Law, Culture and Development in a Global World
A.Y. 2019/2020
Learning objectives
The aim of this course is to explore the nexus between law, culture, and development in a globally interconnected world, from a broad and comprehensive perspective, and to develop competences on this matter. The course focuses on culture related legal issues that have a visible impact on sustainable development.
In the course we will examine culture as an artistic expression as well as through the anthropological lens of customs, traditions, human knowledge and habits. Taking into account legal, economic, political and social dynamics, the course will explore new pathways of thinking that will enable students to study how cultural issues can affect people's living conditions. Students will therefore be better equipped with legal perspectives to help them identify and challenge commonly accepted points of view on development and to adopt the dynamic approaches required by an increasingly complex and globalised world. Frontal lessons and class discussion will both foster the understanding and critical elaboration of the contents of the course.
In the course we will examine culture as an artistic expression as well as through the anthropological lens of customs, traditions, human knowledge and habits. Taking into account legal, economic, political and social dynamics, the course will explore new pathways of thinking that will enable students to study how cultural issues can affect people's living conditions. Students will therefore be better equipped with legal perspectives to help them identify and challenge commonly accepted points of view on development and to adopt the dynamic approaches required by an increasingly complex and globalised world. Frontal lessons and class discussion will both foster the understanding and critical elaboration of the contents of the course.
Expected learning outcomes
Students will apply the knowledge and understanding that they develop with regard to the topics of the course to specific cases. Skills of analysis and synthesis will be supported. Communication skills will be developed, in particular the ability to defend a thesis, develop supporting arguments in front of an audience, and formulate autonomous judgments. The course will endeavor to give students learning skills that will enable them to continue to study in a manner that is largely self-directed and autonomous. Students are expected to have developed at the end of this course the aforementioned skills.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Lesson period
First semester
Course syllabus
Course Syllabus
The course identifies specific issues that will help us explore the nexus between law, culture, and development. Lessons will therefore be divided into weekly sections devoted to the following topics:
1) The Theory of "Development as Freedom" (Amartya K. Sen) and the "'Export Theory' of Knowledge" (Sundhya Pahuja) as "Litigious Lovers"
2) The Nexus between Culture and Development in the International Sphere: An Introduction to the Political and Legal Frameworks
3) The Individualism/Collectivism Cultural Variable and Economic Development
4) Public Support for Culture, State Aid to Film, and Oligopolistic Markets: The Developing Countries between a Rock and a Hard Place
5) International Negotiations on Audiovisual Services within the WTO and Developing Countries
6) The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions: Serving Developing Countries' Needs?
7) The Sleeping Giant Awakening: China in the Global Cultural Market and Legal Sphere
8) Traditional Knowledge and Cultural Heritage: Intellectual Property Rights (IPRs), Self-Determinism, Diversity and Sustainable Development
9) Indigenous Rights, Development and the Exploitation of Natural Resources
10) Gender and Development
11) Students' Presentations
The course identifies specific issues that will help us explore the nexus between law, culture, and development. Lessons will therefore be divided into weekly sections devoted to the following topics:
1) The Theory of "Development as Freedom" (Amartya K. Sen) and the "'Export Theory' of Knowledge" (Sundhya Pahuja) as "Litigious Lovers"
2) The Nexus between Culture and Development in the International Sphere: An Introduction to the Political and Legal Frameworks
3) The Individualism/Collectivism Cultural Variable and Economic Development
4) Public Support for Culture, State Aid to Film, and Oligopolistic Markets: The Developing Countries between a Rock and a Hard Place
5) International Negotiations on Audiovisual Services within the WTO and Developing Countries
6) The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions: Serving Developing Countries' Needs?
7) The Sleeping Giant Awakening: China in the Global Cultural Market and Legal Sphere
8) Traditional Knowledge and Cultural Heritage: Intellectual Property Rights (IPRs), Self-Determinism, Diversity and Sustainable Development
9) Indigenous Rights, Development and the Exploitation of Natural Resources
10) Gender and Development
11) Students' Presentations
Prerequisites for admission
Prerequisites
Private Law and Constitutional Law.
Private Law and Constitutional Law.
