Dagan and Dorfman's Jus Gentium Privatum

7 Pages Posted: 21 Dec 2018

See all articles by Evan Fox-Decent

Evan Fox-Decent

McGill University - Faculty of Law

Date Written: October 14, 2018

Abstract

In their provocative essay, Interpersonal Human Rights, Dagan and Dorfman argue that when private parties from different national jurisdictions interact, their interaction is properly subject to a distinctive regime of private law they call jus gentium privatum. In this comment, I draw attention to two dimensions of the Dagan/Dorfman project. The first is internal, and involves an examination of Dagan and Dorfman’s basic argument from privity in favor of the jus gentium privatum. I suggest there is tension between their use of a formal concept of privity, on the one hand, and their theory of private law, on the other. The second dimension I explore pertains to characterization, and interrogates Dagan and Dorfman’s description of the jus gentium privatum as a regime of interpersonal human rights. I ask after what Dagan and Dorfman mean here by “interpersonal,” since the human rights duty-bearer of international law — the state — is a person, too.

Keywords: jus gentium privatum, transnational law, human rights

Suggested Citation

Fox-Decent, Evan, Dagan and Dorfman's Jus Gentium Privatum (October 14, 2018). Cornell International Law Journal Online, Vol. 51, 2018. Available at SSRN: https://ssrn.com/abstract=3295431

Evan Fox-Decent (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

HOME PAGE: http://www.mcgill.ca/law/about/profs/fox-decent-evan

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