The Use Of Force: Is There Space To Speak Out?, Scott Paul, Elizabeth Holland

International Human Rights Law Journal

Humanitarian organizations are fundamentally concerned with addressing the suffering of civilians. The decision by an armed actor to resort to force can result in greater protection or greater harm, and has at least as significant an impact on civilian lives as any decision made during the conduct of hostilities. Yet, humanitarian organizations rarely publicly advocate for or against the use of force. This article explores the perceived and actual limitations that humanitarian principles place on the public advocacy of humanitarian organizations regarding the recourse to force. It begins with a discussion of the relevant legal framework and explication of the ...


Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala 2015 Robert L. Bernstein International Human Rights Fellow at the Center for Justice and Accountability

Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala

International Human Rights Law Journal

Sri Lanka’s 26-year civil war against the Liberation Tigers of Tamil Eelam came to a bloody end in May 2009, amidst allegations of war crimes and crimes against humanity on both sides. Since then, Tamils in the diaspora, long accused of funding the war, have become vocal proponents for war crimes accountability. Some might label certain forms of diaspora advocacy as “lawfare” or “long-distance nationalism.” However, these labels fail to account for the complex memories and identities that shape diaspora advocacy for accountability today. In order for Sri Lanka to move forward from decades of conflict, transitional justice mechanisms ...


No Child Is An Island: The Predicament Of Statelessness For Children In The Caribbean, Catherine A. Tobin 2015 Senior Protection Associate, United Nations High Commissioner for Refugees

No Child Is An Island: The Predicament Of Statelessness For Children In The Caribbean, Catherine A. Tobin

International Human Rights Law Journal

It may be difficult for one to imagine that small tropical islands in the Caribbean harbor some of the worst laws and policies on nationality in the Western Hemisphere, causing a significant statelessness problem in the region. With nearly a quarter million persons affected in the region, the Caribbean is indeed the cradle of statelessness in the Americas. Statelessness in the Caribbean arises in large part from poor policies and practices with regard to birth registration and transmission of nationality and is most often triggered by migration.

In a region characterized by human mobility, many children in the Caribbean are ...


A Forgiveness Law: The Path To Solve The Peace Versus Justice Dilemma, Juan Carlos Portilla 2015 Boston College Law School

A Forgiveness Law: The Path To Solve The Peace Versus Justice Dilemma, Juan Carlos Portilla

Boston College Journal of Law & Social Justice

The peace process between the Colombian government and the Colombian guerrillas provides a case study to examine the operation of a forgiveness law under international law. In 2012, the Colombian Congress passed a legal framework for peace, which essentially provided amnesty for those accused of international crimes. While amnesty trades justice for peace, the forgiveness law proposal for Colombia would secure justice and peace together. Unlike amnesty, the forgiveness law proposal is lawful under international law, for it guarantees prosecution of international crimes, discovery of the truth, a fair trial, adjudication of individual criminal responsibility, redress for victims, guarantees of ...


Air Pollution, Health, And Human Rights, Jonathan M. Samet, Sofia Gruskin 2015 USC, Institute for Global Health

Air Pollution, Health, And Human Rights, Jonathan M. Samet, Sofia Gruskin

University of Southern California Legal Studies Working Paper Series

Worldwide, the problem of air pollution is heterogeneous in its sources and in the populations affected, but consistent in that there is an urgent need for action. In this Comment, we address whether framing air pollution as a human rights issue would more quickly and efficiently motivate and direct actions than what is done at present. We conclude that rights-based approaches merit deeper consideration to advance control for air pollution worldwide at a time when air quality is notably deteriorating in many parts of the world.


Latest Surveys And Polls On Bascule Of Religion And Belief In Both The United Kingdom And Iran, Mohamad Ali Ali Yousefkhani Mr 2015 Azad University of Tehran

Latest Surveys And Polls On Bascule Of Religion And Belief In Both The United Kingdom And Iran, Mohamad Ali Ali Yousefkhani Mr

Mohamad Ali Ali Yousefkhani

Numerous surveys indicate that the proportion of individuals who do not hold religious beliefs is steadily increasing. Religions and beliefs are notoriously difficult to measure, as they are not fixed or innate, and therefore any poll should be primarily treated as an indication of beliefs rather than a concrete measure. However, one of the foremost respected measures of religious attitudes is the annual British Social Attitudes Survey, further details of the latest report may be found on NatCen’s website


Blurred Lines Or Bright Line? Addressing The Demand For Sex Trafficking Under California Law, Rachel N. Busick 2015 Pepperdine University

Blurred Lines Or Bright Line? Addressing The Demand For Sex Trafficking Under California Law, Rachel N. Busick

Pepperdine Law Review

Like the Thirteenth Amendment, which made slavery punishable by law, additional statutes that protect victims and punish those involved in sex trafficking are needed in the United States to abolish modern-day slavery. This Comment focuses specifically on California's laws relating to sex trafficking for two reasons. First, California's laws fail to adequately address the demand for sex trafficking. Second, California has a unique relationship to pornography, which is intrinsically linked to sex trafficking. Part II explains the definition and realities of sex trafficking with a special focus on buyers creating demand for sex trafficking. Part III discusses the ...


