The various reports on cultural rights by UN Special Rapporteur Faridah Shaheed have provided a new universal standard for topics ranging from cultural diversity, cultural heritage, the right to artistic freedom and the effects of today's intellectual property regimes. This book's team of international contributors reflects upon the many aspects of cultural rights discussed in Faridah Shaheed's reports and discusses how cultural rights support cultural diversity, foster intercultural dialogue and contribute to inclusive social, economic and political development. Drawing from a range of disciplines, the contributing authors explore the meaning and position of cultural rights and the implications these may have for international relations, the international legal order and cross-cultural understanding, while also offering recommendations for the future. Key topics discussed include the link between culture and science, gender and human rights, rights to artistic freedom, the importance of historical narratives and the impact of advertising and marketing on the enjoyment of cultural rights. This worthwhile contribution to the current cultural rights debate will be of interest to academics and students teaching and studying in the fields of culture, heritage and human rights as well as policymakers who are working within cultural rights related issues. Contributors include: S. Amin, L. Belder, Y.M. Donders, H. Hagtvedt Vik, L. Hughes, J. Kall, F. Macmillan, M. Mann, H. Porsdam, D. Shabalala, F. Shaheed, S. Teilmann-Lock

The contributions presented in this volume are the result of research activities and interdisciplinary encounters organised by the Nordic Network of Law and Literature. They focus on current discussions on justice in a Nordic and European context. By expanding the focus to justice and humanities - beyond "law and literature" - the authors intend to not only cover law and literature in a traditional (narrow) sense, but to embrace different perspectives closely linked to the research and debate about law and literature, e.g., in cultural studies. The volume specifically deals with four main themes, each of which is described and analysed from different angles, by a scholar with a background in the humanities and a scholar with a legal background (or lawyer), respectively: Law and Humanities - the Road Ahead; History, Memory and Human Rights; Forgiveness and Law; Justice, Culture and Copyright.

This ground breaking book discusses whether human rights can be forged into a common set of transcendent principles against which actions of every nation can be judged and whether such a common understanding, or civil religion, could one day become a vehicle for global peace. Eminent international scholars from political science, international relations, human rights and civil religion argue both sides of this debate. In the first section the theoretical issues relating to why human rights have come about and whether they should be fought for are discussed. Part two focuses on the reality of actions brought about by human rights ideas with illuminating case studies showing that human rights ideas and practice are generated from both the bottom up and top down by individual actors and institutions. The unique book will be of great interest to scholars in the field of history, human rights, international relations and political science in general.

The human right to science, outlined in the 1948 Universal Declaration of Human Rights and repeated in the 1966 International Covenant on Economic, Social, and Cultural Rights, recognizes everyone's right to "share in scientific advancement and its benefits" and to "enjoy the benefits of scientific progress and its applications." This right also requires state parties to develop and disseminate science, to respect the freedom of scientific research, and to recognize the benefits of international contacts and co-operation in the scientific field. The right to science has never been more important. Even before the COVID-19 health crisis, it was evident that people around the world increasingly rely on science and technology in almost every sphere of their lives from the development of medicines and the treatment of diseases, to transport, agriculture, and the facilitation of global communication. At the same time, however, the value of science has been under attack, with some raising alarm at the emergence of "post-truth" societies. "Dual use" and unintended, because often unforeseen, consequences of emerging technologies are also perceived to be a serious risk. The important role played by science and technology and the potential for dual use makes it imperative to evaluate scientific research and its products not only on their scientific but also on their human rights merits. In Science as a Cultural Human Right, Helle Porsdam argues robustly for the role of the right to science now and in the future. The book analyzes the legal stature of this right, the potential consequences of not establishing it as fundamental, and its connection to global cultural rights. It offers the basis for defending the free and responsible practice of science and ensuring that its benefits are spread globally.

