GERMANN
AVOCATS' RESEARCH TEAM
The Geneva based law firm Germann Avocats and its multidisciplinary
research team
completed the study for the European Parliament's Committee on Culture
and
Education (tender procedure IP/B/CULT/IC/2009-057). The overall objective
of this
study is to provide a summary of the state of implementation of the
UNESCO
Convention on the Protection and Promotion of the Diversity of Cultural
Expressions of
2005, in particular in fields where the European Community would be
expected to
provide leadership or coordination.
Dr Christophe Germann takes overall
responsibility for the delivery of this Study to
the European Parliament.
Christophe Germann is an attorney at law admitted to the bar of Geneva
and
authorized to practise in Switzerland and in the European Union. He
holds a Ph.D. from
the University of Berne Law School addressing cultural diversity and
international trade
laws and policies (“Diversité culturelle et libre-échange à la
lumière du cinéma”). In
2009-10, Christophe Germann worked as a visiting research affiliate
at the Lauterpacht
Centre for International Law at the University of Cambridge (www.lcil.cam.ac.uk/)
and
at the Genocide Studies Program at the Whitney and Betty MacMillan
Center for
International and Area Studies at Yale University (www.yale.edu/gsp/).
This research
will result in a habilitation thesis on cultural genocide in international
law. In 2006 to
2008, he was a post doctoral researcher at the Research Institute for
Comparative Law
at the University of Paris I – Panthéon Sorbonne / Centre
National de Recherche
Scientifique CNRS (www.umrdc.fr; grant awarded by the scientific council
of the City of
Paris) and at the European University Institute of Florence/Fiesole
(www.eui.eu; "Max
Weber" fellowship awarded by the European Commission). He previously
worked as
associate of the international law firm of Baker & McKenzie in
San Francisco and
Geneva where he contributed to the implementation of the firm's WTO
Practice Group.
He also acted as deputy director of a research project on WTO law and
special and
differential treatment in the World Trade Institute of the University
of Berne
(www.wti.org).
Professor Caroline Pauwels of the Vrije
Universiteit Brussel and Dr Jan Loisen,
post-doctoral researcher on the project “Cultural Diversity
and Subsidiarity” at the
Flemish Centre for Foreign Policy (Vlaams Steunpunt Vlaams Buitenlands
Beleid),
contribute to the survey work, questionnaire design and analysis
of the
implementation of the UNESCO Convention in European trade policy
and protocols on
cultural cooperation (EC external relations) Caroline Pauwels is a fulltime professor at the Vrije Universiteit
Brussel – Free
University of Brussels where she teaches communication sciences, media
policy,
European media policy and media economics. She is also the Director
of the Research
centre IBBT-SMIT. She holds a Ph.D. in communication sciences (“Culture
and
economics: the fields of tension of the Community audiovisual policy.
A study on the
limits and opportunities for a qualitative cultural and communications
policy in an
economically integrated Europe. A critical analysis and prospective
evaluation of the
European audiovisual policy”; 1995).
Jan Loisen works as a post-doctoral researcher on the project “Cultural
Diversity and
Subsidiarity” for the Flemish Centre for Foreign Policy, a research
centre performing
policy supporting research for the Department International Flanders
of the Flemish
Government. He earned a Ph.D. in communication sciences from the Vrije
Universiteit
Brussel, Faculty of Arts & Philosophy (“The audiovisual dossier
on the agenda of the
World Trade Organization. An institutional and political economic study
on the tenor,
form and margins of the WTO intervention in audiovisual policy”;
2009).
Dr Teresa Hoefert de Turegano, a practitioner and researcher from
Berlin with solid
professional experience at Eurimages, the European Audiovisual Observatory,
Medienboard Berlin-Brandenburg combined with academic experience on
culture, film,
international politics and developing countries and North-South relations,
provides a
case study based on the ACP Film Fund. This case study informs on and
critically
discusses international funding mechanisms for cultural policies, with
a special focus
on external relations and development questions.
Teresa Hoefert de Turegano is of counsel of Germann Avocats. She works
as a film
funding advisor for the Medienboard Berlin-Brandenburg, Berlin, Germany.
She holds a
Ph.D. from the Graduate Institute of International Studies of the University
of Geneva
in history and international politics (“The Logic of Historical
Knowledge in Images of
Africa: A Case Study of Affiliation in Burkinabè Cinema”;
1997). She is also a Visiting
Lecturer at Université Robert Schuman, Strasbourg (2005-2008)
and at the Institut
d’Etudes Politiques (Master en Politique et gestion de la culture)
of the Universität
Zürich, Film department - Seminar für Filmwissenschaft (2004 – 2005).
Professor Annick Schramme and Sigrid Van
der Auwera of the University
of
Antwerp contribute to the analysis of the implementation of the UNESCO
Convention
in the area of internal policies of the European Union with as special
focus on linguistic
diversity.
Annick Schramme is a professor at the University of Antwerp. She is
academic
coordinator of the master programme on Cultural Management (Faculty
of Applied
Economics) and of the master programme on creative and cultural industries
of the
UA Management School. She specializes in cultural policy and international
cultural
policy. She also acts as advisor to the Alderman for Culture and Tourism
of the city
of Antwerp and as a member of the Commission for the implementation
of the
Cultural Treaty between Flanders and the Netherlands and the Strategic
advisory
group for Culture, Youth, Sport and Media of the Flemish government.
Sigrid Van der Auwera is a Ph.D. candidate
at the University of Antwerp. She
researches on the protection of cultural heritage in conflict areas.
