How (un)readable are the European and UNESCO Cultural Conventions in the Digital Era?
In 1954, the Members of the Council of Europe adopted the European Cultural Convention. In 2005, UNESCO ratified a Convention on the Protection and Promotion of the Diversity of Cultural Expressions. In 2017, the Conference of Parties at the 2005 Convention approved the Operational Guidelines on the Implementation of the Convention in the Digital Environment.
 How different, or similar, are these documents in terms of (legal) language and contents? The literature has long discussed the features hallmarking the language of the law. Do these characteristics also apply to international conventions? Are these documents somehow affected, or influenced, by the digital era and media discourse? This paper aims to answer these questions by exploring the (dis)similarities among these important documents in terms of content and use of legal terminology vis-à-vis the global media landscape. It will shed light on the accessibility and intelligibility of these documents to the layperson in terms of clarity, content, sentence structure and syntax. It will explore whether any form of legalese is applied and whether the drafting style is either formal or informal; solemn or simple, and (un)influenced by media or digital language. The paper findings will remark that the European Convention and, surprisingly, the more recent UNESCO Convention, are characterized by a formal, detached and rather archaic style, being addressed to its member states. To some extent, instead, the Operational Guidelines are more reader-friendly and accessible to the (digital) layperson. They contain, in fact, more elements of plain English and cater for the new rights of Internet users.
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3
- 10.1093/iclqaj/30.1.118
- Jan 1, 1981
- International and Comparative Law Quarterly
THE DEVELOPING jurisprudence of the Court of Justice of the European Communities relating to general principles of European Community Law and its increasing reference to the European Convention on Human Rights and other sources of fundamental rights as forming an integral part of that law suggests that the European Convention may have been accommodated into the corpus of European Community law.' This communitisation of the European Convention may well endow its substantive provisions with special Community law features in relation to national law, thus radically altering the Convention's status in the domestic law of the nine member States.2 In the words of the former President of the Court of Justice of the European Communities (the Luxembourg Court): Just as Community law has become effectively established thanks to national courts, so the [European] Convention [on Human Rights] can become part of national legislation by means of the combined compulsory force of the decisions of the Court of Justice and national judgments. By interpreting Community law in the light of the Convention, the Court of Justice would place the efficacy of its decisions at the latter's disposal. Direct effect, uniformity, the primacy of community law could also help the rights safeguarded by the Convention to penetrate both into the Community and each of the member States. 3
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- 10.15862/81pdmn224
- Apr 1, 2024
- World of Science. Pedagogy and psychology
The author of the article considers the «flipped classroom» teaching model as a means of cultivating environmental culture in a digital linguistic educational university environment. In the era of digitalization, a teacher needs to use various digital technologies and resources to involve students in the learning process. In this article, the author conducted a study based on the «flipped classroom» learning model, where activities traditionally carried out in the classroom become tasks for independent work, and activities that usually constitute independent activity are performed in the classroom. The purpose of the study was to examine the effectiveness of the «flipped classroom» model in nurturing the ecological culture of students in the digital foreign language environment of the university, using the example of greening the Foreign Language discipline within the framework of undergraduate training. 42.03.01 Advertising and public relations. The author analyzed scientific developments on the introduction of the «flipped classroom» model into the educational process in higher education, determined the level of environmental culture of students (1st year of non-linguistic universities), applied the «flipped classroom» model in educating the ecological culture of students in the experimental group using a foreign language based on e-learning — methodological manual «Ecological Advertising Project» in the digital environment of the university and the traditional teaching model in the control group, also based on the electronic educational and methodological manual «Ecological Advertising Project», revealed the effectiveness of using the «flipped» classroom teaching model in educating students’ environmental culture using a foreign language in the digital environment of the university. It is obvious that it is no longer possible to imagine higher school without modern technologies, and most of them are used in a personalized manner. Considering the «flipped classroom» model in combination with the electronic teaching aid «Ecological Advertising Project», the author notes the effectiveness of mastering the material and it is necessary to reconsider the content and methods of teaching at the university. Modern society is interested in an ecologically cultural population, and the task of the university is to provide the student with the knowledge and necessary information to continue the formation of environmental thinking begun in preschool and secondary school, and to promote environmental activities through numerous environmental activities. In conclusion, the author of the article notes the potential of the «flipped classroom» model for improving educational outcomes in the field of environmental education through foreign languages. The model promotes active learning and personal engagement, which is critical in complex disciplines such as foreign language and environmental science. Integrating digital resources and personalized learning strategies can make education more effective and responsive to students' needs. The study suggests that incorporating flipped classrooms into higher education can lead to greater understanding and commitment to environmental conservation. This model can be especially effective in technical universities, where the integration of new teaching technologies is already underway. The results suggest a need for wider application and further research into the effectiveness of the flipped classroom across disciplines.
