Law, culture and development in a global world

A.A. 2023/2024
6
Crediti massimi
42
Ore totali
SSD
IUS/20
Lingua
Inglese
Obiettivi formativi
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 globalized world. A large part of the course will also be devoted to foster a new culture of sustainability. The world's fragility requires a new culture of sustainability both in rich and developing countries and it is globally connected to factors that can be broadly classified as concerning two macro areas of sustainability: the area related to ecological/green sustainability and the area related to social sustainability. The course aims to give students a vision for a circular and inclusive future, thus forming professionals that can find innovative and constructive solutions in an increasingly challenging work environment and planet. Frontal lessons and class discussion will both foster the understanding and critical elaboration of the contents of the course.
Risultati apprendimento attesi
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.
Corso singolo

Questo insegnamento può essere seguito come corso singolo.

Programma e organizzazione didattica

Edizione unica

Responsabile
Periodo
Primo semestre

Programma
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. 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 ecological/green sustainability and the area related to 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. The lecturer therefore added to the regular course program a 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: equality, inclusion and social norms; the Black Lives Matter movement: ethnic, and social marginalization/exclusion; women empowerment; 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" enriches the regular part of the course program. The regular part 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) Public Support for Culture, State Aid to Film, and Oligopolistic Markets: The Developing Countries between a Rock and a Hard Place
3) International Negotiations on Audiovisual Services within the WTO and Developing Countries
4) The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions: Serving Developing Countries' Needs?
5) The Sleeping Giant Awakening: China in the Global Cultural Market and Legal Sphere
6) Traditional Knowledge and Cultural Heritage: Intellectual Property Rights (IPRs), Self-Determinism, Diversity and Sustainable Development
7) Indigenous Rights, Development and the Exploitation of Natural Resources
8) Gender and Development
Prerequisiti
Prerequisites
Private Law and Constitutional Law.
Metodi didattici
Teaching Methods
The course will take place in presence. 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.
The course will be taught in English. It will also give credits toward Legal English to students whose study plan mentions this course.
The course will 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 for seminars. It will also benefit from audiovisual supports, videos being an example.
Materiale di riferimento
Bibliography/Teaching Materials/Resources
While doing the individual 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. The materials/sources are already available on the Ariel website of the course and will offer students a relevant starting point/point of departure for their individual research work. Materials provided by academic academics/experts that professor Bellucci will invite to intervene during course seminars will be made available on the Ariel website of the course. All these materials/sources will offer students a relevant starting point/point of departure for their individual research work.
Even the materials/sources related to the regular part of the course programme are already available on the Ariel website of the course.
Students are expected to have read the required/compulsory readings of the regular part of the course for each class. Required readings will be discussed in class. 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 3 topics. Please consider that points 2 and 3 count as a single topic.
(Be careful: Only a few pages of books/long documents are compulsory. They are mentioned in the list)
As already mentioned, the materials that can be helpful for the individual research are available in the devoted tool box (food for thought) on the Ariel website of the course. The regular part of the course will include:
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) Public Support for Culture, State Aid to Film, and Oligopolistic Markets: The Developing Countries between a Rock and a Hard Place
and
3) International Negotiations on Audiovisual Services within the WTO and Developing Countries
· Bellucci L (2021), "Beyond a Transatlantic Trade Law of Cultural Diversity Towards Inclusive Capitalism: New Narratives for a Post-COVID Sustainability in light of CETA and CUSMA", in Hervé A. Prince (ed.), Vers un droit international économique transatlantique/Towards a Transatlantic International Economic Law (special issue), "Revue juridique Thémis de l'Université de Montréal", 55, 2, 2021 (pp. 545-586).
· 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 , online (see the Ariel website of the course) (pp. 67-68)
· Communication from Brazil (2001), "Audiovisual Services", S/CSS/W/99, 9 July 2001, online (see the Ariel website of the course) (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)
4) 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, online (see the Ariel website of the course)
· 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, online (see the Ariel website of the course) (pp. 24-55)
5) 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, online (see the Ariel website of the course) (pp. 9-34)
· 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, online (see the Ariel website of the course) (pp. 159-164)
6) 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)
7) 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)
8) 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, online (see the Ariel website of the course) (pp. 1-6)
· Nussbaum M. (2000), "Women's Capabilities and Social Justice", Journal of Human Development, 1:2 (pp. 119-247)
Modalità di verifica dell’apprendimento e criteri di valutazione
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 class participation must be maintained.

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 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 send to the professor in the form of a Power Point (or similar supports). The course aims to give students a strong role as agents of change and therefore time to work on this innovative part of their contribution. If they wish, before sending it for evaluation they will be able to share it with the class to receive feedback from their colleagues and professor Bellucci. They will be able to choose between doing their research 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 be combined with the oral exam on 3 topics chosen among the regular topics: 1, 2/3 (please note that topic 2/3 is considered one topic and not two topics),4, 5, 6, 7, and 8 as well as with class participation.
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 regard to this choice, please consider that points 2 and 3 count as a single topic. Each student will also agree on one specific area for his or her individual research, 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 assessment will in summary include:
· Individual Research (sent to professor Bellucci in the form of a Power Point) 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 (60%)
· Class Participation (10%)
Students' individual researches will be sent to Professor Bellucci towards the end of the course. This way students will be able to progressively work on them during the course and to manage their own time according to their personal needs.
The oral exams will take place according to the university's directives. The Ariel website of the course will provide information about the exams. Students are kindly requested to check the Ariel website of the course as a reference point for any communication related to the exams and more generally to the course.
IUS/20 - FILOSOFIA DEL DIRITTO - CFU: 6
Lezioni: 42 ore
Docente: Bellucci Lucia
Docente/i
Ricevimento:
La Prof.ssa Bellucci riceve online su MS Teams (cod.stanza: aeogc6v); fino al 3-nov. il giov. ore 11, dall'8-nov. il mart. ore 14 – si prega comunque di scrivere una mail alla docente ([email protected]). Nel 2⁰ semestre su appuntamento via mail.
Microsoft Teams