Second Issue of 2014’s Journal du Droit International
The second issue of French Journal du droit international (Clunet) for 2014 was just released. It contains three articles focusing on issues of private international law and several casenotes. A full table of content is available here.
Vincent Chetail (Institute of Graduate Studies, Geneva), Les relations entre droit international privé et droit international des réfugiés : histoire d’une brève rencontre
Although the interaction between private international law and international refugee law has received scant attention from the doctrine, the relationship between the two branches of law highlights both their convergence and specificity. Their mutual influence oscillates between two contradictory trends : interdependence and particularism. On the one hand, private international law constitutes a substantial source of inspiration for elucidating the whole structure of the refugee status. On the other hand, international refugee law paradoxically emancipates from private international law on issues directly pertaining to this last discipline.
Eric Fongaro (Bordeaux University), L’anticipation successorale à l’épreuve du « règlement successions »
The Regulation (EU) N° 650/2012, known as « Regulation Succession » will bring important innovations, when it will come into force, for the settlement of successions which will open as from August 17th, 2015 and which will present elements of foreign origin. However, right now, some revolutionary provisions of the European text have authority to apply to anticipate the future settlements of succession. In this respect, the Regulation contains provisions particularly welcome for fixing the law applicable to provisions on death. However, if the succession treatment of these liberalities is called to raise the succession law, the regulation, by the new criteria of attachments that pose, also authorizes the establishment of new succession anticipation strategies for changing times the law of succession. It facilitates this way, not only the anticipation under the control of the law of succession strategies, but also strategies to directly control the inheritance law itself.
Hugues Fulchiron (Lyon University), La lutte contre le tourisme procréatif : vers un instrument de coopération internationale ?
For several years a global market of procreation is developing, carried by the rising desire to have a child, among heterosexual couples as among gay couples, and the division of States on subjects as sensitive as medically assisted procreation and surrogacy. Beyond the ethical questions raised by the procreative tourism, the issue of the situation of persons involved in the process : intended parents, surrogates, and especially children. Only international cooperation on the model of the Hague Convention regarding international adoption, could help to find a balance between the principles defended by the States and the protection of people, especially children.