Teaching methods
Teaching Methods
Frontal lessons and class discussions will be both used with a dominance of the latter. Based on the idea that class participation is an integral part of learning, students will be encouraged to develop their ability to learn through active class participation, particularly by interacting with the lecturer and listening to the views shared by other class members. Class attendance and students' active participation in class that is respectful of others are important aspects of the aims of this course. Periodically, students will be given reading assignments from a reading list that will be presented at the beginning of the course and will serve as a springboard for class discussion. A minimum of 60% attendance rate must be maintained.
The course will be taught in English. It will also give credits toward Legal English to students whose study plan mentions this course.
Frontal lessons and class discussions will be both used with a dominance of the latter. Based on the idea that class participation is an integral part of learning, students will be encouraged to develop their ability to learn through active class participation, particularly by interacting with the lecturer and listening to the views shared by other class members. Class attendance and students' active participation in class that is respectful of others are important aspects of the aims of this course. Periodically, students will be given reading assignments from a reading list that will be presented at the beginning of the course and will serve as a springboard for class discussion. A minimum of 60% attendance rate must be maintained.
The course will be taught in English. It will also give credits toward Legal English to students whose study plan mentions this course.
Teaching Resources
Bibliography
Students are expected to have read the required/compulsory readings for each class. Required readings will be discussed in class. A list of non-compulsory reading will be made available on the Ariel website of the course. Students are not expected to have read the non-compulsory readings. However, additional reading may be useful to allow students to expand their knowledge of a topic for future works/researches. Professor Bellucci will provide the study material. She will maintain the course website. Students' assessment will include class participation.
Students will agree with the lecturer on the study topics for the final examination. These topics will be chosen on the basis of the student's personal interests and professional goals. Each student will agree with the lecturer on 5 topics: she/he will use one topic for an in-class presentation and will study 4 topics for the oral exam. With regard to this choice, points 4 and 5 count as a single topic.
(Be careful: Only a few pages of books/long documents are compulsory. They are mentioned in the list)
1) The Theory of "Development as Freedom" (Amartya K. Sen) and the "'Export Theory' of Knowledge" (Sundhya Pahuja)
· Sen A. (1999), Development as Freedom, Knopf, New York (pp. 13-34)
· Pahuja S. (2014), Global Poverty and the Politics of Good Intentions, in R Buchanan and P Zumbansen (eds) Law in Transition: Human Rights, Development and Transitional Justice, Hart (pp. 31-48)
2) The Nexus between Culture and Development in the International Sphere: An Introduction to the Political and Legal Frameworks
· Report of the Director General of the United Nations Educational, Scientific and Cultural Organization, A/68/266, 5 August 2013, available at http://www.un.org/en/ga/search/view_ doc.asp?symbol=A/68/266&referer=http://www.un.org/en/documents/index.html&Lang=E
· Resolution adopted by the General Assembly on 22 December 2015. A/RES/70/214 Culture and sustainable development, available at http://www.un.org/en/ga/search/view_doc.asp? symbol=A/RES/70/214&referer=http://www.un.org/en/documents/index.html&Lang=E
· The United Nations Educational, Scientific and Cultural Organization, the United Nations Population Fund, and the United Nations Development Programme (2015), Post-2015 Dialogues on Culture and Development, UNESCO/UNFA/UNDP (pp. 6-11 and 85-91), available at http://unesdoc.unesco.org/images/0023/002322/232266E.pdf
3) The Individualism/Collectivism Cultural Variable and Economic Development
· Gorodnichenko Y. and Roland G. (2011), "Culture, Institutions and Development. Which Dimensions of Culture Matter for Long-Run Growth?", American Economic Review: Papers & Proceedings, 101:3 (pp. 492-498)
· Ball R., "Individualism, Collectivism and Economic Development", The Annals of the American Academy of Political and Social Science, 53. Culture and Development: International Perspectives (January 2001) (pp. 57-84)
4) Public Support for Culture, State Aid to Film, and Oligopolistic Markets: The Developing Countries between a Rock and a Hard Place
and
5) International Negotiations on Audiovisual Services within the WTO and Developing Countries
· Bellucci L (2015), '"Cultural Diversity" from WTO Negotiations to CETA and TTIP: More than Words in International Trade Law and EU External Relations', 20:2 Lex Electronica (pp. 39-61). Online: http://www.lex-electronica.org/s/1413 (Monographic issue: Commerce, Confiance et Protection d'intérêts après l'Accord économique et commercial global entre le Canada et l'Union européenne (AECG))
· Germann Avocats (Geneva) (2010), Implementing the UNESCO Convention of 2005 in the European Union, Short Version of the Study for the European Parliament, Directorate General for Internal Policies. Policy Department B: Structural and Cohesion Policies. Culture and Education (pp. 67-68), http://www.europarl.europa.eu/studies and http://www.diversitystudy.eu
· Communication from Brazil (2001), "Audiovisual Services", S/CSS/W/99, 9 July 2001, http:// www.esf.be/new/wp-content/uploads/2009/01/brazil-audio-visual-services.doc (pp. 1-3)
· Kelsey J. (2008), Serving Whose Interests? The Political Economy of Trade in Services Agreements, Abingdon, Routledge-Cavendish (pp. 221-233 and 238-241)
6) The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions: Serving Developing Countries' Needs?
