Document Type

Article

Publication Title

Hofstra Law Review

Abstract

A continuing theme of the Conference on Marriage, Democracy, and Families has been the role of the state in structuring and regulating family relationships. But like so many areas, in the era of globalization, members of a family unit-or the family itself-may move across national borders. Thus, nationals of different countries may set up the family unit in a particular country, or the family itself may move across national borders. Family units may break up, and regulation of the dissolved family unit may be of concern to more than one state. Thus, on a variety of issues, in the transnational context, the different values that define family structure within particular cultures will come into direct conflict. Private international law (conflict of laws) has much to contribute to the accommodation of these competing interests. Like so many issues of globalization, regulation of family issues in the transnational context can be addressed through principles of territorial accommodation and/or agreement on universal norms. However, consensus about universal norms may be difficult to achieve given strong governmental interests in the structure of the family and the relationship of family members by respective states. Two topics-crossborder custody disputes and same-sex unions-serve as examples of the more general problem. Each offers an approach incorporating principles of private international law to resolve the tensions.

First Page

233

Volume

32

Publication Date

2003

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