Suchergebnisse

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.�

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.�

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.

Foreword / The Hon William Gummow AC -- Commercial issues in private international law / Steven Rares -- In absentia : the evolution and reform of Aaustralian rules of adjudicatory jurisdiction / Andrew Dickinson -- The exercise of jurisdiction and the role of enforcement / Vivienne Bath -- The case management stay in private international law / Reid Mortensen -- The 2005 Hague convention : a panacea for non-exclusive and asymmetric jurisdiction agreements too? / Brooke Marshall -- Reciprocal recognition and enforcement of foreign judgments in china : the proposal of a registration system / Jie (Jeanne) Huang -- Paying attention to choice of law in international commercial arbitration, or, why the conflict of laws always matters / Benjamin Hayward -- The conflict of laws as a shared language for the cross-border application of statutes / Maria Hook -- Choice of law in the age of statutes : a defence of statutory interpretation after valve / Michael Douglas -- New and alternative approaches to proof of foreign law : a practitioners' perspective / Justin Hogan-Doran and Dominique Hogan-Doran -- The rise of party autonomy in commercial conflict of laws / TM Yeo -- Developing Australian private international law : the Hague choice of court convention & the Hague principles of choice of law in international commercial contracts / Mary Keyes -- Concluding remarks / The Hon Justice Paul Le Gay Brereton AM RFD.