Public Law Studies Quarterly

Protecting Cultural Diversity in the Age of Globalization

Document Type : Article

Authors

Setareh Sharifan 1
Abdollahi Mohsen 2
Masood Raei 3

1 Ph.D. in International law, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran

2 Associate Prof., Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran & Associate Prof., Shahid Beheshty University, Tehran, Iran

3 Associate Prof., Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran

https://doi.org/10.22059/jplsq.2020.291887.2220
Abstract
Cultural diversity is an important topic in international law and the international society. Considering the importance of cultural diversity in the era of globalization, this topic has become more noticeable in the international field. As protecting cultural diversity is a self-evident value and some developed countries are attempting to impose their own cultures on others, we need to examine what is cultural diversity and what is its relationship to the process of globalization in international law. This research is based on the theory that there is protection of cultural diversity in international law. In fact, what is threatening the cultural diversity of the world is not the process of globalization but the way governments treat it. The present research is divided into two sections. In the first section the general concept of cultural diversity will be described. After presenting a comprehensive description of cultural diversity, we will examine its evolution as well as its aims and basic elements. The second chapter examines the challenges of cultural diversity in the age of globalization.

Keywords

cultural diversity
globalization
international law
cultural policies and actions
cultural goods
cultural industries

  1. English

    1. A) Books
    2. Smiers, Joost (2003), Arts Under Pressure :Promoting Cultural Diversity in the Age of Globalization, Published by Zed Books.

     

    1. B) Articles
    2. Beat Graber,Christoph (2006), "The new UNESCO Convention on Cultural Diversity : A Counterbalance to the WTO?", Journal of International Economic Law (JIEL), Vol.9 No.3.
    3. Benhamou, Francoie & Peltier, Stephanie (2005), " How can we assess cultural diversity ? ", Brussels, Evidence from the French Publishing Industry Francoise Benhamou & Stephanie Peltier conference in honour of Victor Ginsburgu.
    4. Francioni, Francesco(2004), "Beyond State Sovereignty: The Protection of Cultural Heritage as a Shared Interest of Humanity", Francioni Type.
    5. Hahn, Michael (2006) , "A Clash Cultures? The UNESCO Diversity Convention and International Trade Law", Journal of International Economic Law (JIEL),Vol. 9, No.3.
    6. Imai, Kunihiko (2006), "Culture, Civilization, or Economy? Test of the Clash of Civilizations Thesis", International Journal on World Peace.
    7. Khachaturian, Alex, "The New Cultural Diversity Convention and Its Implications on the WTO International Trade Regime : A Critical Comparative Analysis", Texas International Law Journal, Vol.42:191.
    8. Mattelart, Armand (2005), "Cultural Diversity Belongs to Us All ", Le Monde Diplomatique.
    9. Neil, Garry (2006), "Assessing the Effectiveness of UNESCO s New Convention on Cultural Diversity", Global Media and Communication [ 1742 7665 2:2 ],Vol. 2, No.2.
    10. Rothkop, David (1997), "In Praise of Cultural Imperialism? Effects of Globalization on Culture", Globalization Policy Forum.
    11. Throsby, David (2004), "Cultural Diversity, Sweetness and Light? Cultural Diversity in the Contemporary Global Economy", British Council.

     

    1. C) Documents
    2. The Convention Concerning the Protection of the World Cultural and Natural Heritage, UNESCO, 1972.
    3. The Convention for the Safeguarding of the Intangible Cultural Heritage,UNESCO,2003.
    4. The Convention on the Protection and Promotion of the Diversity of Cultural Expressions,UNESCO <Paris,20 October 2005.
    5. International Network for Cultural Diversity (INCD),Canadian Conference of the Art, draft of January 2003,Ottawa,Canada.
    6. Islamic Declaration on Cultural Diversity, adopted by the 4 th Islamic Conference of Culture Ministers,Algiers,December 2004.
    7. United Nations Covenant on Civil and Political Rights (CCPR)
    8. Universal Declaration on Cultural Diversity,, Adopted by the 31st Session of the General Conference of UNESCO,Paris,2 November 2001.

     

    References in Persian

    1. A) Books
    2. Amir Arjmand, Ardeshir & Robinson, Mary (2007), Collection of International Human Rights Documents, Global Documents (part 1), Shahid Beheshti University (In Persian).
    3. Blake, Janet (2016), An Introduction to Cultural Diversity and Cultural Rights in International Policy and Law_ with Collected Materials, Shahid Beheshti University. Printing & Publishing Center,first edition (In Persian).

     

    1. B) Articles
    2. Beigzadeh, Ebrahim (2005),” A Reflection on Cultural Diversity in International Law”, Iranian Yearbook of International and Comparative Law, Tehran, Ganj-e-Danesh Publications, No. 1 (In Persian).
    3. ------------------------- (2007), “An Attitude Towards the Convention for the Protection and Promotion of the Diversity of Cultural Expressions”, Tehran, Foreign Policy Quarterly, Vol. 21, No. 4 (In Persian).
    4. Phalsafi, Hedayatollah (2001-2002), “The Right to Peace and Human Dignity; Reflections on the Concepts of Legal Rule, Moral Value and Humanity”, Tehran, Legal Journal, No. 27-26 (In Persian).
    5. Gros Espiell, Hector (2003),” Universality of Human Rights and Cultural Diversity”, translated by Beigzadeh, Ebrahim, Journal of Legal Research, Faculty of Law, Shahid Beheshti University, No. 38 (In Persian).
Public Law Studies Quarterly
Volume 52, Issue 4
Winter 2023
Winter 2022
Pages 2111-2126

  • Receive Date 06 November 2019
  • Revise Date 24 March 2020
  • Accept Date 22 June 2020

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