Pasquale Pirrone

The Institute of International Law Resolution on Human Rights and Private International Law: General Considerations

  • Abstract

Informations and abstract

Keywords: human rights; private international law; international cooperation; respect of human rights in cross-border relations; legal entities concerned

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’?

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