The Meaning Of The Responsibility To Protect: An Analysis Of The R2p Principle In International Law, 2001-2013, Muditha Halliyadde 2015 Indiana University Maurer School of Law

The Meaning Of The Responsibility To Protect: An Analysis Of The R2p Principle In International Law, 2001-2013, Muditha Halliyadde

Theses and Dissertations

The thesis analyzes the first decade of experience with the principle of the responsibility to protect (R2P), in order to evaluate the status of the R2P principle in contemporary international law. The R2P principle is an important topic because its meaning, as well as its effect, continues to be debated in international law. The thesis examines state practice within the United Nations and beyond after the articulation of the R2P principle in 2001. The analysis includes detailed case studies relevant to R2P: Darfur, Libya, Côte d’Ivoire and Syria. The thesis argues that the R2P principle has not significantly changed ...


Authorization Versus Regulation Of Detention In Non-International Armed Conflicts, Ryan Goodman 2015 U.S. Naval War College

Authorization Versus Regulation Of Detention In Non-International Armed Conflicts, Ryan Goodman

International Law Studies

What does the law of armed conflict say about detention in non-international armed conflict? Is the law “utterly silent,” as some contend, with respect to the grounds for detention—regulating who may be confined and for what status or behavior? And do the in bello rules provide a source of affirmative authority that empowers belligerents to engage in detention? How those questions are resolved and, in particular, the basis for reaching the conclusions may have unintended consequences for the regulation of warfare. This article contends that the laws of war regulate the grounds for detention but do not authorize detention ...


An International Right To Privacy? Be Careful What You Wish For, Stephen J. Schulhofer 2015 NYU School of Law

An International Right To Privacy? Be Careful What You Wish For, Stephen J. Schulhofer

New York University Public Law and Legal Theory Working Papers

Nations now have unprecedented capacity to spy on global communication, and yet they typically acknowledge no legal restrictions on their right to surveil non-citizens outside their borders. Moreover, incidental collection and inter-governmental cooperation give people little protection against surveillance by their own governments as well.

There is growing support for plugging these loopholes by a multilateral agreement that would establish internationally applicable safeguards. The present paper concludes that such an agreement, far from strengthening global privacy protection, would almost certainly weaken it. Even among Western democracies, the search for transnational common ground and the institutional priorities of the negotiators would ...


Detention Of Australia’S Asylum Seekers In Nauru: Is Deprivation Of Liberty By Any Other Name Just As Unlawful?, Azadeh Dastyari 2015 Monash University

Detention Of Australia’S Asylum Seekers In Nauru: Is Deprivation Of Liberty By Any Other Name Just As Unlawful?, Azadeh Dastyari

Azadeh Dastyari

This article will examine the detention of Australia’s asylum seekers in Nauru. In particular, this article will assess the conformity of the 2013 MOU between Australia and Nauru with the protections against unlawful deprivation of liberty under the Constitution of Nauru and the protections against arbitrary detention afforded to asylum seekers under international law.

The article will begin by discussing the transfer of asylum seekers by Australia to Nauru and the legality of this arrangement under Australian municipal law. The article will then discuss the arrangements for asylum seekers once they are in Nauru. It will demonstrate that the ...


Filartiga V. Pena-Irala: Comments On Sources Of Human Rights Law And Means Of Redress For Violations Of Human Rights, Gabriel M. Wilner 2015 University of Georgia School of Law

Filartiga V. Pena-Irala: Comments On Sources Of Human Rights Law And Means Of Redress For Violations Of Human Rights, Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.


Torture As A Violation Of The Law Of Nations, Louis B. Sohn 2015 University of Georgia School of Law

Torture As A Violation Of The Law Of Nations, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


Quis Custodiet Ipsos Custodies? The Current State Of Sexual Assault Reform Within The U.S. Military And The Need For The Use Of A Formal Decisionmaking Process In Further Reform, Danielle Rogowski 2015 Seattle University School of Law

Quis Custodiet Ipsos Custodies? The Current State Of Sexual Assault Reform Within The U.S. Military And The Need For The Use Of A Formal Decisionmaking Process In Further Reform, Danielle Rogowski

Seattle University Law Review

Who protects those who protect the nation? In the United States, these responsibilities are levied upon the U.S. Congress, which has Constitutional authority to “make rules for the Government and Regulation of the land and naval Forces.” As such, the U.S. military currently has a robust and well-developed judicial system governed by the Uniform Code of Military Justice (UCMJ). Yet critics have attacked this system during the past two decades by alleging that it fails to adequately prevent and prosecute sexual assault within the ranks. Following scandals at the 1991 Tailhook Convention, Aberdeen Proving Grounds, and the United ...


Human Rights Violations At Guantánamo Bay: How The United States Has Avoided Enforcement Of International Norms, Samantha Pearlman 2015 Seattle University School of Law

Human Rights Violations At Guantánamo Bay: How The United States Has Avoided Enforcement Of International Norms, Samantha Pearlman

Seattle University Law Review

Guantánamo Bay has become a symbol of the United States’ approach to the War on Terror. The detention center is globally known for the human rights violations committed there; yet, the international community has failed to take actions to successfully close the facility through either the use of pressure on the U.S. government or by utilizing enforcement mechanisms against the United States as it would any other nation committing proportional human rights violations. The United States’ actions at Guantánamo Bay violate its obligations under the Third Geneva Convention, the International Covenant for Civil and Political Rights (ICCPR), the Convention ...


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