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基本説明
Can the idea of cultural rights, which are predicated on the exclusivity of a community's beliefs and traditions, be compatible with the concept of human rights, which are universal to all human being?
Full Description
When does international law allow a State or group of States to adopt trade measures in order to "coerce" another State to comply with its international obligations to ensure respect for human rights? In answering this question this book draws together complex areas of international law which include the rules prohibiting interference in the internal affairs of sovereign States, the rules regulating extra-territorial exercises of jurisdiction, the law of State responsibility and the international legal rules requiring the protection of human rights and regulating international trade. The literature on "Trade and ..." issues invariably focuses on a limited number of these areas, or approaches the issues from an international relations or economic perspective. This book will assist specialists in international human rights law and international trade law, academic and government lawyers who advise on or implement international trade policy and those studying the use of human rights related trade measures.
Contents
Preface; 1 Culture, Heritage and Human Rights: An Introduction Francesco Francioni; 2 The Cross-Cultural Legitimacy of Universal Human Rights: Plural Justification Across Normative Divides Tore Lindholm; 3 Self-Determination and Cultural Rights A.F. Vrdoljak; 4 Cultural Rights: A Necessary Corrective to the Nation State William K. Barth; 5 Protecting Peoples' Cultural Rights: A Question of Properly Understanding the Notion of States and Nations? Matthias Ǻhrén; 6 Indigenous Peoples' Cultural Rights and the Controversy over Commercial Use of their Traditional Knowledge Federico Lenzerini; 7 The Right of a People to Enjoy Its Culture: Towards a Nordic Saami Rights Convention Martin Scheinin; 8 Cultural Identity and Legal Status: Or, the Return of the Right to Have (Particular) Rights Enikő Horváth; 9 Minorities' Right to Maintain and Develop Their Cultures: Legal Implications of Social Science Research Timo Makkonen; 10 The Role of the State in Balancing Religious Freedom with Other Human Rights in a Multicultural European Context Stéphanie Lagoutte and Eva Maria Lassen; 11 Accessing Culture at the EU Level: An Indirect Contribution to Cultural Rights Protection? Evangelia Psychogiopoulou; 12 Language Rights as Cultural Rights: A European Perspective Susanna Mancini and Bruno de Witte; 13 The Place of Cultural Rights in the WTO System John Morijn; 14 A Right to Cultural Identity in UNESCO Yvonne Donders; 15 Political Change and the 'Creative Destruction' of Public Space Sanford Levinson.
