Rechtstransfer nach Afrika?

Abstract

In a globalized international system of economic competition, development cannot take place without adequate legal structures which have to be adopted from industrialized countries. Their adoption, however, meets with three kinds of obstacles: lack of processing capacities, cultural habits and power structures. To overcome those and institutionalize a state of the law including human rights, several structural changes in African societies and states have to be made simultaneously (as they condition each other), the empowerment of civil society, the creation of mass incomes, the changing of notions of legitimacy and the transfer of legal structures. This calls for a two-pronged approach, engineering those changes in a coordinated fashion on the one hand and the direct transfer and implementation of specific laws in new and hitherto unregulated fields on the other.