Kulturelle Relativität des Internationalen Rechts

Culture-bound normative convictions are expressions of individual or group-specified attitudes and ideal values, which developed in seperated judical areas and compete in medial connected societies. Orient and occident, capitalism and communism, christianity and islam name and highlight these differences. The basics of a culture-bound transnational law with regard to the participant’s expectations of justice will be discussed. In addition the process of constitutionalisation of international public law and its legal values is shown. The western standard seems relative and justifies the threat of cultural imperialism. Finally the function of the international private law as an instrument of equation between clashing ideal values regarding private-law facts is picked out as the other central theme. Will these facts not be considered on behalf of conflict of laws rules, the problems misalign to the substantive rules.

Contributions by:
Erik Jayme (Heidelberg), Bardo Fassbender (St. Gallen), Götz Schulze (Potsdam).