· Convention on the Protection and Promotion of the Diversity of Cultural Expressions, available at http://unesdoc.unesco.org/images/0014/001429/142919e.pdf
· Craufurd Smith R. (2006), "The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions: Building a New World Information and Communication Order?", International Journal of Communication, 1 (pp. 24-55), http://ijoc.org/index.php/ijoc/ article/viewFile/25/17
7) The Sleeping Giant Awakening: China in the Global Cultural Market and Legal Sphere
· Media Consulting Group (2009), The Potential for Cultural Exchanges between the European Union and Third Countries: The Case of China, European Parliament, Directorate General for Internal Policies. Policy Department B: Structural and Cohesion Policies. Culture and Education, Brussels: European Parliament (pp. 9-34), available at http://www.europarl .europa.eu/studies
· Bellucci L. and Soprano R. (2010), Study Paper 3A: The WTO System and the implementation of the UNESCO Convention: two case studies, Germann Avocats (Geneva) and multidisciplinary research team, Implementing the UNESCO Convention of 2005 in the European Union, Full Version of the Study for the European Parliament, Directorate General for Internal Policies. Policy Department B: Structural and Cohesion Policies. Culture and Education, Brussels, European Parliament, http://www.diversitystudy.eu (pp. 159-164)
8) Traditional Knowledge and Cultural Heritage: Intellectual Property Rights (IPRs), Self-Determinism, Diversity and Sustainable Development
· Aylwin N. and Coombe R.J. (2014), "Marks Indicating Conditions of Origin in Rights-Based Sustainable Development", University of California, Davis Law Review, 47 (pp. 753-785)
· Cimoli M., Dosi G., Maskus K.E., Okediji R.L., Reichman J.H., and Stiglitz J.E. (2014), Intellectual Property Rights: Legal and Economic Challenges for Development, Oxford University Press (pp. 503-514)
· Anker K. (2014), Declarations of Interdependence: A Legal Pluralist Approach to Indigenous Rights, Ashgate (pp. 141-161)
9) Indigenous Rights, Development and the Exploitation of Natural Resources
· Sieder R. (2011), "'Emancipation' or 'regulation'? Law, globalization and indigenous peoples' rights in post-war Guatemala", Economy and Society, 40:2 (pp. 239-265)
· O'Faircheallaigh C. (2013), "Women's absence, women's power: indigenous women and negotiations with mining companies in Australia and Canada", Ethnic and Racial Studies, 36:11 (pp. 1789-1807)
10) Gender and Development
· Schalkwyk J. for the Canadian International Development Agency (Cida), Culture. a) Culture, Gender Equality and Development Cooperation (Adapted from DAC Sourcebook on Concepts and Approaches Linked to Gender Equality (1998) (drawing on work by Sara Longwe), June 2000, pp. 1-6, available at http://www.oecd.org/social/gender-development/1896320.pdf
· Nussbaum M. (2000), "Women's Capabilities and Social Justice", Journal of Human Development, 1:2 (pp. 119-247)
Students are expected to have read the required/compulsory readings for each class. Required readings will be discussed in class. A list of non-compulsory reading will be made available on the Ariel website of the course. Students are not expected to have read the non-compulsory readings. However, additional reading may be useful to allow students to expand their knowledge of a topic for future works/researches. Professor Bellucci will provide the study material. She will maintain the course website. Students' assessment will include class participation.