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2
- 10.1080/10286632.2022.2107637
- Apr 14, 2023
- International Journal of Cultural Policy
United Nations Educational, Scientific and Cultural Organisation (UNESCO) has adopted cultural Conventions since the 1950s, specifying aspects of culture that its Member States should protect and promote as the ‘Common Heritage of Mankind (CHM)’. This article argues that UNESCO has accumulated the concepts of the CHM in four cultural Conventions into the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (Cultural Diversity Convention), making UNESCO’s cultural policy remit ‘ambiguous’. This article further posits that the accumulation of the concepts of the CHM into the Cultural Diversity Convention lies in a rhetorical structure; The rhetorical structure allows the Convention to set ambivalent policy agendas encompassing the protection of past culture and the promotion of contemporary cultural industries. A historical analysis of UNESCO’s five cultural Conventions demonstrates that UNESCO has developed its description of the CHM and the following policy ambit to respond to social changes in the cultural sector as well as the political relationships of its Member States and other international organisations. The discussion about the use of cultural description to extend UNESCO’s cultural policy ambit sheds new light on the ambiguity of cultural policy in the context of how to use historical knowledge of culture.
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- 10.54082/jupin.384
- May 11, 2024
- Jurnal Penelitian Inovatif
The digital era has fundamentally transformed marketing paradigms. This shift underscores the need to understand how consumer psychology interacts within the digital environment. This research aims to provide deeper insights into how consumer psychology plays a role in decision-making processes in the digital marketing era, along with its implications for marketing practices. The research methodology employed is a literature review using qualitative approaches and descriptive analysis. Data for the literature review were gathered from Google Scholar for the period 2015-2024. The study findings indicate that in the continually evolving digital marketing era, a profound understanding of consumer psychological dynamics is crucial for business success. Factors such as perception, attitude, motivation, and emotion play key roles in consumer decision-making processes. Marketers need to pay attention to how digital content and interactions influence consumer preferences and behaviors. Additionally, external factors such as social and cultural contexts also shape consumer psychological dynamics.
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1
- 10.24833/0869-0049-2020-4-6-22
- Dec 31, 2020
- Moscow Journal of International Law
Implementation of standards of the european convention on human rights regarding forced removal of aliens in the European Union law
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- 10.1177/203228441000100410
- Dec 1, 2010
- New Journal of European Criminal Law
Corrigendum to the article “Jurisdiction and Applicable Law in the EU Directive on Transfer of Proceedings in Criminal Matters”, of the New Journal of Criminal Law Volume 1 issue 3. On page 350, lines 8 and 9 for: concerning the future requesting State read concerning the future requested State next paragraph for: Despite the conditions attached to the solution adopted in the Draft Directive, the breadth of the situations covered somewhat reduces their effect: practically the same solution is reached as if competence was automatically accorded to all Member States. Under the current version of the text, the only two situations which would lead to different results under the past versions of the Framework Decision or under the European Convention on Transfer of Proceedings are purely theoretical: 1) a State is competent on a territorial basis but has decided not to prosecute an offence of which all the effects occurred outside the EU, neither the victim nor the suspect being EU nationals or EU residents, or 2) a State is competent on the sole base of universality and of the presence of the suspect on its territory and decides not to prosecute. In these two (marginal) cases, competence will not be granted under the Draft Directive whereas it would have been under the previous texts or under the European Convention on Transfer of Proceedings. read Despite the conditions attached to the solution adopted in the Draft Directive, the breadth of the situations covered somewhat reduces their effect: practically the same solution is reached as if competence was automatically accorded to all Member States. In some cases, competence will not be granted under the Draft Directive whereas it would have been under the previous texts or under the European Convention on Transfer of Proceedings. For example, when an offense is committed in a Member State and all the elements concern this same State, with no element of extraterritoriality, no other State will be granted jurisdiction under the current version of the text. The only States to be granted jurisdiction are the ones to whom the proceedings may be transferred under Article 7. Thus even if the Draft Directive restricts the number of competent States in each case, the difference with the past versions of the Framework Decision or the European Convention on Transfer of Proceedings is purely theoretical.
