Organ transplantation in Switzerland: impact of the new transplant law on cold ischaemia time and organ transports

On 1 July 2007 a new transplant law came into force in Switzerland. The principal item of this new law is the change from centre-oriented allocation to patient-oriented national allocation of organs. The aim of the present study is to assess the impact on cold ischaemia time (CIT) and transport requirements.

Global Cultural Law and Policy in the Age of Ubiquitous Internet

Digital technologies and the Internet in particular have transformed the ways we create, distribute, use, reuse and consume cultural content; have impacted on the workings of the cultural industries, and more generally on the processes of making, experiencing and remembering culture in local and global spaces. Yet, few of these, often profound, transformations have found reflection in law and institutional design. Cultural policy toolkits, in particular at the international level, are still very much offline/analogue and conceive of culture as static property linked to national sovereignty and state boundaries. The article describes this state of affairs and asks the key question of whether there is a need to reform global cultural law and policy and if yes, what the essential elements of such a reform should be.

Tel Aviv - Mumbai - Tel Aviv: Same-Sex couples seeking parenthood in India

In Israel religious belonging remains a central category of citizenship. Laws concerning reproductive technologies such as the surrogacy law from 1996 are strongly informed by Orthodox rabbis’ kinship concepts (Kahn 2000, Shalev 1998, Weisberg 2005). A set of regulations secures that heterosexual Jewish couples bring into being children who are unequivocally Jewish themselves. The Israeli surrogacy law can therefore be understood as part of a policy seeking to reproduce the boundaries of the Jewish-Israeli collective. Same-sex couples do not fit this narrow definition of family and have no access to surrogacy in Israel. Yet gay couples maintain that parenthood is a universal civil right and bypass their exclusion through surrogacy arrangements abroad. The proposed paper follows these couples to Mumbai, which has become a popular destination for surrogacy in recent years. After their children’s birth the couples spend three to five weeks in India. In this time they not only take on their new tasks as fathers. They are also occupied with the bureaucracy of disconnecting the children from India and turning them into Israeli citizens. The paper elaborates on the bureaucratic processes and the hurdles same-sex couples encounter when seeking recognition of their parenthood and citizenship for their children. It unveils the intricacies and ramifications of Israel’s contradicting surrogacy policy of enforcing narrow definitions of family inside the country and simultaneously outsourcing problematic cases.

The International Law of Culture : Prospects and Challenges

This is a conference review of an event on the international law of culture, which took place in late May 2012 at the University of Göttingen, Germany. The review provides context to it considering the complex landscape of international initiatives of hard and soft law nature, which address culture and their impact on the environment, where cultural rights are to be exercised.

The Law of the WTO and the Communications Law of the EC : On a Path of Harmony or Discord?

This paper presents an overview of the law of the World Trade Organization (WTO) relevant to telecommunications services and correlates this body of law with the current regulatory framework for electronic communications networks and services in the European Community. The latter has been adapted to meet the challenges of technological and market developments in communications, epitomized by the processes of digitization, enhanced transport networks and convergence. The novel solutions embodied in the EC electronic communications regime, notably, a new design of the Significant Market Power mechanism, a projected withdrawal of sector specific regulation and an affirmation of the principle of technological neutrality, pose interesting questions as to the conformity of this reformed EC communications law with the WTO rules on telecommunications services and the obligations of the European Communities and their Member States. Looking beyond the WTO legal compatibility test, essential questions regarding the need for evolution of the WTO telecommunications rules are raised. The present paper contributes to the ongoing debate in that context in light of the EC experience.