Conceptualizing the Relationship between International Human Rights Law and Private International Law
Bibliographic record
Abstract
In the domestic context, constitutional and private law regimes sit together in an uneasy posture. To reconcile them, domestic regimes tend to articulate some theoretical mechanism of interaction. For example, in the United States, the state action doctrine attempts to mediate the relationship, while in Canada and Germany, the theory of indirect horizontal effect plays an analogous role. This Note explores the possibility of a corresponding tension at the international level. At least in conceit, private international law and international human rights law regimes exist side-by-side. But they lack a clear framework governing their interaction. Drawing from work analyzing the impact of the European Convention on Human Rights (“ECHR”) on private international law, this essay identifies and evaluates two potential candidates for a mediating mechanism that could operate beyond the European context: the public policy exception and the concept of horizontal effect. Given the widely-perceived issue of rights underenforcement, a clearer specification of the relationship between international human rights law and private international law might offer broader avenues for rights realization.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.003 | 0.001 |
| Scholarly communication | 0.001 | 0.002 |
| Open science | 0.001 | 0.000 |
| Research integrity | 0.000 | 0.001 |
| Insufficient payload (model declined to judge) | 0.004 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".