In ‘Interpersonal Human Rights’ we developed a theory of the jus gentium privatum: the normative DNA of private law, which transcends its domestic instantiations and is thus key to the legal treatment of transnational wrongs. Professors Roxana Banu, Evan Fox-Decent, Mitchel Lasser, Ralf Michaels, and Horatia Muir Watt offer fascinating comments on this account and we are grateful for their rigorous engagement with our work and for their penetrating insights. In this short Response we focus on the three main challenges they raise, dealing with the conception of the state implicit in our theory, the proper role of politics, and the way in which our theory may actually make a difference.
Dagan, Hanoch and Dorfman, Avihay, Justice, Politics, and Interpersonal Human Rights (October 16, 2018). 51 Cornell International Law Journal Online (forthcoming).