Cultural Diversity In International Law

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Cultural Diversity in International Law

Author : Lilian Richieri Hanania
Publisher : Routledge
Page : 341 pages
File Size : 53,9 Mb
Release : 2014-04-24
Category : Business & Economics
ISBN : 9781134454815

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Cultural Diversity in International Law by Lilian Richieri Hanania Pdf

The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) was adopted in 2005 and designed to allow States to protect and promote cultural policies. This book examines the effectiveness of the CDCE and offers ways by which its implementation may be improved to better attain its objectives. The book provides insight in how the normative character of the CDCE may be strengthened through implementation and increasingly recurrent practice based on its provisions. Hailing from various fields of international law, political and social sciences, the book’s contributors work to promote discussions on the practical and legal influence of the CDCE, and to identify opportunities and recommendations for a more effective application. Part One of the book assesses the effectiveness of the CDCE in influencing other areas of international law and the work conducted by other intergovernmental organizations through the recognition of the double nature (cultural and economic) of cultural goods and services. Part Two focuses on the practice of the CDCE beyond the recognition of the specificity of cultural goods and services in international law by addressing the CDCE’s call for greater international cooperation and stronger integration of cultural concerns in development strategies at the national and regional levels. The book will be of great use and interest to academics and practitioners in law, social and political sciences, agents of governmental and international organizations, and cultural sector stakeholders.

Diversity and Integration in Private International Law

Author : Veronica Ruiz Abou-Nigm
Publisher : Edinburgh University Press
Page : 416 pages
File Size : 48,6 Mb
Release : 2019-08-21
Category : Law
ISBN : 9781474447874

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Diversity and Integration in Private International Law by Veronica Ruiz Abou-Nigm Pdf

Bringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.

Cultural Heritage, Cultural Rights, Cultural Diversity

Author : Silvia Borelli,Federico Lenzerini
Publisher : Martinus Nijhoff Publishers
Page : 461 pages
File Size : 55,8 Mb
Release : 2012-07-05
Category : Law
ISBN : 9789004228399

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Cultural Heritage, Cultural Rights, Cultural Diversity by Silvia Borelli,Federico Lenzerini Pdf

This volume explores the recent evolution of cultural heritage law which has resulted in the emergence of a new international conscience, rooted in the awareness that cultural heritage represents a holistic notion strongly connected with the identity of peoples.

Cultural Rights in International Law

Author : Elsa Stamatopoulou
Publisher : BRILL
Page : 353 pages
File Size : 42,5 Mb
Release : 2007
Category : Law
ISBN : 9789004157521

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Cultural Rights in International Law by Elsa Stamatopoulou Pdf

Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy.

Culture and International Economic Law

Author : Valentina Vadi,Bruno de Witte
Publisher : Routledge
Page : 307 pages
File Size : 55,6 Mb
Release : 2015-02-11
Category : Law
ISBN : 9781317910756

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Culture and International Economic Law by Valentina Vadi,Bruno de Witte Pdf

Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Has an international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the ‘clash of cultures’ between international law and international cultural law, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture–related cases; the interplay between indigenous peoples' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law.

Investing in Cultural Diversity and Intercultural Dialogue

Author : Unesco
Publisher : UNESCO
Page : 418 pages
File Size : 51,5 Mb
Release : 2009-01-01
Category : Social Science
ISBN : 9789231040771

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Investing in Cultural Diversity and Intercultural Dialogue by Unesco Pdf

This report analyses all aspects of cultural diversity, which has emerged as a key concern of the international community in recent decades, and maps out new approaches to monitoring and shaping the changes that are taking place. It highlights, in particular, the interrelated challenges of cultural diversity and intercultural dialogue and the way in which strong homogenizing forces are matched by persistent diversifying trends. The report proposes a series of ten policy-oriented recommendations, to the attention of States, intergovernmental and non-governmental organizations, international and regional bodies, national institutions and the private sector on how to invest in cultural diversity. Emphasizing the importance of cultural diversity in different areas (languages, education, communication and new media development, and creativity and the marketplace) based on data and examples collected from around the world, the report is also intended for the general public. It proposes a coherent vision of cultural diversity and clarifies how, far from being a threat, it can become beneficial to the action of the international community.

