Il razzismo della prosperità nell’Europa contemporanea - Riflessioni a margine del pensiero antirazzista di Walter Lorenz

Recent publishing on the migration phenomena in the communitarian and globalized Europe, puts in evidence a fundamental racism which is capable of making cultural processes grow and feed both chaos and social disorder. As a matter of fact we are approaching the ending debates on multicultural citizenship as well as on solidary integration and antiracism. Since the appearing of these phenomena, namely the huge post colonial migration in the nineteen-eighties, by which the colonized countries became almost “emigrant nurseries”, one could expect their stabilization. On the contrary, globalization and migration (twin subjects) everywhere still produce, at various levels, social disturbances together with some chauvinistic limitations as an ultimate kind of western prosperity defense. The peculiar European features of this new racism, less than ideological (superiority, homogeneity and civilizing mission), are confined to the concepts of patriotism, inequality and exclusion. In these terms one can understand why the new economic expansionism and the quest for new world markets makes European policies unstable, which remain undecided between conservatism, liberalism and extreme right. All this explains at least two things: the existing ambiguities of some European policies aiming to enhance particular forms of protectionism, and the difficulties in which the antiracist thought seems to be embedded. Indeed, according to what Walter Lorenz has already made clear, by using a well founded methodology, which prevents any fruitless protestations, it is impossible to contrast racism and nationalism. In such context, the educational field should try to use an operative epistemology. In other words the antiracist thought should dispose of competences and skills and, especially, personal and reflective capabilities. All this in order to avoid that which, in different historical scenes, permit the revival of the sense of moral opprobrium could not be identified with the political alibi to maintain privileges as well as advantages for the exclusive benefit of wealthy countries.

Sui Generis Rights for the Protection of Traditional Cultural Expressions Policy Implications

Within the international community there have been many calls for better protection of traditional cultural expressions (TCEs), for which classic instruments of intellectual property rights do not seem to fit. In response, at least five model laws have been advanced within the last 40 years. These are referred to as sui generis because, though they generally belong to the realm of intellectual property they structurally depart from classic copyright law to accommodate the needs of the holders of TCEs. The purpose of this paper is to provide a well-founded basis for national policy makers who wish to implement protection for TCEs within their country. This is achieved by systematically comparing and evaluating economic effects that can be expected to result from these regulatory alternatives and a related system or private ordering. Specifically, we compare if and how protection preferences of local communities are met as well as the social costs that are likely to arise from the different model laws.