ABSTRACT

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. 

part I|32 pages

Culture and economic interests in international law

part II|90 pages

Culture and economic interests in international economic law

chapter 6|17 pages

What's in a name?

The contested meaning of free, prior and informed consent in international financial law and Indigenous rights

chapter 7|20 pages

The trade versus culture discourse

Tracing its evolution in global law

part III|47 pages

Culture and economic interests in international intellectual property law

chapter 9|15 pages

Traditional knowledge

Cultural heritage or intellectual property right?

chapter 10|15 pages

Propertization, safeguarding and the cultural commons

The turf wars of intangible cultural heritage and traditional cultural expressions

chapter 11|16 pages

The digitization of public

Cultural heritage collections and copyright in public private partnership projects

part IV|54 pages

Culture and economic interests in European law

chapter 13|21 pages

EU media law

Cultural policy or business as usual?