Free Trade And Cultural Diversity In International Law

Author : Jingxia Shi
Publisher :
ISBN 13 : 9781474200035
Total Pages : 361 pages
Book Rating : 4.36/5 ( download)

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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.

Author : Lilian Richieri Hanania
Publisher : Routledge
ISBN 13 : 1134454813
Total Pages : 341 pages
Book Rating : 4.15/5 ( download)

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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.

Author : Valentina Vadi
Publisher : Routledge
ISBN 13 : 1317910753
Total Pages : 307 pages
Book Rating : 4.56/5 ( download)

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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.

Author : Juneyoung Lee (Writer on foreign trade regulation)
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004536396
Total Pages : 375 pages
Book Rating : 4.95/5 ( download)

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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.

Author : Jingxia Shi
Publisher : Bloomsbury Publishing
ISBN 13 : 1782251162
Total Pages : 196 pages
Book Rating : 4.63/5 ( download)

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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.

Author : Jingxia Shi
Publisher : Bloomsbury Publishing
ISBN 13 : 1782251154
Total Pages : 360 pages
Book Rating : 4.56/5 ( download)

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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.

Author : Peter van den Bossche
Publisher :
ISBN 13 : 9789066500891
Total Pages : 160 pages
Book Rating : 4.91/5 ( download)

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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:

Author : Lilian Richieri Hanania
Publisher : Routledge
ISBN 13 : 1134454880
Total Pages : 354 pages
Book Rating : 4.84/5 ( download)

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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.

Author : Toshiyuki Kono
Publisher :
ISBN 13 : 9789400000032
Total Pages : 0 pages
Book Rating : 4.30/5 ( download)

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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)

Author : Dirk Pulkowski
Publisher : OUP Oxford
ISBN 13 : 0191003840
Total Pages : 460 pages
Book Rating : 4.44/5 ( download)

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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.