15 years of the UNESCO Diversity of Cultural Expressions Convention : actors, processes and impact

This book queries, through the prism of the Convention for the Protection and 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 four 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. Foreword Acknowledgements Contents Notes on Contributors Actors, Processes and the Impact of 15 Years of the UNESCO Cultural Diversity Convention: An Introduction I. Introduction II. The Volume's Running Threads PART I: NEW ACTORS IN THE LEGAL DEVELOPMENT AND IMPLEMENTATION OF THE CONVENTION 1. The Participation of Non-state Actors in the UNESCO Cultural Diversity Convention: Current Status and Proposals for Reform I. Introduction II. The Legal Framework for Non-state Actors' Involvement in the Convention III. The Practice of Civil Society Participation to the Convention's Governance: A Critical Assessment IV. Proposals for Enhanced Non-state Participation within the Convention V. Conclusions 2. The 2005 UNESCO Convention as an Instrument for International Cooperation: The Example of Networks of Cultural Cooperation I. Introduction II. Networks as Catalysts of Action and Change in International Cultural Cooperation III. International Networks Around the CDC IV. Cultural Networks and the CDC in Times of Pandemic V. The Future Role of Culture Networks VI. Conclusion 3. Promoting the Objectives and Principles of the 2005 UNESCO Convention Among Latin American Civil Society: Challenges for Spanish Speakers. A Case Approach I. Introduction: Linguistic Diversity, Cultural Diversity and the UNESCO CDC II. Civil Society Participation in the Implementation of the CDC III. Capacity Building for Community Building: A Case Approach PART II: IMPACT OF THE CONVENTION IN OTHER FORA AND SECTORS OF INTERNATIONAL LAW 4. Protecting and Promoting the Diversity of Cultural Expressions in the Context of Digital Trade: Make the Cultural Exception Great Again! I. Introduction II. Promoting Local Content Online: Trends and New Challenges in a Free Trade Context III. Uncertainties Surrounding the Canadian Cultural Exemption Model in the Digital Age IV. Other Approaches Favoured by States to Preserve their Right to Implement Cultural Policies in the Digital Environment V. Conclusion 5. Promoting the Objectives and Principles of the 2005 UNESCO Convention in the Digital Environment: New Forums to Consider? I. Introduction II. Promoting the Objectives and Principles of the Convention in Other Forums: A Crucial Provision III. The Implementation of Article 21 in the Digital Environment IV. Conclusion 6. Vulnerable Cultural Expressions in the Trade and Culture Debate: A Precautionary Approach to Culture in Times of Crisis I. Introduction II. The Precautionary Approach Applied to the Linkage between Trade and Culture III. The Legitimisation of a Precautionary Approach Based on the International Conventions on Culture IV. Conclusion PART III: CULTURAL DIVERSITY (STILL) BEYOND THE CONVENTION? COMMUNITIES, PRIVATE ACTORS AND LAW-MAKING 7. Moving Online: How Communities have Invested Cultural Spaces in the Domain Name System I. Introduction II. The Organic Growth of a Naming System III. The Trailblazing Role of the ".cat" Domain Name IV. The Emergence of Community-Based Cultural Spaces Online V. Conclusion 8. Cultural Monopolies: The Cases of International Sports Associations and Internet Platforms I. Introduction II. Internet Platform Providers and their Monopolies III. The Established Monopolies of Sports Associations IV. The Role of Communities V. Conclusions 9. Internet Governance and Cultural Diversity: An Intimate but Conflictual Relationship PART IV: TAKING THE CONCEPT OF CULTURAL DIVERSITY SERIOUSLY: THE UNAVOIDABLE NEED OF CONNECTING WITH OTHER SECTORS OF INTERNATIONAL LAW AND OTHER DISCIPLINES 10. The Contribution of the Cultural Diversity Convention to Defining Artistic Freedom as a Cultural Right I. Introduction II. Contribution to the Recognition of Artistic Freedom as an Economic, Social and Cultural Right: Linking the 1980 Recommendation Concerning the Status of the Artist and the CDC III. Contribution to the Definition of Artistic Freedom as a Cultural Right IV. Contribution to Informing and Advancing the Right to Artistic Freedom V. Conclusion 11. Cultural Diversity, Intercultural Dialogue and Social Inclusion of Museums. The Case Study of the Interkulturelt Museum in Oslo City, Norway I. Introduction II. Strengthening Cultural Diversity and Intercultural Dialogue in Museums: The Interplay between the CDC and the 2015 Recommendation III. Implementation of the CDC: Museum Policies in Norway and the Case of the Interkulturelt Museum IV. Conclusions 12. Reflections Around Despacito and the Concept of Cultural Diversity: A Defence for an Adequate Interaction between the Cultural Diversity Convention, International Economic Law and International Human Rights I. Introduction II. Conceptual Confusions from the Beginning of the History of the CDC III. Conceptual Confusions within International Economic Law IV. The Application of the CDC in the Context of Cultural Cooperation (to Development) Obligations: A Better Understanding of its Concepts V. Cultural Rights within the UN Legal System and the CDC: A Necessary Cooperation in Favour of a Right Understanding of the Concepts of the CDC VI. Conclusions Index 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.