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Federal or Non-Unitary Constitutional Systems (Article 30 UNESCO-Convention 2005)

in: The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions - Explanatory Notes (Sabine von Schorlemer/Peter-Tobias Stoll Hrsg.), Berlin/Heidelberg 2012 (Springer Verlag) (Mitautor David Vitali)

The 2005 UNESCO Convention on Cultural Diversity is a landmark agreement in modern international law of culture. It reflects the diverse and pluralist conception of culture as well as its increasing commercial dimension. Thirty diplomats, practitioners and academics explain and assess this important agreement in a commentary style. Article by article, the evolution, concepts, contents and implications of the Convention are analysed in depth, also including valuable recommendations for implementation. In an unprecedented way, the book draws from first-hand insights of negotiators, experience in implementation, including international cooperation and combines this with a good deal of critical academic reflection. It is a valuable guide for those, who deal with the Convention and its implementation in governments, diplomacy, international organization, cultural institutions and non-governmental organizations and will also serve an important source for academic work in such fields as international law and international relations.

Article 30: Federalism combines unity and diversity, and accomodates, preserves and promites distinct identities within a larger political union. As culture is closely interlinked with identity and regional peculiarities, decisions on cultural issues are typically reserved to the sub-State entities by constitutions in federal systems; so it does not come as a surprise that federal clauses are found more often in international agreements concerning culture. The in-depth discussions to draft Article 30 were important in order to re-establish a fundamental principle of international law. The overwhelming adoption of the federal clause after long discussions should make it clear to even the most ferocious opponents that such a clause has its place in international law. The wording of Article 30 should serve as a model for future (UNESCO) conventions. It drafts a good balance between legal security and the needs of federal or non-unitary systems: For the sake of cultural diversity at a local, regional, national and international level.



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