Students will agree with the lecturer on the study topics for the final examination. These topics will be chosen on the basis of the student's personal interests and professional goals. Each student will agree with the lecturer on 5 topics: she/he will use one topic for an in-class presentation and will study 4 topics for the oral exam. With regard to this choice, points 4 and 5 count as a single topic.
(Be careful: Only a few pages of books/long documents are compulsory. They are mentioned in the list)
1) The Theory of "Development as Freedom" (Amartya K. Sen) and the "'Export Theory' of Knowledge" (Sundhya Pahuja)
· Sen A. (1999), Development as Freedom, Knopf, New York (pp. 13-34)
· Pahuja S. (2014), Global Poverty and the Politics of Good Intentions, in R Buchanan and P Zumbansen (eds) Law in Transition: Human Rights, Development and Transitional Justice, Hart (pp. 31-48)
2) The Nexus between Culture and Development in the International Sphere: An Introduction to the Political and Legal Frameworks
· Report of the Director General of the United Nations Educational, Scientific and Cultural Organization, A/68/266, 5 August 2013, available at http://www.un.org/en/ga/search/view_ doc.asp?symbol=A/68/266&referer=http://www.un.org/en/documents/index.html&Lang=E
· Resolution adopted by the General Assembly on 22 December 2015. A/RES/70/214 Culture and sustainable development, available at http://www.un.org/en/ga/search/view_doc.asp? symbol=A/RES/70/214&referer=http://www.un.org/en/documents/index.html&Lang=E
· The United Nations Educational, Scientific and Cultural Organization, the United Nations Population Fund, and the United Nations Development Programme (2015), Post-2015 Dialogues on Culture and Development, UNESCO/UNFA/UNDP (pp. 6-11 and 85-91), available at http://unesdoc.unesco.org/images/0023/002322/232266E.pdf
3) The Individualism/Collectivism Cultural Variable and Economic Development
· Gorodnichenko Y. and Roland G. (2011), "Culture, Institutions and Development. Which Dimensions of Culture Matter for Long-Run Growth?", American Economic Review: Papers & Proceedings, 101:3 (pp. 492-498)
· Ball R., "Individualism, Collectivism and Economic Development", The Annals of the American Academy of Political and Social Science, 53. Culture and Development: International Perspectives (January 2001) (pp. 57-84)
4) Public Support for Culture, State Aid to Film, and Oligopolistic Markets: The Developing Countries between a Rock and a Hard Place
and
5) International Negotiations on Audiovisual Services within the WTO and Developing Countries
· Bellucci L (2015), '"Cultural Diversity" from WTO Negotiations to CETA and TTIP: More than Words in International Trade Law and EU External Relations', 20:2 Lex Electronica (pp. 39-61). Online: http://www.lex-electronica.org/s/1413 (Monographic issue: Commerce, Confiance et Protection d'intérêts après l'Accord économique et commercial global entre le Canada et l'Union européenne (AECG))
· Germann Avocats (Geneva) (2010), Implementing the UNESCO Convention of 2005 in the European Union, Short Version of the Study for the European Parliament, Directorate General for Internal Policies. Policy Department B: Structural and Cohesion Policies. Culture and Education (pp. 67-68), http://www.europarl.europa.eu/studies and http://www.diversitystudy.eu
· Communication from Brazil (2001), "Audiovisual Services", S/CSS/W/99, 9 July 2001, http:// www.esf.be/new/wp-content/uploads/2009/01/brazil-audio-visual-services.doc (pp. 1-3)
· Kelsey J. (2008), Serving Whose Interests? The Political Economy of Trade in Services Agreements, Abingdon, Routledge-Cavendish (pp. 221-233 and 238-241)
6) The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions: Serving Developing Countries' Needs?
