Download or read book Free Trade and Cultural Diversity in International Law written by Jingxia Shi and published by . This book was released on 2013 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Cultural Diversity in International Law written by Lilian Richieri Hanania and published by Routledge. This book was released on 2014-04-24 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Culture and International Economic Law written by Valentina Vadi and published by Routledge. This book was released on 2015-02-11 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Culture and International Trade Law written by Juneyoung Lee (Writer on foreign trade regulation) and published by Martinus Nijhoff Publishers. This book was released on 2023 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Juneyoung Lee analyses the nexus between trade and culture, from domestic, regional and global perspectives, combining the multidisciplinary perspectives of international law, sociology and international studies.

Download or read book Free Trade and Cultural Diversity in International Law written by Jingxia Shi and published by Bloomsbury Publishing. This book was released on 2013-04-30 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to reconcile the concept of free trade with a key non-trade social value - cultural diversity - in an era of economic globalisation. It first shows how we can look at culture in many different ways, and explains why we should care about cultural diversity. The book then examines the challenges that policymakers are faced with in formulating cultural measures in the new media environment, and analyses UNESCO's theories and approaches to cultural diversity. This is followed by a comprehensive examination of the treatment of 'culture' in global and regional trade agreements, including the framework of the GATT/WTO system, the WTO's judicial practice involving cultural products, and the treatment of culture under the EC/EU and NAFTA. This identifies the challenges trade norms encounter in dealing with cultural products. The author seeks to formulate a balanced view of the challenge of protecting and promoting cultural diversity while also recognising the important goal of trade liberalisation. To this end Professor Shi proposes a dual method through which the norms found in WTO agreements and in UNESCO cultural instruments may be brought into alignment: the first highlighting the compatibility of cultural policy measures with trade obligations on a domestic level, the second suggesting potential linkages between the WTO rules and the UNESCO Convention from the perspectives of treaty interpretation.

Download or read book Free Trade and Cultural Diversity in International Law written by Jingxia Shi and published by Bloomsbury Publishing. This book was released on 2013-04-30 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to reconcile the concept of free trade with a key non-trade social value - cultural diversity - in an era of economic globalisation. It first shows how we can look at culture in many different ways, and explains why we should care about cultural diversity. The book then examines the challenges that policymakers are faced with in formulating cultural measures in the new media environment, and analyses UNESCO's theories and approaches to cultural diversity. This is followed by a comprehensive examination of the treatment of 'culture' in global and regional trade agreements, including the framework of the GATT/WTO system, the WTO's judicial practice involving cultural products, and the treatment of culture under the EC/EU and NAFTA. This identifies the challenges trade norms encounter in dealing with cultural products. The author seeks to formulate a balanced view of the challenge of protecting and promoting cultural diversity while also recognising the important goal of trade liberalisation. To this end Professor Shi proposes a dual method through which the norms found in WTO agreements and in UNESCO cultural instruments may be brought into alignment: the first highlighting the compatibility of cultural policy measures with trade obligations on a domestic level, the second suggesting potential linkages between the WTO rules and the UNESCO Convention from the perspectives of treaty interpretation.

Download or read book Free Trade and Culture written by Peter van den Bossche and published by . This book was released on 2007 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Cultural Diversity in International Law written by Lilian Richieri Hanania and published by Routledge. This book was released on 2014-04-24 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The UNESCO Convention on the Diversity of Cultural Expressions written by Toshiyuki Kono and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)

Download or read book Cultural Heritage in International Economic Law written by Valentina Vadi and published by Martinus Nijhoff Publishers. This book was released on 2023 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Cultural Heritage in International Economic Law, Valentina Vadi offers an account of how international economic law contributes to global cultural governance, analysing the promises and pitfalls of such contributions.

Download or read book The Law and Politics of International Regime Conflict written by Dirk Pulkowski and published by OUP Oxford. This book was released on 2014-02-13 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international order is constituted by a plurality of international regimes - institutionalized arrangements in different issue areas that possess their own norms and procedures. The present book examines how conflict among regimes may arise and probes the role that international law can play in managing such conflict. Throughout the book, the example of trade in cultural products is used to illustrate the evolution of regime conflict and the potential for its management. Conflicts between the goals of 'free trade' and 'cultural diversity' have notably surfaced within the World Trade Organization (WTO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). As a result, there is a potential for conflict among WTO law, the UNESCO's Convention on the Protection and Promotion of the Diversity of Cultural Expressions, and human rights. The book posits that three dimensions are characteristic for regime conflict: First, regime conflict is a function of conflict among different social goals or values. Second, such goal conflicts are institutionalized through the interaction of a variety of political actors struggling for influence, often in intergovernmental organizations. Third, regime conflict may manifest itself in conflicts of legal rules. If a state acts in conformity with the rules of one regime, its conduct may trigger a violation of the rules of another regime. The author argues that, while international law cannot be construed as a fully integrated and unified system, it does provide a common language for different regimes to engage with each other. The shared discourse rules of international law enable a degree of coordination of the policies of different regimes, notably through techniques of interpretation and legal priority rules. International law contributes to the management of regime conflict by providing commonly accepted reasons for choosing among competing policy goals.

