Conflicts between choice of law rules and recognition of judgments rules in private international law with particular reference to cases involving determination of status.

This thesis presents a novel approach to part of the problem of the Incidental Question in the Conflict of Laws. Only cases where the answer to what has been called the main question depends on recognition of a foreign judgment (the so called incidental or preliminary question) are included. The problem is analysed as involving a conflict between two different types of conflicts rules i.e. choice of law rules and recognition rules. The thesis examines whether this conflict can be satisfactorily solved by a global preference for either of these rules. Whilst many writers have considered the theoretical base for the conflict of laws, none has yet specifically compared the rationales for choice of law rules and recognition rules in order to determine whether as a matter of principle one type of rule should be preferred to the other rule. This requires a fresh perspective. After rejecting the global solution, the thesis proceeds to examine how a result selecting approach might be applied to the present conflict of rules. After a brief survey of different result selecting approaches, it is concluded that the most appropriate approach in the present conflict of rules context is the construction of specific result orientated rules for each particular category of case. The desired result should be dictated by the policy of the forum, since in fact the conflict is between two conflict rules of the forum. A number of specific topics (including validity of remarriage and matrimonial property rights) concerning recognition of status judgments are considered in depth. The methodology adopted is as follows;- a) . The particular circumstances in which the 'conflict of rules' problem is likely to arise in relation to the particular issue is explained. b). The various possible 'choice of rule' rules which might be adopted for the particular issue are considered. c) . The policy of English law in relation to the particular issue is ascertained and the 'choice of rule' rule which most closely gives effect to that policy recommended. The thesis contributes to jurisprudence of Private International Law in three main ways:- 1. The understanding of conflicts between different types of conflict rules is of fundamental importance to the whole structure of Private International Law. This thesis shows that this problem is of more significance than previously thought. 2. Whilst writers have adopted a functional approach to the incidental question, none have attempted to construct a series of rules based on forum policy. 3. There has been no previous attempt to identify forum (here English) policy in relation to the particular issues chosen

Ethics and regulation of inter-country medically assisted reproduction:A call for action

The proliferation of medically assisted reproduction (MAR) for the treatment of infertility has brought benefit to many individuals around the world. But infertility and its treatment continue to be a cause of suffering, and over the past decade, there has been a steady growth in a new global market of inter-country medically assisted reproduction (IMAR) involving 'third-party' individuals acting as surrogate mothers and gamete donors in reproductive collaborations for the benefit of other individuals and couples who wish to have children. At the same time there is evidence of a double standard of care for third-party women involved in IMAR, violations of human rights of children and women, and extreme abuses that are tantamount to reproductive trafficking. This paper is the report of an inter-disciplinary working group of experts who convened in Israel to discuss the complex issues of IMAR. In Israel too IMAR practices have grown rapidly in recent years, mainly because of restrictions on access to domestic surrogacy for same sex couples and a chronically insufficient supply of egg cells for the treatment of couples and singles in need. Drawing upon local expertise, the paper describes documented practices that are harmful, suggests principles of good practice based on an ethic of care, and calls for action at the international, national and professional levels to establish a human rights based system of international governance for IMAR based on three regulatory models: public health monitoring, inter-country adoption, and trafficking in human beings, organs and tissues.</p