Multiculturalism and International Law

Author : Sienho Yee,Jacques-Yvan Morin
Publisher : BRILL
Page : 800 pages
File Size : 42,9 Mb
Release : 2009-01-26
Category : Law
ISBN : 9789047428176

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Multiculturalism and International Law by Sienho Yee,Jacques-Yvan Morin Pdf

This volume examines the role and influence of multiculturalism in general theories of international law; in the composition and functioning of international organizations such as the ICJ, the ILC, the UN, and the ICC; and in the progressive development of substantive international law regarding issues such as anti-terrorism, cultural identity, the Danish cartoons controversy, indigenous peoples, and cultural exemptions at the WTO. With Forewords from Boutros Boutros-Ghali and Shigeru Oda, this authoritative volume contains contributions from 36 distinguished scholars from every continent of the world tackling multiculturalism and international law—an ever more topical issue—in honour of, appropriately, Edward McWhinney, an eminent scholar who has spent a substantial part of his life promoting multiculturalism.

Free Trade and Cultural Diversity in International Law

Author : Jingxia Shi
Publisher : Unknown
Page : 361 pages
File Size : 45,6 Mb
Release : 2013
Category : Cultural pluralism
ISBN : 1474200036

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Free Trade and Cultural Diversity in International Law by Jingxia Shi Pdf

This book attempts to reconcile the concept of free trade with a key non-trade social value - cultural diversity - in an era of economic globalization.

The Concept of Cultural Genocide

Author : Elisa Novic
Publisher : Oxford University Press
Page : 289 pages
File Size : 54,8 Mb
Release : 2016
Category : Law
ISBN : 9780198787167

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The Concept of Cultural Genocide by Elisa Novic Pdf

Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.

The UNESCO Convention on the Diversity of Cultural Expressions

Author : Toshiyuki Kono,Steven Van Uytsel
Publisher : Unknown
Page : 0 pages
File Size : 43,6 Mb
Release : 2012
Category : Convention on the Protection and Promotion of the Diversity of Cultural Expressions
ISBN : 9400000030

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The UNESCO Convention on the Diversity of Cultural Expressions by Toshiyuki Kono,Steven Van Uytsel Pdf

This book fills a gap in the literature on how the UNESCO Convention for the Protection and Promotion of the Diversity of Cultural Expressions positions itself within the bigger field of public international law. Several studies have been undertaken regarding the relationship of this Convention with the trade regime. However, the drafting process of the Convention brought more than just trade issues to the forefront. It highlighted heritage law, human rights law, or development law issues as well. The book investigates to what extent the Convention has an impact on these various fields of law and thus clarifies the Convention's contribution to the fragmentation of public international law. (Series: International Law - Vol. 9)

Legal Practice and Cultural Diversity

Author : Ralph Grillo,Roger Ballard,Alessandro Ferrari,André J. Hoekema,Marcel Maussen,Prakash Shah
Publisher : Routledge
Page : 381 pages
File Size : 55,5 Mb
Release : 2016-12-05
Category : Law
ISBN : 9781351922395

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Legal Practice and Cultural Diversity by Ralph Grillo,Roger Ballard,Alessandro Ferrari,André J. Hoekema,Marcel Maussen,Prakash Shah Pdf

Legal Practice and Cultural Diversity considers how contemporary cultural and religious diversity challenges legal practice, how legal practice responds to that challenge, and how practice is changing in the encounter with the cultural diversity occasioned by large-scale, post-war immigration. Locating actual practices and interpretations which occur in jurisprudence and in public discussion, this volume examines how the wider environment shapes legal processes and is in turn shaped by them. In so doing, the work foregrounds a number of themes principally relating to changing norms and practices and sensitivity to cultural and religious difference in the application of the law. Comparative in approach, this study places particular cases in their widest context, taking into account international and transnational influences on the way in which actors, legal and other, respond.

