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Law, culture and development in a global world - programma
Law, culture and development in a global world - programma

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LUCIA BELLUCCI , responsabile dell'insegnamento

Corso di laurea in SCIENZE DEI SERVIZI GIURIDICI (Classe L-14) Immatricolati DAL 2009/10 AL 2016/17 - Laurea - 2018/2019

Insegnamento obbligatorioNo
Anno di corso
Periodo di svolgimentosecondo semestre
Settori scientifico disciplinari
  • IUS/20 - Filosofia del diritto
Crediti (CFU) obbligatori6
Crediti (CFU) facoltativi-

Informazioni generali

Obiettivi: Students will apply the knowledge and understanding that they develop in the above-mentioned fields to specific cases. 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.

Risultati di apprendimento previsti: 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.

Programma di studio

Programma: 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

Bibliografia e altri materiali didattici: 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. 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. Students are invited to contact professor Bellucci via email: individual tutorials to discuss their assignments will be scheduled.

(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

Modalità di esame, prerequisiti, esami propedeutici

Esame in un'unica volta o suddiviso in partiunico
Modalità di accertamento conoscenzeEsame
Giudiziovoto verbalizzato in trentesimi

Prerequisiti e modalità di esame 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 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 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.

Attività propedeutiche consigliate according to didatic regulation of the Course of Law

Organizzazione della didattica

Settori e relativi crediti

  • Settore:IUS/20 - Filosofia del diritto - Crediti:6
Attività didattiche previste

Lezioni: 42 ore

Ricevimento Docenti

Orario di ricevimento Docenti
DocenteOrario di ricevimentoLuogo di ricevimento
LUCIA BELLUCCI , responsabile dell'insegnamentola prof.ssa Lucia Bellucci riceve il mercoledì alle ore 14,30

Avvertenze e altre informazioni

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. 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.

The course will be taught in English. It will also give credits toward Legal English to students whose study plan mentions this course.