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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
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 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.
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.
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.
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.
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.
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.
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.
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