Cultural Diversity in International Law
The Effectiveness of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions
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.
Table of Contents
Introduction: The Effectiveness of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, Lilian Richieri Hanania and Hélène Ruiz Fabri Part I - Emphasizing the specificity of cultural goods and services in International Law Part I.a. The CDCE impact on trade issues - the "trade and culture" debate 1. Effects of the CDCE on trade negotiations, Antonios Vlassis and Lilian Richieri Hanania 2. The CDCE and the WTO - In Search for a Meaningful Role after China – Audiovisuals, Steven Von Uytsel 3. Taking into account environmental, social and cultural concerns through the objective of sustainable development: Perspectives from the WTO Jurisprudence on General Exceptions, Fabio Morosini 4. UNESCO’s role in promoting the CDCE implementation at the WTO, Julia Motte-Baumvol 5. Raising the Trade and Culture debate at the OECD - Negotiations for a Services Trade Restrictiveness Index (STRI) – Elsa Comby Part I.b. The CDCE impact on other fields of International Law - a systemic approach 6. From a moratorium in the conflict between trade and culture to the creation of a digital deal for cultural diversity, Yvon Thièc 7. Cultural Diversity and Intellectual Property Rights: Friends or Foes?, Branislav Brazucha 8. Bringing cultural diversity to discussions on social and labor issues – Lilian Richieri Hanania 9. A "Uniform Dress Code" or Cultural Variety in the Global Fashion Industry? – Rostam J. Neuwirth 10. The legal nature of the CDCE Operational Guidelines and their influence on the CDCE effectiveness - Anne-Thida Norodom Part II. Implementing the CDCE beyond the specificity of cultural goods and services Part II.a. Horizontal implementation - reinforcing international cooperation in the cultural field 11. Cultural development and technical and financial assistance on the basis of the CDCE, Antonios Vlassis 12. The Power of Knowledge and Transparency - Networked Opportunities in cultural policies and governance - Christine M. Merkel 13. Implementing the CDCE in Cultural Relations and Diplomacy - the Mediterranean example, Karsten Xuereb 14. EU protocols on cultural cooperation: an attempt to promote and implement the CDCE within the framework of bilateral trade negotiations – Catherine Soury-Desrosier Part II.b. Vertical Implementation - integrating cultural diversity at the national and regional levels 15. The CDCE in the European Union - a Mixed Agreement and its Judicial Application, Magdalena Ličková 16. Implementing the CDCE at the national and regional levels – the example of Brazil – Paula Wojcikiewicz Almeida 17. Private Sector Contributions to the Implementation of the CDCE in Brazil – a Case Study - Piatã Stoklos Kignel 18. Integrating culture in sustainable development: Quebec’s Agenda 21, a Model for the implementation of Article 13 - Véronique Guèvremont 19. The CDCE and the new Education Acts in Latin America – Laura Giannecchini General conclusions – Lilian Richieri Hanania
Lilian Hanania is an Associate Researcher at the Comparative Law Institute of the University Paris 1 - Panthéon-Sorbonne, France
"This is definitely a book for international lawyers as well as academics, particularly those dealing with the interface between cultural and trade matters." - Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers, 2014
"Opening with a foreword authored by Professor Hélène Ruiz Fabri, this book off ers several aspects which make it an interesting read. Firstly, it results from the cooperation of experts coming from diff erent countries and diff erent professional backgrounds. While some of them are lawyers, others are experts in political or social science. Lilian Richieri Hanania, the editor of the book, has hence succeeded in pulling together an international team whose expertise reaches beyond the area of law. Th is makes the book, as whole, an interdisciplinary endeavor... To sum up, this book provides an insightful and innovative tool for anyone wishing to consider the challenges to, and potential of, a larger insertion of the CDCE into national, regional and international action relevant for preservation and promotion of cultural diversity." - Veronika Vilímková for Czech Yearbook of Public & Private International Law (2014)