What is the relationship between creativity, cultural heritage institutions and copyright? Who owns culture and cultural heritage? The digital age has expanded the horizon of creative possibilities for artists and cultural institutions - what is the impact on legal regimes that were constructed for an analogue world? What are the tensions between the safeguarding of cultural heritage and the dissemination of knowledge about culture? Inspired by a three year research project involving leading European universities, this book explores the relationship between copyright and intellectual property, creativity and innovation, and cultural heritage institutions. Its contributors are scholars from both the humanities and the social sciences - from cultural studies to law - as well as cultural practitioners and representatives from cultural heritage institutions. They all share an interest in the contribution of intellectual property to the role of cultural institutions in making culture accessible and encouraging new creativity.

Today it is widely recognised that the 'long 1970s' was a decisive international transition period during which traditional, collective-oriented socio-economic interest and welfare policies were increasingly replaced by the more individually and neo-liberally oriented value policies of the post-industrial epoch. Seen from a distance of three decades, it is increasingly clear that these socio-economic and socio-cultural processes also found their expression at the level of national and international political power. The contributors to this volume explore these processes of political-cultural realignment and their social impetus in Western Europe and the Euro-Atlantic area in and around the 1970s in the context of three agenda-setting topics of international history of this period: human rights, including the impact of decolonisation; East-West detente in Europe; and transnational relations and discourses. Going beyond the so-called Americanisation processes of the immediate postwar period, this volume reclaims Europe's place - and particularly that of smaller European nations - in contemporary Western history, demonstrating Europe's contribution to transatlantic transformation processes in political culture, discourse, and power during this period.

Today it is widely recognised that the 'long 1970s' was a decisive international transition period during which traditional, collective-oriented socio-economic interest and welfare policies were increasingly replaced by the more individually and neo-liberally oriented value policies of the post-industrial epoch. Seen from a distance of three decades, it is increasingly clear that these socio-economic and socio-cultural processes also found their expression at the level of national and international political power. The contributors to this volume explore these processes of political-cultural realignment and their social impetus in Western Europe and the Euro-Atlantic area in and around the 1970s in the context of three agenda-setting topics of international history of this period: human rights, including the impact of decolonisation; East-West detente in Europe; and transnational relations and discourses. Going beyond the so-called Americanisation processes of the immediate postwar period, this volume reclaims Europe's place - and particularly that of smaller European nations - in contemporary Western history, demonstrating Europe's contribution to transatlantic transformation processes in political culture, discourse, and power during this period.

What is the relationship between creativity, cultural heritage institutions and copyright? Who owns culture and cultural heritage? The digital age has expanded the horizon of creative possibilities for artists and cultural institutions - what is the impact on legal regimes that were constructed for an analogue world? What are the tensions between the safeguarding of cultural heritage and the dissemination of knowledge about culture? Inspired by a three year research project involving leading European universities, this book explores the relationship between copyright and intellectual property, creativity and innovation, and cultural heritage institutions. Its contributors are scholars from both the humanities and the social sciences - from cultural studies to law - as well as cultural practitioners and representatives from cultural heritage institutions. They all share an interest in the contribution of intellectual property to the role of cultural institutions in making culture accessible and encouraging new creativity.

That everyone has a human right to enjoy the benefits of the progress of science and its applications comes as a surprise to many. Nevertheless, this right is pertinent to numerous issues at the intersection of science and society: open access; 'dual use' science; access to ownership and dissemination of data, knowledge, methods and the affordances and applications thereof; as well as the role of international co-operation, human dignity and other human rights in relation to science and its products. As we advance towards superintelligence, quantum computing, drone swarms, and life-extension technology, serious policy decisions will be made at the national and international levels. The human right to science provides an ideal tool to do so, backed up as it is by international law, political heft, and normative weight. This book is the first sustained attempt at turning this wonder of foresight into an actionable and justiciable right. This title is also available as Open Access on Cambridge Core.

Europeans have attempted for some time to develop a human rights talk and now European intellectuals are talking about the need to construct 'European narratives'. This book illustrates that these narratives will emphasize a political and cultural vision for a multi-ethnic and more cosmopolitan Europe. The narratives evolve around human rights, partly in the hope that they might function as a cultural glue in an increasingly multi-ethnic Europe, and partly because they are intimately connected with that part of enlightenment thinking that sought to promote democracy and the rule of law. Helle Porsdam discusses the development of human rights as a discourse of atonement for Europeans - a discourse which has the potential to become a shared, transatlantic discourse. Using an interdisciplinary approach, this book will be an invaluable research tool for postgraduate students and scholars within the fields of law, history, political science and international relations.