Culture and International Economic Law

Author : Valentina Vadi,Bruno de Witte
Publisher : Routledge
Page : 270 pages
File Size : 50,8 Mb
Release : 2015-02-11
Category : Law
ISBN : 9781317910763

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Culture and International Economic Law by Valentina Vadi,Bruno de Witte Pdf

Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Has an international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the ‘clash of cultures’ between international law and international cultural law, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture–related cases; the interplay between indigenous peoples' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law.

The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions

Author : Sabine Schorlemer,Peter-Tobias Stoll
Publisher : Springer Science & Business Media
Page : 772 pages
File Size : 51,7 Mb
Release : 2012-05-23
Category : Law
ISBN : 9783642259951

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The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions by Sabine Schorlemer,Peter-Tobias Stoll Pdf

The 2005 UNESCO Convention on Cultural Diversity is a landmark agreement in modern international law of culture. It reflects the diverse and pluralist understanding of culture, as well as its growing commercial dimension. Thirty diplomats, practitioners and academics explain and assess this important agreement in a commentary style. Article by article, the evolution, concepts, contents and implications of the Convention are analysed in depth and are complemented by valuable recommendations for implementation. In an unprecedented way, the book draws on the first-hand insights of negotiators and on the experience of practitioners in implementation, including international cooperation, and combines this with a good deal of critical academic reflection. It is a valuable guide for those who deal with the Convention and its implementation in governments, diplomacy, international organizations, cultural institutions and non-governmental organizations and will also serve as an important resource for academic work in such fields as international law and international relations.

Culture and International Law

Author : Paul Meerts
Publisher : Hague Academic Press
Page : 266 pages
File Size : 51,6 Mb
Release : 2011-08-12
Category : Law
ISBN : 9067046825

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Culture and International Law by Paul Meerts Pdf

Hague Academic Press, a T.M.C. Asser Press imprint How do different cultures deal with international law and how does international law influence the rules and regulations of these cultures? Is international law an effective tool in protecting cultural heritage, especially in wartime? Does it protect the heritage of cultures in a balanced way? Above all, how do you define 'culture' and 'international law'? These important questions were asked at the Fourth Conference of the Hague Academic Coalition (HAC) (entitled 'From Peace to Justice') in April 2007. Valuable views, from different angles and perceptions, were presented and discussed. This book, in which questions, views and suggestions are brought together, intends to trigger an international debate and a search for clarity on these issues in the near future and is valuable for academics, international lawyers, judges, solicitors, political scientists, historians, diplomats and all those with an interest in cultures and international law.

Cultural Heritage and International Law

Author : Evelyne Lagrange,Stefan Oeter,Robert Uerpmann-Wittzack
Publisher : Springer
Page : 281 pages
File Size : 55,5 Mb
Release : 2018-07-04
Category : Law
ISBN : 9783319787893

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Cultural Heritage and International Law by Evelyne Lagrange,Stefan Oeter,Robert Uerpmann-Wittzack Pdf

This book explores the objects, means and ends of international cultural heritage protection. It starts from a broad conception of cultural heritage that encompasses both tangible property, such as museum objects or buildings, and intangible heritage, such as languages and traditions. Cultural heritage thus defined is protected by various legal regimes, including the law of armed conflicts, UNESCO Conventions and international criminal law. With a view to strengthening international protection, the authors analyze existing regimes and elaborate innovative concepts, such as blue helmets of culture and safe havens for endangered cultural heritage. Finally, the ends of international protection come to the fore, and the authors address possible conflicts between protecting cultural diversity and wishes to strengthen cultural identity.