Cultural Relations Among States: is a Legal Adaptation Required?

Abstract

Cultural rights are an integral part of human rights. According to the International Covenant on Economic, Social and Cultural Rights (art. 15), the latter include the right to take part in cultural life, to enjoy the benefits of scientific progress and to benefit from the results of any scientific, literary or artistic production. In order to promote the cultural dimension of human rights, cultural relations among States represent an important tool since they foster initiatives in different sectors (i.e., cinema, literature, music, design, fashion), thereby giving people a better chance to enjoy and develop cultural rights. This essay will highlight the importance of properly defining and regulating cultural relations among States through an adaptation of international law, which currently lacks any provision on the issue. Although some international instruments mention cultural relations, they never provide a comprehensive legal framework for their development: The Vienna Convention on Diplomatic Relations (1961) merely acknowledges the existence of “cultural relations”; while the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005) aims to encourage dialogue among cultures (art. 1), but never refers to cultural relations. In order to fill this legal gap, this article will first examine some international tools connected with cultural relations. Secondly, it will consider the possibility to adopt a new Convention or act of soft law to define their core principles and values. The overarching argument will hold that an adaptation of international law would help guarantee that the overall outcomes of cultural relations are greater connectivity, better mutual understanding, and enhanced sustainable dialogue between states, people and non-state actors, thereby significantly promoting a human rights-based approach to culture.