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Cover Family Law

8. Legal Parenthood and Parental Responsibility  

Kirsty Horsey

While it might often seem obvious who the parents of a child are, the rules that govern legal parenthood can sometimes be quite complex. Following natural conception there are longstanding rules and presumptions that determine one’s legal parenthood. However, complexities come in some instances where children are born using assisted reproductive techniques or surrogacy (especially when using donor sperm or eggs), as then gestation and birth, genetic parenthood, and social parenthood may be fragmented. Different from legal parenthood, the concept of parental responsibility is also important, as this relates not to who the parents are, but what ‘rights, duties, powers and authority’ are held by adults in respect of particular children. Parental responsibility may be held by people who are neither the legal parents, nor are biologically related to the child, and it can be held by more than two people, each of whom can exercise it independently of the other(s).

Chapter

Cover International Law

10. State responsibility  

This chapter illustrates the concept of responsibility in international law. Within international law, the term ‘responsibility’ has long been understood to denote how fault or blame is attributable to a legal actor for the breach of an international legal obligation. State responsibility remains the archetypal and thus most developed form of international responsibility. Nevertheless, other international actors apart from States may also bear rights and obligations under international law. The result of such capacity is the potential to bear responsibility for a breach of an international legal obligation. International law also provides for what are termed ‘circumstances precluding wrongfulness’, through which an act which would normally be internationally wrongful is not deemed as such. In such situations, international responsibility is not engaged. These are akin to defences or excuses in municipal legal orders.

Chapter

Cover Business Law

8. Terms of a Contract  

This chapter focuses on the terms or details of a contractual agreement, and considers the implications of what the parties intend to include in the agreement, what they did not mean to be included in the contract, and what significance different terms may have in the contract. It distinguishes between the terms of a contract and representations, and considers whether, when a term has been identified as such, it is a ‘condition’ or a ‘warranty’. The chapter then studies how terms are implied into the contract and how this affects terms that have been expressed. It concludes by examining how parties may seek to exclude or limit a legal responsibility through the incorporation of an exclusion clause.

Chapter

Cover Cassese's International Law

1. The Main Legal Features of the International Community  

Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà

This chapter introduces the main features of the international legal system, including the nature of international legal subjects, the lack of a central authority (and the resulting decentralization of legal ‘functions’), collective responsibility, the need for most international rules to be translated into national legislation, the range of States’ freedom of action, the overriding role of effectiveness, traditional and individualistic trends and emerging community obligations and rights, and the coexistence of the old and new patterns. These features provide a general preview of the more detailed and technical discussion of international legal rules and institutions undertaken in subsequent chapters.

Chapter

Cover Concentrate Questions and Answers Family Law

8. Parenthood and Parental Responsibility  

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on legal parenthood and parental responsibility and contains two essay questions and two problem questions. The topics covered in this chapter are: presumptions of paternity and paternity tests; legal parenthood in assisted reproduction situations; the Human Fertilisation and Embryology Act 2008; legal parenthood in surrogacy situations; and parental responsibility. The topics covered in this chapter are complex as they raise legal, ethical, and moral issues.

Chapter

Cover International Law

8. International Organizations  

Dapo Akande

This chapter examines the legal framework governing international organizations. It begins with an examination of the history, role, and nature of international organizations. It is argued that although the constituent instruments and practices of each organization differ, there are common legal principles which apply to international organizations. The chapter focuses on the identification and exploration of those common legal principles. There is an examination of the manner in which international organizations acquire legal personality in international and domestic law and the consequences of that legal personality. There is also discussion of the manner in which treaties establishing international organizations are interpreted and how this differs from ordinary treaty interpretation. The legal and decision-making competences of international organizations are considered as are the responsibility of international organizations and their privileges and immunities. Finally, the chapter examines the structure and powers of what is the leading international organization—the United Nations (UN).

Chapter

Cover International Law

9. The Individual and the International Legal System  

Robert McCorquodale

This chapter examines the role of the individual in the international legal system. It considers the direct rights and responsibilities of individuals under the international legal system; their capacity to bring international claims; and their ability to participate in the creation, development, and enforcement of international law. Particular examples from a wide range of areas of international law, including international human rights law, international criminal law, and international economic law, are used to illustrate the conceptual and practical participation of individuals in the international legal system. It is argued that individuals are participants in that system, and are not solely objects that are subject to States’ consent, though their degree of participation varies depending on the changing nature of the international legal system.

Chapter

Cover International Law

3. The Principles of the International Legal System  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. The closest thing to a manifesto for international law is the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation Among States in Accordance with the Charter of the United Nations, adopted by the UN General Assembly in 1970 as resolution 2625 (XXV). This chapter first examines the seven basic principles of the resolution: the prohibition on the threat or use of force; the duty to settle disputes peacefully; the duty of non-intervention; the duty to co-operate; (v) the principle of equal rights and self-determination of peoples; the principle of sovereign equality of States; and (vii) the principle of good faith. The discussions then turn to the nature of the Declaration; provisions on State responsibility; the implementation of international responsibility; personality and the scope of application of international law; international law in domestic courts; international law in international tribunals; the diplomatic protection of nationals; and international law outside tribunals.

Chapter

Cover Mason and McCall Smith's Law and Medical Ethics

1. Medical Ethics and Medical Practice  

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter discusses the following: the ethical basis for the practice of medicine; the organisation of modern medicine; the importance of the relationship between the medical profession and the public; legal intervention in medicine; and the doctor’s position.

Chapter

Cover Hayes & Williams' Family Law

8. Children’s rights  

This chapter introduces some theoretical discussions concerning children’s rights and examines some ‘core’ legal provisions. It also looks at the case law related to which the issue of the legal protection of children’s interests has been explored. The focus is on the child’s right to make his or her own decisions as a possible limitation on parental responsibility, explored principally in the context of children’s medical treatment.

Book

Cover International Law

Edited by Malcolm Evans

International Law is a collection of diverse writings from leading scholars in the field that brings together a broad range of perspectives on all the key issues in international law. Featuring chapters written by those actively involved in teaching and practice, this fifth edition explains the principles of international law, and exposes the debates and challenges that underlie it. The book contains seven parts. Part I provides the history and theory of international law. Part II looks at the structure of the international law obligation. Part III covers the subjects of the international legal order. Part IV looks at the scope of sovereignty. Part V looks at responsibility. Part VI considers how to respond to breaches in international obligations. Finally, Part VII looks at the various applications of international law and explains issues relating to the law of the sea, environmental law, investment law, criminal law, human rights law, migration law, and the law of armed conflict.

Chapter

Cover Cassese's International Law

7. International Organizations  

Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà

This chapter discusses the international legal personality of international organizations, illustrating the origins of the phenomenon, the evolution of such organizations over time, and the different types of organization. It goes on to consider the source and scope of their status and powers within the international legal order, inter alia, by focusing on the principle of speciality (or conferral) and the theory of implied powers. The chapter then deals with the problem of the recognition of immunities of international organizations and their personnel, as well as with the debate surrounding the rules which relate to their responsibility under international law.