Multiculturalism and International Law

Multiculturalism and International Law

This volume examines the role and influence of multiculturalism in general theories of international law; in the composition and functioning of international organizations such as the ICJ, the ILC, the UN, and the ICC; and in the ...

Author: Sienho Yee

Publisher: BRILL

ISBN: 9789047428176

Category: Law

Page: 800

View: 425

This volume examines the role and influence of multiculturalism in general theories of international law; in the composition and functioning of international organizations such as the ICJ, the ILC, the UN, and the ICC; and in the progressive development of substantive international law regarding issues such as anti-terrorism, cultural identity, the Danish cartoons controversy, indigenous peoples, and cultural exemptions at the WTO. With Forewords from Boutros Boutros-Ghali and Shigeru Oda, this authoritative volume contains contributions from 36 distinguished scholars from every continent of the world tackling multiculturalism and international law—an ever more topical issue—in honour of, appropriately, Edward McWhinney, an eminent scholar who has spent a substantial part of his life promoting multiculturalism.
Categories: Law

Cultural Diversity in International Law

Cultural Diversity in International Law

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 ...

Author: Lilian Richieri Hanania

Publisher:

ISBN: 1138670472

Category: Business & Economics

Page: 322

View: 144

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.
Categories: Business & Economics

Multiculturalism and International Law

Multiculturalism and International Law

... safeguarding, maintenance and recreation of the intangible cultural heritage, thus helping to enrich cultural diversity. ... The Crime of Genocide: Recent Problems of Interpretation, in International Humanitarian Law: Origins, ...

Author: Sienho Yee

Publisher: BRILL

ISBN: 9789004174719

Category: Law

Page: 772

View: 399

This volume examines the role and influence of multiculturalism in general theories of international law; in the composition and functioning of international organizations such as the ICJ, the ILC, the UN, and the ICC; and in the progressive development of substantive international law regarding issues such as anti-terrorism, cultural identity, the Danish cartoons controversy, indigenous peoples, and cultural exemptions at the WTO. With Forewords from Boutros Boutros-Ghali and Shigeru Oda, this authoritative volume contains contributions from 36 distinguished scholars from every continent of the world tackling multiculturalism and international law an ever more topical issue in honour of, appropriately, Edward McWhinney, an eminent scholar who has spent a substantial part of his life promoting multiculturalism.
Categories: Law

Free Trade and Cultural Diversity in International Law

Free Trade and Cultural Diversity in International Law

Parekh, B, Rethinking Multiculturalism: Cultural Diversity and Political Theory (New York, Palgrave Macmillan, 2006). Paul, JR, 'Cultural Resistance to Global Governance' (2000) 22 Michigan Journal of International Law 1.

Author: Jingxia Shi

Publisher: Bloomsbury Publishing

ISBN: 9781782251163

Category: Law

Page: 360

View: 316

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.
Categories: Law

Religion Human Rights and International Law

Religion  Human Rights and International Law

In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through ...

Author: Javaid Rehman

Publisher: Martinus Nijhoff Publishers

ISBN: 9789004158269

Category: Religion

Page: 569

View: 214

Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of the cultural-religious relativist debate in contemporary human rights law. As many of the chapters examine, Islamic State practices have been a major source of concern. In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through Islamic diasporic communities resident in Europe and North-America.
Categories: Religion

Multicultural Odysseys

Multicultural Odysseys

This phenomenon represents a veritable revolution in international relations, yet has received little public or scholarly attention. In this book, Kymlicka examines the factors underlying this change, and the challenges it raises.

Author: Will Kymlicka

Publisher: OUP Oxford

ISBN: 9780191623363

Category: Political Science

Page: 384

View: 950

We are currently witnessing the global diffusion of multiculturalism, both as a political discourse and as a set of international legal norms. States today are under increasing international scrutiny regarding their treatment of ethnocultural groups, and are expected to meet evolving international standards regarding the rights of indigenous peoples, national minorities, and immigrants. This phenomenon represents a veritable revolution in international relations, yet has received little public or scholarly attention. In this book, Kymlicka examines the factors underlying this change, and the challenges it raises. Against those critics who argue that multiculturalism is a threat to universal human rights, Kymlicka shows that the sort of multiculturalism that is being globalized is inspired and constrained by the human rights revolution, and embedded in a framework of liberal-democratic values. However, the formulation and implementation of these international norms has generated a number of dilemmas. The policies adopted by international organizations to deal with ethnic diversity are driven by conflicting impulses. Pessimism about the destabilizing consequences of ethnic politics alternates with optimism about the prospects for a peaceful and democratic form of multicultural politics. The result is often an unstable mix of paralyzing fear and naïve hope, rooted in conflicting imperatives of security and justice. Moreover, given the enormous differences in the characteristics of minorities (eg., their size, territorial concentration, cultural markers, historic relationship to the state), it is difficult to formulate standards that apply to all groups. Yet attempts to formulate more targeted norms that apply only to specific categories of minorities (eg., "indigenous peoples" or "national minorities") have proven controversial and unstable. Kymlicka examines these dilemmas as they have played out in both the theory and practice of international minority rights protection, including recent developments regarding the rights of national minorities in Europe, the rights of indigenous peoples in the Americas, as well as emerging debates on multiculturalism in Asia and Africa.
Categories: Political Science