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Vol 22 No 6 June/July 2017

Book of the Month

Cover of Supperstone, Goudie and Walker: Judicial Review

Supperstone, Goudie and Walker: Judicial Review

Edited by: Helen Fenwick
Price: £267.00

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Cultural Diversity in International Law: The Effectiveness of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions

Edited by: Lilian Hanania

ISBN13: 9781138670471
Published: March 2016
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2014)
Price: £29.99
Hardback edition , ISBN13 9780415869874

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The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions was adopted in 2005, an instrument designed to allow States to protect and promote cultural industries especially when these may be considered to be threatened by international trade agreements.

This book examines the effectiveness of the Convention, not only from a trade and culture standpoint, but also regarding international cooperation and development for cultural diversity, a field that has developed remarkably since the entry into force of the Convention in 2007.

The first part of the book assesses the obligatory nature and the effectiveness of the Convention provisions, mainly from the perspective of the trade and culture debate. The practical implementation of the Convention is to a large degree dependent on the operational guidelines that have been issued by the Convention's bodies so the legal nature of those operational guidelines and their capacity to determine obligations under the Convention and increase its application by Parties are examined.

The contributors also consider the Convention's potential to legally influence International Law looking at several recent situations where Parties have resorted to the Convention in order to address trade and cultural concerns. Part two explores to which the extent to which recourse to the Convention outside the trade and culture debate may contribute to the acknowledgement of its legitimacy and to its strengthening in international law, leading ultimately to increasing its normativity. Chapters focus on different concrete experiences and initiatives regarding the promotion of international cooperation and the integration of culture in development programs.

Public International Law, Art and Cultural Heritage Law
1. Introduction, Lilian Hanania and Helene Ruiz Fabri

Part 1: Trade and culture: assessing the UNESCO Convention's efficiency in influencing International Law
2. UNESCO's role vis-a-vis other International Organisations and notably the WTO, Julia Motte-Baumvol
3. The legal nature of the Convention Operational Guidelines established by the Convention bodies (Intergovernmental Committee and Conference of Parties) and its influence on the Convention's effectiveness, Anne-Thida Norodom
4. Effects of the Convention on trade negotiations, Amelie Vaillancourt
5. Effects on the WTO dispute settlement: analyzing the conclusions of the China-Audiovisual dispute and drawing perspectives, Steven Von Uytsel
6. Taking cultural diversity into account within the European Union, Magdalena Lickova
7. Taking into account social concerns and cultural diversity through the concept of sustainable development: perspectives in the WTO, Fabio Morisini
8. Raising the trade and culture debate at the OECD, Elsa Comby
9. Business models in the realm of the creative industries and interaction with IPR and trade rules, Rostam Neuwirth
10. Integrating cultural diversity and the UNESCO Convention into Intellectual Property discussions, Branislav Brazucha
11. Promoting cultural diversity and the Convention's effectiveness in the digital era, Yvon Thiec

Part 2: The practice of the Convention beyond the trade and culture debate: reinforcing legitimacy and compliance towards stronger normativity
12. Creative economy and sustainable development: an example of the private sector practice in Brazil, Piata Stoklos Kignel
13. Culture as a new pillar of sustainable development?,Veronique Guevremont
14. Bringing cultural diversity to discussions on social and labor issues, Lilian Hanania
15. Awareness and understanding of the diversity of cultural expressions: the role of education in promoting cultural diversity, Laura Giannecchini
16. Cultural development and technical and financial assistance on the basis of the Convention, Antonios Vlassis
17. Networks originating from the Convention - experience and lessons learned in the fields of cultural policy and cultural governance, Christine Merkel
18. A comparative analysis of the European Union Protocols on Cultural Cooperation, Catherine Soury-Desrosiers
19. The United States's practice in international cultural cooperation, Aimee Fullman
20. Cultural relations and diplomacy in the Mediterranean, Karsten Xuereb
21. Implementing the Convention at the national and regional levels - the example of Brazil and Mercosur, Paula Wojcikiewicz Almeida