Lucky Belder and Aydan Figaroa
Is the celebration of Sinterklaas in the Netherlands an example of intangible cultural heritage to be recognised and protected by the UNESCO Convention on the Safeguarding of Intangible Cultural Heritage? This chapter regards the position of local communities and their role in the system of establishing national inventories in the UNESCO Convention and in the International Covenant on Economic, Social and Cultural Rights, while taking account of the escalating debate on the Dutch Sinterklaas tradition in the context of new insights on implicit forms of racism and white innocence in a post-colonial Dutch society.
Lucky Belder and Helle Porsdam
Issues at Stake, Challenges and Recommendations
Edited by Lucky Belder and Helle Porsdam
Lucky Belder, Léon E Dijkman and Arne EM Mombers
This article draws a comparison between the draft for a EU Copyright Code by the Wittem Group and Pamela Samuelson's Preliminary Thoughts on Copyright Reform. The authors first outline the development of copyright in Europe and assess how the proposed EU Copyright Code strikes a balance between the different jurisdictions. Next, the authors outline Pamela Samuelson's main critiques of the US copyright system. In comparing the two reform proposals, the authors conclude that the reform initiatives are similar in their critique of the existing system. In particular they seem to agree on the need for reform of the system of limitations to copyright, meaning that convergence of copyright systems should be achieved in this respect. The authors conclude by discussing the balance between copyright and the public domain and offer some tentative observations about the future of copyright harmonization.