Optional Choice of Court Agreements in Private International Law
In: Ius Comparatum - Global Studies in Comparative Law Ser. v.37
14 Ergebnisse
Sortierung:
In: Ius Comparatum - Global Studies in Comparative Law Ser. v.37
In: Griffith University Law School Research Paper Forthcoming
SSRN
In: Smith College studies in social work, Band 6, Heft 4, S. 360-388
ISSN: 1553-0426
In: Markets and the law
In: Melbourne University Law Review, Band 41, Heft 1
SSRN
In: Melbourne University Law Review, Band 41, Heft 1
SSRN
Australian state and territory legislation prohibits commercial surrogacy, but the prohibition has been ineffective in preventing some Australians from entering into commercial surrogacy agreements outside Australia, mainly with women in India and Thailand. This article investigates some novel and complex legal issues that may confront the Australian courts after children born in such arrangements are brought back to Australia. The issues include identifying who are the �parents� of the children, and determining their best interests. The authors call for greater coherence in Australia�s legal response to surrogacy. The aching desire for a child felt by those unable to conceive by normal means, poverty and the profit motive can be a terrible combination resulting in exploitation (especially of the poor), abuse of human rights and the commodification of children.�
BASE
Australian state and territory legislation prohibits commercial surrogacy, but the prohibition has been ineffective in preventing some Australians from entering into commercial surrogacy agreements outside Australia, mainly with women in India and Thailand. This article investigates some novel and complex legal issues that may confront the Australian courts after children born in such arrangements are brought back to Australia. The issues include identifying who are the �parents� of the children, and determining their best interests. The authors call for greater coherence in Australia�s legal response to surrogacy. The aching desire for a child felt by those unable to conceive by normal means, poverty and the profit motive can be a terrible combination resulting in exploitation (especially of the poor), abuse of human rights and the commodification of children.�
BASE
In: (2015) 11 Journal of Private International Law 345-378
SSRN
In: Studies in Private International Law Ser.
After languishing for decades in the domains of rigid doctrinalism and confusing theory, the conflict of laws is increasingly being recognized as an important area of law to a global community. To demonstrate its importance, Michael Whincop and Mary Keyes transcend the divide between the English pragmatic tradition and the circularity of American policy-based theory. They argue that the law governing multistage conflicts can minimize the social costs of litigation, increase the extent of co-ordination, facilitate private ordering and limit regulatory monopolies and cross-border spillovers. Pragmatic in outlook and economic in methodology, they pursue these themes across a broad range of doctrinal issues and offer valuable links to parallel analyses in domestic contexts
In: Routledge Revivals
Cover -- Half Title -- Dedication -- Title Page -- Copyright Page -- Table of Contents -- List of Figures and Tables -- List of Cases -- List of Statutes -- Foreword -- Preface -- Acknowledgements -- 1 Introduction -- 2 Theory in Conflict of Laws -- 3 Contracts -- 4 Mandatory Rules and Statutory Interpretation -- 5 Market Torts and Concurrent Liability -- 6 Non-market Torts -- 7 Property -- 8 Jurisdiction and Procedure -- 9 Corporations as Subjects of Jurisdiction -- 10 Beyond the Nation State -- Bibliography -- Index.
In: (2019) 47(3) Federal Law Review 420
SSRN
In: Studies in private international law volume 22
"As people, business, and information cross borders, so too do legal disputes. Globalisation means that courts need to apply principles of private international law with increasing frequency. Thus, as the Law Society of New South Wales recognised in its 2017 report The Future of Law and Innovation in the Profession, knowledge of private international law is increasingly important to legal practice. In particular, it is essential to the modern practice of commercial law. This book considers key issues at the intersection of commercial law and private international law. The authors include judges, academics and practising lawyers, from Australia, New Zealand, Singapore and the United Kingdom. They bring a common law perspective to contemporary problems concerning the key issues in private international law: jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book also addresses issues of evidence and procedure in cross-border litigation, and the impact of recent developments at the Hague Conference on Private International Law, including the Convention on Choice of Court Agreements on common law principles of private international law."--Bloomsbury Publishing