Europeans have attempted for some time to develop a human rights talk and now European intellectuals are talking about the need to construct 'European narratives'. This book illustrates that these narratives will emphasize a political and cultural vision for a multi-ethnic and more cosmopolitan Europe. The narratives evolve around human rights, partly in the hope that they might function as a cultural glue in an increasingly multi-ethnic Europe, and partly because they are intimately connected with that part of enlightenment thinking that sought to promote democracy and the rule of law. Helle Porsdam discusses the development of human rights as a discourse of atonement for Europeans - a discourse which has the potential to become a shared, transatlantic discourse. Using an interdisciplinary approach, this book will be an invaluable research tool for postgraduate students and scholars within the fields of law, history, political science and international relations.

The present state of copyright law and the way in which it threatens the remix of culture and creativity is a shared concern of the contributors to this unique book. Whether or not to remain within the underlying regime of intellectual property law, and what sort of reforms are needed if we do decide to remain within this regime, are fundamental questions that form the subtext for their discussions. One opinion that manifests itself in the book is that we should not reject present copyright law altogether, but rather find ways to fit it to the new digital technology, whilst others take a more sceptical view. They argue, for example, that the solution to copyright-related problems is simply to give up on copyright law altogether. The life and work of Danish writer Hans Christian Andersen presents an ideal focus and/or point of departure, giving the contributors a historical and well defined framework for their discussion of the various problems in relating copyright to cultural creativity. Copyright and Other Fairy Tales will be of great interest to scholars of intellectual property from a diversity of fields including law, economics, and cultural studies, as well as historians interested in the link between cultural creativity and the role of copyright in promoting (or preventing) such creativity.

Cultural rights promote cultural and scientific creativity. Transformative and empowering, they also enable the pursuit of knowledge and understanding, thereby working as atrocity prevention tools. The Transforming Power of Cultural Rights argues that this gives these rights a central role to play in promoting the full human personality and in realizing all other human rights. Looking at the work of the UN Special Rapporteurs in the field of cultural rights as well as UNESCO's efforts, Helle Porsdam addresses the question of how a universal human rights agenda can include a dialogue that recognizes the importance of cultural diversity without sliding into cultural relativism. She argues that cultural rights offer a useful international arena and discourse in which to explain and negotiate cultural meanings when controversies arise. This places them at the center of human rights - and at the center of law and humanities.

Foreign observers of American culture have always been puzzled by the invocation in all kinds of unlikely contexts of judicial authority, by the constant reference to personal rights and freedoms, and by the way in which any topic -- be it of a political, moral, social or cultural kind -- invariably turns into a legal one. Permeating, as it does, all levels of American society and penetrating into all corners of American culture, the law therefore makes an obvious area of study for anyone interested in American Studies. The thematic approaches of the ten essays in this volume are very different and wide-ranging. What the authors of the essays all have in common is a concern for American law and legal discourse as these relate to American culture. Incorporating into the field of American Studies legal concerns and legal issues presents problems of both a methodological and an ideological nature. Several of these are intrinsic to the very attempt of doing interdisciplinary work and consequently concern the nature of American Studies itself. Addressing these problems as they crop up in relation to the cultural works discussed, the contributing authors show that some of the most fertile debates of our discipline are currently taking place within law and American Studies.

Cultural rights promote cultural and scientific creativity. Transformative and empowering, they also enable the pursuit of knowledge and understanding, thereby working as atrocity prevention tools. The Transforming Power of Cultural Rights argues that this gives these rights a central role to play in promoting the full human personality and in realizing all other human rights. Looking at the work of the UN Special Rapporteurs in the field of cultural rights as well as UNESCO's efforts, Helle Porsdam addresses the question of how a universal human rights agenda can include a dialogue that recognizes the importance of cultural diversity without sliding into cultural relativism. She argues that cultural rights offer a useful international arena and discourse in which to explain and negotiate cultural meanings when controversies arise. This places them at the center of human rights - and at the center of law and humanities.