Creative medicine and globalization: new challenges and new controversies for private international law.

Summary The 21st century is the century of the mutation of medical research. Medicine, which yesterday could only promise to cure, can today "create", "regenerate" Man. Thanks to techniques such as medically assisted procreation or pre-implantation diagnosis, this medicine helps to bring life into being where it is capricious and can even predetermine its contours. In doing so, it influences the social organization, proposing new patterns that were unthinkable yesterday. Faced with this observation, legislators have undertaken to weigh the risks and benefits of the applications of this medicine, to decipher its dangers in order to guarantee the safeguard of human dignity. However, although fundamental, this last value has quickly proved to be particularistic. Thus, some legislations prohibit, others authorize with certain restrictions, others allow very liberally. Now, in a globalized world, more and more informed of this legislative patchwork, individuals have undertaken temporary migrations to obtain elsewhere what they were forbidden. Said in the State of their residence. Moreover, some individuals who have legally resorted to one of these practices in their country of origin have migrated to other States where these practices were unheard of. In the absence of an international instrument, these migrations create two types of difficulties. The first, in terms of legislative efficiency, the second in terms of the coherence of personal status. Private international law can provide solutions to these problems, if it pays attention to the respect of logical links between institutions and if it does not neglect the impact of Community freedoms.