Identities, Marginalization and Private International Law: Political Recognition and Same-Sex Unionss Transnational Effects in Europe

2014 ◽  
Author(s):  
Ivana Isailovic
Keyword(s):  
International Law ◽  
Private International Law ◽  
Same Sex

Same-Sex Relationships and Anglo-Canadian Choice of Law: An Argument for Universal Validity

1997 ◽  
Vol 34 ◽  
pp. 103-136
Author(s):  
Wendy A. Adams
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Legal Status ◽  
Supreme Court Of Canada ◽  
Private International Law ◽  
Same Sex ◽  
Choice Of Law ◽  
The Supreme Court ◽  
The Face

SummaryThe distinction between formal and essential validity in Anglo-Canadian choice of law regarding marriage is an illogical bifurcation that unnecessarily invalidates same-sex relationships contracted in foreign jurisdictions. The Supreme Court of Canada has recently reformulated certain rules of private international law, taking into account both the constitutional and sub-constitutional imperatives inherent in a federal setting and the need for order and fairness when co-ordinating diversity in the face of increasing globalization. Reform of the choice of law rules regarding the validity of foreign marriages should proceed accordingly with the result being that a marriage valid where celebrated is valid everywhere. No principled reason exists to deny recognition to same-sex relationships validly contracted in other jurisdictions, nor to differentiate between the rights and obligations arising from the legal status of same-sex and different-sex relationships.

scholarly journals The New Zealand Civil Union Act: New Challenges for Private International Law

2006 ◽  
Vol 37 (1) ◽  
pp. 69
Author(s):  
Joanna Campbell
Keyword(s):  
Public Policy ◽  
New Zealand ◽  
International Law ◽  
Current Approach ◽  
Private International Law ◽  
Same Sex ◽  
Civil Unions ◽  
Civil Union ◽  
New Challenges ◽  
Union Type

This article discusses private international law issues which arise as a result of the Civil Union Act 2004, which came into force in 2005.  The author first discusses what kind of recognition New Zealand may extend to foreign unions, including both civil union type relationships and same sex marriages.  This discussion considers recognition under the Civil Unions (Recognised Overseas Relationships) Regulations 2005, recognition as marriage and other possible avenues of recognition.  This includes a consideration of currently recognised and unrecognised relationships, and the desirability of the current approach. It also includes a discussion of the issues surrounding the recognition of these types of relationships generally; for example, validity, status and public policy. The author then considers what kind of recognition the New Zealand civil union may receive in foreign jurisdictions.

scholarly journals Same-Sex Marriages in Canadian Private International Law

2013 ◽  
Vol 51 (1) ◽  
pp. 77
Author(s):  
Jan Jakob Bornheim
Keyword(s):  
International Law ◽  
Current Treatment ◽  
Private International Law ◽  
Same Sex ◽  
Political Debate ◽  
Same Sex Couples ◽  
Civil Marriage ◽  
Media Reports ◽  
The Government ◽  
C 32

In 2012, the Canadian federal government took a position in court that same-sex couples married in Canada were not legally married if the law of their domicile did not recognize such marriages. As a reaction to the subsequent media reports and political debate, the government introduced Bill C-32 to modify the Civil Marriages Act. This article analyzes the current treatment of same-sex marriages by foreign-domiciled spouses in Canadian private international law, criticizes the changes to the Civil Marriage Act, and replies to a recent academic commentary on the issue.

Private International Law Aspects of the Introduction of Same-Sex Marriages in Sweden

2009 ◽  
Vol 78 (3) ◽  
pp. 253-261 ◽  
Author(s):  
Michael Bogdan
Keyword(s):  
International Law ◽  
Family Law ◽  
Point Of View ◽  
Large Majority ◽  
Private International Law ◽  
Foreseeable Future ◽  
Same Sex ◽  
Foreign Countries ◽  
Swedish Family ◽  
Same Gender

AbstractOn 1 May 2009, Swedish law was amended in order to allow regular marriages between two persons of the same gender. While this reform was relatively simple from the point of view of Swedish family law, it gives rise to a number of questions concerning private international law, mainly because the large majority of foreign countries do not, and within foreseeable future will not, permit such marriages.

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