Law, culture and development in a global world

A.Y. 2020/2021
6
Max ECTS
42
Overall hours
SSD
IUS/20
Language
English
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.
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.
Course syllabus and organization

Single session

Responsible
Lesson period
First semester
Course Syllabus
It is nowadays proved that development is strictly connected to culture/cultural values. The COVID-19 pandemic has also shown that our world is more fragile than the majority of us thought and that this fragility requires a new culture of sustainability both in rich and developing countries, and has pushed the lecturer towards a reshaping of the course. This pandemic has shown that our world's fragility is globally linked to factors that can be broadly classified as related to two macro areas of sustainability, the area related to the ecological/green sustainability and the area related to the social/inclusive sustainability. The COVID-19 pandemic showed how these areas are strongly interconnected and that we need to develop a new culture with respect to both of them. For the 2020-20121 edition of the course the lecturer will therefore add to the regular course programme a new part devoted to "Green Rules, Green Economy, Green Lives and Social Inclusion: A New Culture for a Post-COVID Sustainability". With regard to this part she will focus in particular on a few specific areas of study: women empowerment, equality, inclusion and social norms; the black lives matter movement: ethnic and social marginalisation/exclusion; fashion (eco-friendly/ law impact materials and circular manufacturing efficiencies), farm to fork food systems (fair, healthy and eco-friendly breeding/farming, sustainable agriculture), sustainable electronics, plastic free environments and oceans. These specific areas have been chosen because they are greatly related to consumers/citizens' choices and therefore to the direct possibility to involve and empower them as agents of change (cultural and therefore behavioral and social change) for a new sustainability through effective rules, customs and practices.
The pandemic has shown that new competences need to be formed in order to embrace the challenges that the world will face in the coming years. Some big companies, for example in the technological or fashion fields have already presented their sustainability plans for the future and the European Commission is shaping its own policies (the European Green Deal). Responsibility, accountability, equality, inclusiveness and diversity have been proven to be not only crucial ethical aspects but also essential elements for a sustainable development strategy. A vision for a circular future and a reduced "footprint" can only be holistic as holistic needs to be the background that future professionals need to acquire to be able to find new solutions in an increasingly challenging work environment and planet. Work places (private companies, public institutions/international organisations, law firms, NGOs, etc.) will need professionals who are experts in normative issues (positive law and social norms) but also aware of scientific, technical and social issues, who will be capable to foster and manage virtuous processes thank to which consumers/citizens, decision makers, and stake holders can support together a new culture of sustainability. It is clear in fact that if one of these three agents is not involved, virtuous processes cannot be implemented and resources (money, human/natural resources and time) are wasted. These professionals will need to foster a new culture of sustainability and help implement it as a productive strategy, in order to champion circular innovation and social inclusion for a sustainable tomorrow. To enable this, the social sciences/humanities education and the scientific/technical one need to come closer through a "new renaissance" approach. Therefore, the academics/experts that will be invited to intervene during the course will come from both these backgrounds.
The part devoted to "Green Rules, Green Economy, Green Lives and Social Inclusion: A New Culture for a Post-COVID Sustainability" will be added to the regular part of the course programme.
The regular part of the course will therefore be treated during its 2020-2021 edition with the exception of two topics: topics 2 (The Nexus between Culture and Development in the International Sphere: An Introduction to the Political and Legal Frameworks) and 3 (The Individualism/Collectivism Cultural Variable and Economic Development), which will not be treated during the 2020-2021 edition of the course.

Bibliography/Teaching Materials/Resources
While doing the research related to one of the chosen specific areas included in the "Green Rules, Green Economy, Green Lives and Social Inclusion: A New Culture for a Post-COVID Sustainability" part of the course, students will also be able to use and therefore refer to videos, websites and resources both on the specific area that they have chosen and on the cultural and social dimension of sustainability. These materials/sources will be provided by Professor Bellucci and the academics/experts that she will invite to intervene during the course. All these materials/sources will be shared/made available on the Ariel website of the course and will offer students a relevant starting point/point of departure for their individual research work.
The materials related to the regular part of the course programme are already available on the Ariel website of the course.
With regard to the regular part of the course programme, all the teaching materials will be kept with the exception of the ones related to topics 2 (The Nexus between Culture and Development in the International Sphere: An Introduction to the Political and Legal Frameworks) and 3 (The Individualism/Collectivism Cultural Variable and Economic Development), which will not be treated this year.

