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Lucky Belder

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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.

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Lucky Belder and Helle Porsdam

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Negotiating Cultural Rights

Issues at Stake, Challenges and Recommendations

Edited by Lucky Belder and Helle Porsdam

The various reports on cultural rights by UN Special Rapporteur Faridah Shaheed provide a new universal standard on cultural rights with topics ranging from cultural diversity, cultural heritage, and the right to artistic freedom to the effects of today's intellectual property regimes. The international team of expert contributors to this book reflect upon the many aspects of cultural rights in the reports and present a discussion of how cultural rights support cultural diversity, foster intercultural dialogue, and contribute to inclusive social, economic and political development.
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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.