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1
- 10.37602/ijrehc.2024.5301
- Jan 1, 2024
- INTERNATIONAL JOURNAL OF RESEARCH IN EDUCATION HUMANITIES AND COMMERCE
The impact of development of information and technology in relation to digital works on the internet has indicated a contribute in the digital environment through duplication or copying under the copyright system. Duplication that only intended to read only, and there is permanent as intended to store information itself. Copyright protection on the Internet focuses to any attempt to restrict access and usage of the creation. Considered that violation in all activities that involve copying or making new digital activities either artistic or literary work available to the public without permission (eg, linking, framing, sharing). Indonesia has ensured the protection of copyrighted works, especially in the digital era, by ratifying international treaties related to copyright in the digital era such as the WIPO Copyrights Treaty (WCT), the WIPO Performances and Phonograms Treaty (WPPT), and the Beijing Treaty on Audio-Visual Performance. These three treaties regulate economic rights and moral rights for creators and performers, including those related to music and songs in the digital (internet) era Indonesian Copyright Law has regulations about Copyrights Recordation and Its recordation can be applied by applicant(s) even Creator or the Owner of Copyrights to Directorate General Intellectual Property (Indonesia IP Office). Certificate of Recordation will make easy proved if any dispute happening event takes proceedings either court or non-court settlement. Based on the declarative principle, there is a problem about contradiction between recordation and copyright protection which is published in the internet. This article discusses the existence of copyright recordation regulation that causes its to be breached copyright ownership principles to be gotten protection since that creation first time is publicized (first to publish).
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1
- 10.4018/978-1-7998-5171-4.ch012
- Jan 1, 2020
When the term lifelong learning (LLL) is the matter of discussion, its features, benefits, and limitations are also to be derived. In the era of digitization, digital learning is a buzz word for educating people irrespective of age. The concepts of digital learning must be clearly understood before embedding LLL in a digital environment. The contribution of web technology for the fusion of digital learning with LLL cannot be overlooked. To look deeper into it, a methodology is to be derived for LLL to best focus on the features. A framework for knowledge management (KM) has been proposed to create virtual learning communities (VLCs), which in turn will foster collaborative learning. Also, it is to be observed that by inducting the principles and practice of LLL in the digital environment, a blooming educational concept has erupted for the creation of knowledge society (KS). The chapter gives a clear discussion of LLL embedded in a digital learning environment.
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- Jan 1, 2013
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Embracing Diversity
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1
- 10.21686/1818-4243-2023-1-4-16
- Mar 9, 2023
- Open Education
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- Dec 19, 2024
- Alfred Nobel University Journal of Pedagogy and Psychology
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3
- 10.17585/arctic.v4.43
- Apr 30, 2013
Article 56 of the European Convention on Human Rights is often referred to as the «colonial clause» and it has received little attention by commentators, whereas there has been extensive writing on Article 1of the Convention regarding the extraterritorial reach of that treaty. Article 56 has nevertheless the effect of limiting the responsibility of Member States for acts and omissions of the authorities of its dependent territories, although the Member State is still responsible if it acts directly through its own metropolitan officials in such territories. By employing an example of Norway, this paper finds it unnecessary for this country to undertake obligations pursuant to Article 56 in relation to its dependent territories in and around Antarctica, since there is currently little activity there which is not already covered by the extraterritorial regime of Article 1 of the Convention. The paper additionally considers the pros and cons of extending the Convention to territories under Article 56 should future devel- opments lead to a larger and more permanent population of these areas. Keywords: European Convention on Human Rights, extraterritoriality, dependencies, South Atlantic, Antarctica Citation: Arctic Review on Law and Politics, vol. 4, 1/2013 pp. 21–41. ISSN 1891-6252
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12
- 10.1093/he/9780198847137.001.0001
- Dec 23, 2020
Seventy years after the founding of the European Court of Human Rights it has dispensed more than 22,000 judgments and affects the lives of over 800 million people. The eighth edition of Jacobs, White & Ovey: The European Convention on Human Rights provides an analysis of this area of the law. Examining each of the Convention rights in turn, this book lays out the key principles. Updated with all the significant developments of the previous three years, it offers a synthesis of commentary and carefully selected case-law, focusing on the European Convention itself rather than its implementation in any one Member State. Part 1 of the book looks at institutions and procedures, including the context, enforcement, and scope of the Convention. Part 2 examines each of the Convention rights including the right to a remedy, right to life, prohibition of torture, protection from slavery and forced labour, and respect for family and private life. Part 2 also examines the freedom of thought, conscience, and religion; the freedom of expression; and the freedom of assembly and association. The rights to education and elections are considered towards the end of Part 2, as are the freedoms of movement and from discrimination. Part 3 reflects on the achievements and criticisms of the Court and examines the prospects and challenges facing the Court in the present political climate and in the future.