Download or read book Cultural Products and the World Trade Organization written by Tania Voon and published by Cambridge University Press. This book was released on 2007-06-28 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debate about trade and culture has a long history, but the application of WTO rules to cultural products such as films, radio, and books remains one of the most divisive issues in the organization. After assessing the economic and social arguments for treating cultural products differently from things like steel or wheat, this 2007 book explains how the vastly different views of WTO members in earlier negotiations led to an outcome that is disappointing for all. It goes on to provide a comprehensive evaluation of possible solutions, including evolution of the law through WTO dispute settlement, an agreement outside the WTO, and reforms to improve the balance between trade liberalization and cultural policy objectives.

Download or read book Investing in Cultural Diversity and Intercultural Dialogue written by Unesco and published by UNESCO. This book was released on 2009-01-01 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Multiculturalism and International Law written by Sienho Yee and published by BRILL. This book was released on 2009-03-31 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Cultural Rights in International Law written by Elsa Stamatopoulou and published by BRILL. This book was released on 2007 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Geographical Indications at the Crossroads of Trade Development and Culture written by Irene Calboli and published by Cambridge University Press. This book was released on 2017-06-16 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically, few topics have proven to be so controversial in international intellectual property as the protection of geographical indications (GIs). The adoption of TRIPS in 1994 did not resolve disagreements, and countries worldwide continue to quarrel today as to the nature, the scope, and the enforcement of GI protection nationally and internationally. Thus far, however, there is little literature addressing GI protection from the point of view of the Asia-Pacific region, even though countries in this region have actively discussed the topic and in several instances have promoted GIs as a mechanism to foster local development and safeguard local culture. This book, edited by renowned intellectual property scholars, fills the void in the current literature and offers a variety of contributions focusing on the framework and effects of GI protection in the Asia-Pacific region. The book is available as Open Access.

Download or read book Social Regulation in the WTO written by Krista Nadakavukaren Schefer and published by Edward Elgar Publishing. This book was released on 2011-11-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Recourse to restrictions of international trade for the promotion of non-economic goals is at the heart of international trade regulation. This book offers a fresh, broad, but equally detailed analysis of such restrictions. It places WTO law in the broader framework of public international law and explores new ways and means as to how tensions and conflict in the pursuit of non-economic policy goals should be addressed. It is essential reading for all seeking answers beyond the existing framework of WTO law and policies.' Thomas Cottier, World Trade Institute, University of Bern, Switzerland and Institute of European and International Economic Law 'This book presents a thoughtful and very readable analysis of "social trade regulation", that is, the use of border measures for non-trade purposes. The study examines how such measures are regarded in international law and in the more specialized law of the World Trade Organization. After she concludes that such unilateral measures may often be illegal under trade law, Professor Schefer's original contribution to the debate is to unpack that unlawful status into the categories of "law-disabling", "law-supporting", and "law-creating" trade regulation. Through a careful exposition of these concepts, the book shows ways in which social trade regulation can improve the progress of the international community.' Steve Charnovitz, The George Washington University, US This original and authoritative book analyzes how the WTO's restrictions on the use of trade measures for social goals affects the development of the law of the international community. The author examines international law on the use of trade measures to promote non-trade values including human health, environmental protection, and cultural diversity in order to determine whether the WTO decisions in these areas promote the development of the international legal system in a way that benefits the individual. Including an analysis of the most important 'trade-&' cases handed down by the WTO's Appellate Body, the book stimulates creative consideration of the extent to which the international trading system's prohibition on the use of trade measures may stifle progress on legal norms that would foster an international community. Krista Nadakavukaren Schefer suggests using the law of equity to fully take into account both the trade and the social issues at stake in any particular case. With its thorough analysis of WTO trade and decisions, this path-breaking book will be a stimulating read for scholars and students of international law, international economic law and international relations.