2012 Fiscal Year Final Research Report
Cultural Identity in Private International Family Law
| Project/Area Number |
23830046
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| Research Category |
Grant-in-Aid for Research Activity Start-up
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| Allocation Type | Single-year Grants |
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| Research Field |
International law
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| Research Institution | Kyushu University |
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Principal Investigator |
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| Project Period (FY) |
2011 – 2012
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| Keywords | 国際家族法 / アイデンティティ / 多文化主義 / 本国法主義 / 当事者自治 / 公序 / 人権 / 移民 |
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| Research Abstract |
This research concerned the meaning of cultural identity of indivi- duals in private international family law. It yielded the result that, while maintaining the principle of nationality is appropriate as the fundamental policy in Japan, granting the choice of the law of habitual residence would bethe best way to respect cultural identity of individuals in determining the applicable law in Japan. On the other hand, European counties tend to follow multiculturalism and refrain from imposing their own values via public policy exceptions or the application of human rights norms, while this attitude often resulted in violating fundamental rights of women or children. Hence, this research further revealed the necessity to develop theoretical foundations to respect human rights norms in private international law.
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