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27 Swiss. Rev. Int'l & Eur. L. 513 (2017)
Statelessness and International Surrogacy from the International and European Legal Perspectives

handle is hein.journals/sriel27 and id is 532 raw text is: Statelessness and International Surrogacy from the International and European Legal Perspectives by Vronique Boillet* & Hajime Akiyama* This article examines the possibility of statelessness resulting from international surrogacy. Although some international and European treaties consider nationality to be a human right, there are still many stateless persons. Among the many issues in international law regarding the prevention of statelessness, one concern is the outdated provisions. Significant issue in the context of statelessness and international surrogacy is related to jus sanguinis principle and the definition of parents>. In international surrogacy, there can be several parents depending on the interpretation of the term. This article examines different solutions to this problem. Table of Contents I. Introduction II. International and European Legal Framework to Prevent Statelessness A. Statelessness in International Law B. International Covenant on Civil and Political Rights C. Convention on the Rights of the Child D. Convention on the Reduction of Statelessness E. European Convention on Nationality F. European Convention on Human Rights G. Limits of the International Instruments III. International Surrogacy and Statelessness A. Surrogacy B. Possible Relationship between International Surrogacy and Statelessness C. Tfhe Manji Case D. Switzerland IV. Possible Solutions A. Jus Soli if the Child is to be Stateless B. Jus Sanguinis by Surrogate Mother C. Jus Sanguinis by Genetic Parentage D. Jus Sanguinis by Intended Parents E. An Ad Hoc Approach to Prevent Statelessness V. Conclusion This research was sponsored by the Young Researchers Exchange Program between Switzerland and Japan . under the Swiss-Japanese Science and Technology Program , and partially sponsored byJSPS KAKENHI Grant Number JP16J07839. The authors wish to thank Ms. Shaheeza Lalani who assisted in the proof-reading of the manuscript. Ph. D, LL.M. (Berlin), Associate Professor, University of Lausanne. Master ofArts in Peace Studies (turn laude) (ICU); Research FellowJapan Society for the Promotion of Science; Doctoral Student, International Christian University (ICU); Visiting Researcher, University of Lausanne (akiyama.hajime6@alm.icu.ac.jp). Volume 27 (2017), Number 4

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