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Borderlines in Private Law

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15 Years of the UNESCO Diversity of Cultural Expressions Convention: Actors, Processes and Impact

Edited by: Beatriz Barreiro Carril, Andrzej Jakubowski, Lucas Lixinski

ISBN13: 9781509961443
Published: February 2023
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00



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This book queries, through the prism of the Convention for the Protection and the Promotion of the Diversity of Cultural Expressions (the Convention), the ways in which the processes and substance of international law-making have shifted in response to new technologies and new actors. The essays, written by recognised experts in the field, engage deeply with the practice under the Convention. The 4 parts examine: the rise of new actors and their impact on the Convention's law-making and implementation; the specific implementation of Article 21; the role of cultural communities in promoting diversity of cultural expressions; and the effectiveness and coherence of the Convention. Scholars and practitioners in the field of international law of culture and international cultural cooperation will welcome this fascinating new book.

Subjects:
Public International Law, Art and Cultural Heritage Law
Contents:
1. INTRODUCTION
Beatriz Barreiro Carril, Andrzej Jakubowski, and Lucas Lixinski

PART I. NEW ACTORS IN THE LEGAL DEVELOPMENT AND IMPLEMENTATION OF THE CONVENTION
2. Civil Society Participation in the UNESCO Cultural Diversity Convention: Current Status and Proposals for Reform
Enzamaria Tramontana
3. The Convention as an Instrument of International Cooperation: The Case of the Networks
Anna Steinkamp and Matina Magko
4. Promoting the Convention's Principles and Values among Latin American Civil Society
Luanda Smith

PART II. IMPACT OF THE CONVENTION IN OTHER FORA AND SECTORS OF INTERNATIONAL LAW
5. Protecting and Promoting the Diversity of Cultural Expressions in the Context of Electronic Commerce: Make the Cultural Exception Great Again!
Véronique Guèvremont and Ivana Otasevic
6. Promoting the Objectives and Principles on the 2005 Convention in the Digital Environment: New Forums to Consider?
Clémence Varin
7. Vulnerable Cultural Expressions in the Trade and Culture Debate: A Precautionary Approach to Culture in Times of Crisis
Lilian Richieri Hanania

PART III. CULTURAL DIVERSITY (STILL) BEYOND THE CONVENTION? COMMUNITIES, PRIVATE ACTORS AND LAW-MAKING
8. Moving Online: How Communities Have Invested Cultural Spaces in the Domain Name System
Lily Martinet
9. Cultural Monopolies: the Cases of International Sports Associations and Internet Platforms
Griscka Petri
10. Internet Governance and Cultural Diversity: A Conversation about an Intimate but Conflictual Relationship
Giacommo Mazzone, Beatriz Barreiro Carril, Andrzej Jakubowski, and Lucas Lixinski

PART IV. TAKING THE CONCEPT OF CULTURAL DIVERSITY SERIOUSLY: THE UNAVOIDABLE NEED OF CONNECTING WITH OTHER SECTORS OF INTERNATIONAL LAW AND OTHER DISCIPLINES
11. The Contribution of the 2005 Convention to the Emergence of Artistic Freedom as a Cultural Right
Laurence Cuny
12. Cultural Diversity, Intercultural Dialogue and Social Inclusion of Museums. The Case Study of Interkulturelt Museum in Oslo City, Norway
Mónica Riaza
13. Reflections Around Despacito and the Concept of Cultural Diversity: A Defence of the Interlink Between the Convention, International Economic Law, International Human Rights Law and Other Social Sciences
Beatriz Barreiro Carril