· Convention on the Protection and Promotion of the Diversity of Cultural Expressions, available at http://unesdoc.unesco.org/images/0014/001429/142919e.pdf
· Craufurd Smith R. (2006), "The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions: Building a New World Information and Communication Order?", International Journal of Communication, 1 (pp. 24-55), http://ijoc.org/index.php/ijoc/ article/viewFile/25/17
7) The Sleeping Giant Awakening: China in the Global Cultural Market and Legal Sphere
· Media Consulting Group (2009), The Potential for Cultural Exchanges between the European Union and Third Countries: The Case of China, European Parliament, Directorate General for Internal Policies. Policy Department B: Structural and Cohesion Policies. Culture and Education, Brussels: European Parliament (pp. 9-34), available at http://www.europarl .europa.eu/studies
· Bellucci L. and Soprano R. (2010), Study Paper 3A: The WTO System and the implementation of the UNESCO Convention: two case studies, Germann Avocats (Geneva) and multidisciplinary research team, Implementing the UNESCO Convention of 2005 in the European Union, Full Version of the Study for the European Parliament, Directorate General for Internal Policies. Policy Department B: Structural and Cohesion Policies. Culture and Education, Brussels, European Parliament, http://www.diversitystudy.eu (pp. 159-164)
8) Traditional Knowledge and Cultural Heritage: Intellectual Property Rights (IPRs), Self-Determinism, Diversity and Sustainable Development
· Aylwin N. and Coombe R.J. (2014), "Marks Indicating Conditions of Origin in Rights-Based Sustainable Development", University of California, Davis Law Review, 47 (pp. 753-785)
· Cimoli M., Dosi G., Maskus K.E., Okediji R.L., Reichman J.H., and Stiglitz J.E. (2014), Intellectual Property Rights: Legal and Economic Challenges for Development, Oxford University Press (pp. 503-514)
· Anker K. (2014), Declarations of Interdependence: A Legal Pluralist Approach to Indigenous Rights, Ashgate (pp. 141-161)
9) Indigenous Rights, Development and the Exploitation of Natural Resources
· Sieder R. (2011), "'Emancipation' or 'regulation'? Law, globalization and indigenous peoples' rights in post-war Guatemala", Economy and Society, 40:2 (pp. 239-265)
· O'Faircheallaigh C. (2013), "Women's absence, women's power: indigenous women and negotiations with mining companies in Australia and Canada", Ethnic and Racial Studies, 36:11 (pp. 1789-1807)
10) Gender and Development
· Schalkwyk J. for the Canadian International Development Agency (Cida), Culture. a) Culture, Gender Equality and Development Cooperation (Adapted from DAC Sourcebook on Concepts and Approaches Linked to Gender Equality (1998) (drawing on work by Sara Longwe), June 2000, pp. 1-6, available at http://www.oecd.org/social/gender-development/1896320.pdf
· Nussbaum M. (2000), "Women's Capabilities and Social Justice", Journal of Human Development, 1:2 (pp. 119-247)
Assessment methods and Criteria
Assessment Methods and Criteria
The lecturer will take into consideration that students come from a variety of disciplines, and therefore will not assume too much prior knowledge. She will also consider that students' proficiency in English can vary.
The final exam will be oral. The assessment will focus on the accuracy of contents, clarity as well as skills of analysis and synthesis. Grades are expressed on a 18-30 cum laude scale.
The assessment includes:
In-Class Oral Presentation (30%)
Oral Exam (60%) -- The study material that will be used for the presentation will not be required for the oral exam
Class Participation (10%)
The lecturer will take into consideration that students come from a variety of disciplines, and therefore will not assume too much prior knowledge. She will also consider that students' proficiency in English can vary.
The final exam will be oral. The assessment will focus on the accuracy of contents, clarity as well as skills of analysis and synthesis. Grades are expressed on a 18-30 cum laude scale.
The assessment includes:
In-Class Oral Presentation (30%)
Oral Exam (60%) -- The study material that will be used for the presentation will not be required for the oral exam
Class Participation (10%)
IUS/20 - PHILOSOPHY OF LAW - University credits: 6
Lessons: 42 hours
Professor:
Bellucci Lucia
Shifts:
-
Professor:
Bellucci Lucia