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53
- 10.1093/he/9780198767749.001.0001
- Oct 1, 2017
Nearly seventy years after the founding of the European Court of Human Rights it has dispensed more than 20,000 judgments and affects the lives of over 800 million people. The seventh edition of Jacobs, White & Ovey: The European Convention on Human Rights provides an analysis of this area of the law. Examining each of the Convention rights in turn, this book lays out the key principles. Updated with all the significant developments of the previous three years, it offers a synthesis of commentary and carefully selected case-law, focusing on the European Convention itself rather than its implementation in any one Member State. Part 1 of the book looks at institutions and procedures, including the context, enforcement, and scope of the Convention. Part 2 examines Convention rights in terms of many aspects, including rights to remedy, rights to life, prohibition of torture, protection from slavery and forced labour, and family and private life. Part 2 also examines the freedom of thought, conscience, and religion; the freedom of expression; and the freedom of assembly and association. The rights to education and elections are considered towards the end of Part 2, as are the freedoms of movement and from discrimination. Part 3 reflects on the achievements and criticisms of the Court and examines the prospects and challenges facing the Court in the present political climate and in the future.
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- 10.32631/v.2025.1.37
- Apr 18, 2025
- Bulletin of Kharkiv National University of Internal Affairs
The article is devoted to the process of the establishment of the Council of Europe's activities in the field of human rights and freedoms protection. The historical context of the creation of this organisation after the Second World War is analysed, in particular, the prerequisites that led to international cooperation of European countries on this issue. The founding of the Council of Europe in 1949, its basic principles enshrined in the Charter, as well as the stages of development of the organisation's human rights mechanism are considered. Considerable attention is paid to the adoption of the European Convention on Human Rights in 1950, its structure, fundamental rights and freedoms guaranteed by the document, as well as further amendments and additions adopted in the form of annexes. The author analyses the evolution of the human rights mechanism, including the adoption of additional protocols that expanded the list of guaranteed rights and improved the procedures for their protection. The process of reforming the system of human rights monitoring, which culminated in the adoption of Protocol No. 11, which established the permanent European Court of Human Rights, providing it with supranational status and compulsory jurisdiction, is considered. The role of the European Court of Human Rights and the European Commission of Human Rights, their evolution and reforms, in particular the 1998 reform that led to the creation of a single permanent Court, are examined. Particular attention is paid to the analysis of the system of control over the observance of human rights within the Council of Europe, its impact on the legal systems of member states and the development of European precedent. The study concludes that the activities of the Council of Europe have become a key element in the formation of the human rights protection system, and the European Convention on Human Rights has established international bodies for monitoring the observance of these rights and fundamental freedoms and empowered them to make decisions binding on member States, which has made it possible to achieve real restoration of human rights and freedoms in case of their violation. It is emphasised that the activities of the Council of Europe and its human rights mechanism have contributed to improving the level of human rights protection in Europe. The European Convention on Human Rights and its mechanisms have become an effective tool for ensuring democratic standards and the rule of law in the member states of the Council of Europe.
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