II VOLUME – 2021/2022 Cultural IdentIty and Conflict of Values

2021-03-23

Undecidabilities and Law’s second volume welcomes contributions that highlight the modes of interpretation of values, interests and rights in situations where cultural conflicts arise. We are interested in articles that showcase the forms by which international and national Courts as well as other legal operators, such as the legislature and the administration (for instance within the recent pandemic crisis), deal with structural or intensive diversity of legal rules, principles and values.

From attitudes based on a “dialogue of sources” that stem from the multiplicity of legal materials protecting rights (inviting considerations of comparative law in order to avoid conflicts); through approaches that tend to favour the application of the law of the forum in international situations, in order to preserve essential conceptions of the national legal order; to methodologies that show some opening to foreign or unknown institutes but keep their core unaltered in order to preserve cultural pluralism: for all of these the Journal aims to put on display a plethora of ways to combine cultural identity and conflict of values.

All areas of legal research are welcome, from those which reinvent traditional human rights issues in national and international settings, through those which reconstitute the exacerbated cultural conflicts of our times, to those which consider discrimination and the failure to recognize diversity, and those which explore the contrast between freedom of trade and export restrictions, for instance in situations of trade embargoes, or the export (and restitution) of nationally valuable works of art.

We particularly welcome essays on the interpretation and determination of cultural identity or identities manifested in works of art in the context of import and export restrictions, taking into consideration the more recent case law (for instance, Attorney General of Canada v Heffel Gallery Limited, 2019 FCA 82; Decision of the Constitutional Court of the Federal State of Baden-Württemberg of 21 February 2019 – 1 VB 14/19; The Committee of Yunchun Village and the Committee Dongpu Village v. Oscar Van Overeem, Design & Consultancy B.V. and Design Consultancy Oscar van Overeem B.V., before the Sanming Intermediate People’s Court (2015) Sanmin Chuzi No. 626, 4 December 2020) and prospects for future developments.

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This Second issue will be coordinated by Erik Jayme, former Professor ordinarius of civil law, private international law and comparative law at the University of Heidelberg, Germany, and managing director of the Institute for Foreign and Private International and Commercial Law of the same University.

The articles on the proposed subject must be submitted until September 30th, directly to the platform: https://impactum-journals.uc.pt/ undecidabilitiesandlaw