Culture and International Economic Law


Book Description

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.




Handbook on the Law of Cultural Heritage and International Trade


Book Description

øThis Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural H




Elgar Encyclopedia of International Economic Law


Book Description

This revised and expanded Encyclopedia is the new benchmark and flagship reference work for the study of international economic law. A comprehensive resource, its pages present the breadth of the field in a real-world context. Organized thematically rather than alphabetically, the Encyclopedia includes four significant thematic sections: the foundations, architecture and principles of international economic law; regulatory framework; regulatory areas; and regulatory challenges. Including updated and new entries, traditional international economic law topics are now supplemented by coverage of critical perspectives and a broader range of newly developing areas such as taxation, sustainability, and digitalization. Concepts and rules of trade, investment, finance, competition, and international tax law are found alongside entries examining how international economic law impacts on environmental protection, labor standards, development, and human rights. Embedded within its own legal context, each concise entry presents an accessible and condensed understanding of what it means and why it is significant. Contributors offer insight into how institutions interact with each other and other legal systems, in addition to providing individual overviews of their history, structure, principles and procedures. Entries are followed by selected references suggesting directions for further study. Completely new to this edition is an entire section of extended entries on specific jurisdictions focusing on how these contribute to and engage with international economic law. These longer pieces describe the national legal frameworks responsible for developing international policies on trade investment, financial regulation, and tax, offering insight into how international rules actually work at the national level. Key Features: Concise, structured entries from top experts and new voices in the field Organised thematically, covering newly developing areas of international economic law Selected references for further study




Cultural Heritage in International Investment Law and Arbitration


Book Description

Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.




Cultural Law


Book Description

A collection on cultural law that demonstrates efficacy of comparative, international, and indigenous law in the context of culture-related issues.




Cultural Diversity in International Law


Book Description

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.




Cultural Rights in International Law


Book Description

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.




The Trade and Culture Debate


Book Description

As the first exporter of cultural goods and services, the United States has long held that such products should be treated like any other merchandise and be liberalized. On the other hand, for countries such as France and Canada who are concerned about the impact of economic globalization and the digital revolution on their cultural identity, cultural products should be exempted from economic liberalization or subject to a cultural exception. conflicting views and interests between states as to the treatment of cultural products in international economic law lie at the hearth of the trade and culture debate. These differences have led to serious tensions over the liberalization of cultural services within the World Trade Organization, as well as to a Convention within UNESCO to recognize the economic and cultural character of cultural products and the states’ right to pursue cultural policies. With most states still not keen on liberalizing the cultural sector and the stalemate in the Doha Round, the United States has turned to preferential trade agreements to secure its policy preferences on the treatment of cultural products. Since the beginning of the twenty-first century, the US government has concluded eleven trade agreements grouping sixteen countries and has been involved in three sets of plurilateral negotiations, with major implications for the evolution of the trade and culture debate.




Cultural Products and the World Trade Organization


Book Description

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.




Trade and Culture


Book Description

Governments that seek to liberalize trade can find that doing so is often in tension with their desire to achieve the objectives of cultural policy. This is because measures like local content requirements can seem like discriminatory practices when viewed through the lens of trade liberalization. This tension has prompted a long-standing debate, with great variation in how countries have approached it. Trade and Culture: The Ongoing Debate explores this variation across geographic space. It also seeks to explain the evolution in these various policies over time. Policies are not static, largely due to domestic politics, shifts in the international trading system and technological developments. The chapters in this volume explore the different approaches to the trade and culture debate and provide an up-to-date look at current versions of these policies in Canada, the European Union, South Africa, Latin America, South Korea, the United States and China. This book will be of great value to scholars and researchers interested in cultural policies and the politics of international trade. This book was originally published as a special issue of the International Journal of Cultural Policy.