The Institute of International Law Resolution on Human Rights and Private International Law: General Considerations
Are you already subscribed?
Login to check
whether this content is already included on your personal or institutional subscription.
Abstract
On 4th September 2021 the Resolution on Human Rights and Private International Law was adopted by the Institut de Droit International. This paper is aimed at presenting a brief overview of this Resolution and to propose few short considerations about some of its features, which are peculiar and/or doubtful, such as the universal or not-universal nature of some human rights; the human rights aptitude to affect all the branches of international private law; the legal entities that must ensure the respect of human rights in cross border relations between private individuals; the importance of international cooperation in this field. The paper ends with an open question concerning the Resolution basic approach: do human rights have an influence from outside on private international law, with a corrective function in order to protect private individuals? Or are human rights an inner part of the private international law systems and are they a goal that these systems must pursue, for the protection of a subject that we could name ‘transnational individual’?
Keywords
- human rights
- private international law
- international cooperation
- respect of human rights in cross-border relations
- legal entities concerned