Teaching Methods
The course is delivered in online mode through the Microsoft Teams platform. All lessons will be held both in synchronous mode (i.e. with direct online connection at the time scheduled for the course and mentioned in the schedule of the courses ) and asynchronous mode (i.e. that allows access to the recorded content of the lesson at times other than the time of the lesson) and all asynchronous content will be available on the Ariel website of the course.
The course remains designed with an inclusive and participatory teaching style, which will be made possible both by the discussion that will take place synchronously in several lessons and that will reproduce what usually takes place in presence, and by some tools typical of inclusive online learning that will help students to absorb the topics of the course in a pleasant way.
When possible, the course will try to benefit from what can be considered the positive part of online teaching that goes besides and beyond the emergency time, which is the possibility of reaching both academics and experts around the world. It will also benefit from audiovisual supports, videos being an example.

Assessment Methods and Criteria
The course will be taught in English. It will also give credits toward Legal English to students whose study plan mentions this course.
The lecturer will take into consideration that students come from a variety of disciplines, and therefore will not assume a large amount of prior knowledge. She will also consider that students' proficiency in English can vary.

Active (virtual) class participation and a minimum of 60% attendance rate must be maintained in the 2020-2021 edition of the course too.

With the aim to generate a new culture and normative frameworks able to foster new economic/social models and more generally constructive change for people and the planet, students will be encouraged to explore one of the (above-mentioned) specific areas that constitute the "Green Rules, Green Economy, Green Lives and Social Inclusion: A New Culture for a Post-COVID Sustainability" part, through an individual research that they will share with the virtual class through an online presentation. They will be able to choose between doing their research and present (only orally through power point or different supports, no written essay will be required) focusing either on an example/experience of an effective normative framework (including only legal rules or legal and social norms too) that is working well in some parts of the world and that can be considered pioneering in their chosen area or on an example/experience of normative framework that is not working particularly well and that can be improved and that they will present with their suggested improvements using the inputs they have received through the course. This "innovative and proposing part" will replace the oral presentation that was required in the previous editions of the course (20%) and will be combined with the oral exams on 3 topics chosen among the regular topics: 1, 4/5 (please note that topic 4/5 is considered one topic and not two topics) , 6, 7, 8, 9, and 10 as well as with (virtual) class participation. Please note that for the past editions of the course students needed to choose 4 topics for their oral exams, but the 2020-2021 edition of the course aims to give students a strong role as agents of change and therefore more time to work on the innovative part of their contribution which is their individual research/online presentation.

Students will agree with the lecturer on the study areas/topics for the final examination. These areas/topics will be chosen on the basis of the student's personal interests and professional goals. Each student will agree with the lecturer on 3 topics to study for the oral exam, chosen from the regular reading list (with the exception of the deleted topics 2 and 3). With regard to this choice, points 4 and 5 count as a single topic. Each student will also agree on one specific area for his or her individual research that he or she will present to the virtual class (online presentation), choosing among the specific areas that form the new part devoted to "Green Rules, Green Economy, Green Lives and Social Inclusion: A New Culture for a Post-COVID Sustainability". Students are invited to contact professor Bellucci via email: individual tutorials to discuss their assignments will be scheduled.

The 2020-2021 edition assessment will in summary include:
· Online Presentation of student's individual research (on one specific area chosen among the specific areas that constitute the new part devoted to "Green Rules, Green Economy, Green Lives and Social Inclusion: A New Culture for a Post-COVID Sustainability") (30%)
· Oral Exam (3 topics chosen among the regular course programme list with the exclusion of topics 2 and 3) (60%)
· Virtual Class Participation (10%)

Students' individual researches will be presented towards the end of the course. This way students will be able to progressively work on it during the course and to manage their own time according to their personal needs.
The oral exams will take place online on the Microsoft Teams platform according to the modalities mentioned on Prof. Bellucci's Ariel website of the course. This website will provide general information about online exams, that follows the information provided by the University and will always be available on the Ariel website of the course, as well as specific information related to each examination that is uploaded on the same website after the closing of the enrolment. In case the number of students enrolled in the exam requires it, the specific information will also provide indications on the times of each student's examination, to avoid that he or she waits too long online and at the same time to guarantee the publicity of the exam. Students are therefore kindly requested to check the Ariel website of the course as a reference point for any communication related to the exams on Microsoft Teams. The assessment criteria remain those usually applied for this course. There are no changes with regard to the criteria mentioned in the appropriate field that students are therefore encouraged to consult.
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
Prerequisites for admission
Prerequisites

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.
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… (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 a large amount of 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
Professor(s)
Reception:
During the first semester Professor Lucia Bellucci is available for students on Microsoft Teams (not Skype anymore) on Thursday at 2.15 p.m. (14.15) and 6.45 p.m. (18.45), access code: aeogc6v. During the second semester Prof. Bellucci will be available b
Microsoft Teams