Dr Christophe Germann and Dr
Delia Ferri will take
primary control of the legal
contributions to the study on a cross cutting basis (EC's external
relations and internal
policies, including “new ideas” on civil society, intellectual
property and competition
and cultural genocide).
Delia Ferri is an attorney at law working
as of counsel of Germann Avocats. She is Cultore della materia (Non-tenured
position of Lecturer) in Comparative Constitutional Law at the University
of Verona Law School. She participates to several research projects
in the field of European and Comparative Law. She earned a Ph.D. in
Italian and European Constitutional Law at the University of Verona,
Law School, with focus on cultural law and policies: “La costituzione
culturale dello spazio giuridico europeo” (“The cultural
constitution of Europe”). This doctoral thesis was awarded the
Italian prize “Premio Ettore Gallo 2008”. A refined version
of this thesis was published in 2009. She also holds a degree in law
magna cum laude with a thesis in Constitutional law on Freedom of Arts.
The thesis was awarded “Premio Dugoni 2003”. In 2008, she
was visiting research fellow at European University Institute (Departement
of Law). In 2009 she worked as EU law researcher for the European Foundation
Centre (Brussels).
High level experts from academia discuss
Germann's and Ferri's legal contributions on new
ideas related to the implementation of the UNESCO Convention:
- Professor Ben Kiernan (Yale University; www.yale.edu/gsp/)
regarding cultural
genocide prevention.
- Professor Fiona Macmillan (Birkbeck University of London School
of Law;
www.bbk.ac.uk/law/)
regarding the implications of intellectual property and
competition.
- Professor Jan Aart Scholte (University
of Warwick; www2.warwick.ac.uk/fac/soc/pais/)
regarding
civil society involvement.
Jonathan Henriques of Germann Avocats oversees and manages as
project director
the process of surveys and interviews. The researchers
Andrzej Jakubowski, Sonja
Lipus and Lauren Milden assist her
in this task.
Jonathan Henriques holds degrees in Law (Juris Doctor, Public International
Law
focus) and Anthropology (BS). He has experience working with rural
communities in
East Africa on various development projects; and, he has worked with
civil society
groups in Northern Iraq on a project on constitutionalism in Iraqi
Kurdistan. He was
recently a visiting fellow at the Lauterpacht Centre for International
Law, University
of Cambridge, where he was researching the interrelation of community
empowerment, post-conflict accountability, and institutional reform
in the context of
rule of law promotion in post-conflict settings.
Andrzej Jakubowski is a Ph.D. candidate in law at the European University
Institute,
Florence, and a member of the International Council of Museums (ICOM).
He is
writing a doctoral dissertation on topic of State succession to cultural
heritage,
mainly focused on the post-Cold War developments. He holds degrees
in law (MA)
and art history (MA) from the Warsaw University, and a diploma from
the Fredric G.
Levin College of Law, University of Florida. He gained professional
experiences at
different Polish governmental cultural heritage agencies as well
as in the National
Gallery of Modern Art, Rome, and the Peggy Guggenheim Collection,
Venice. He also
contributed to a study for the European Commission on state aid for
the European
audiovisual industry (2006-2007). Jonathan Henriques also contributes
with a analysis on non-state tribunals and on
monitoring mechanisms for treaty implementation.
Sonja Lipus contributes with a analysis on a pooling mechanism
for intellectual
property rights of cultural expressions resulting from public
funding and on the The U-
40-Capacity Building Program “Cultural Diversity 2030”.
Dr
Lucia Bellucci and Roberto Soprano contribute with a case study
on the WTO
disputes United States versus China — Measures Affecting Trading
Rights and
Distribution Services for Certain Publications and Audiovisual
Entertainment Products
(DS363) and Measures Affecting the Protection and Enforcement
of Intellectual
Property Rights (DS362).
Lucia Bellucci is a Senior Lecturer at the Università degli Studi
di Milano, Law School.
She holds a Ph.D. in Law from the Université Paris 1-Panthéon
Sorbonne and a
Ph.D. in Sociology of Law from the Università degli Studi di Milano.
In addition, she
holds a postgraduate degree in Economics and Management of Cultural
Industries
from the Università Bocconi-SDA, and an undergraduate degree in
law from the
Università di Bologna. Her fields of research are Media Law in
Context (European,
international and comparative with a focus on Film Law), and Law
and Anthropology.
She has published in both fields and presented papers at many international
conferences and workshops. She teaches European Media Law in Context,
Film
Production Law in the EU, and International and European Media
Regulation.
Roberto Soprano is a Ph.D candidate at the University
of Salerno. He holds a Master
of International Law and Economics from the World Trade Institute
in Berne, B.A and
LL.M from the University of Milan and has been visiting fellow
at the Lauterpacht
Centre for International Law at the University of Cambridge.
He has experience
working with the World Bank (PREM), the European Commission (DG
Trade), the
European Central Bank and the Italian Embassy in Saudi Arabia.
His publications
and research interests focus on international economic law and
European law.
Associate Professor Tania Voon of the Melbourne Law
School, University of Melbourne,
contributes with an analysis of
the legal relationship between the UNESCO Convention
and WTO
law.
Tania Voon is a former Legal Officer of the
WTO Appellate Body Secretariat and a graduate of Cambridge University
(PhD in Law), Harvard Law School (LLM), and the University of Melbourne
(LLB, BSc, Grad Dip Intl L). She has previously practised law with Mallesons
Stephen Jaques and the Australian Government Solicitor, and she has taught
law in Australia, Canada and the United States (most recently at Georgetown
Law). She has published widely in the areas of public international law,
preferential trade agreements, WTO dispute settlement, WTO trade remedies,
trade-related aspects of intellectual property rights (TRIPS), and trade
in services. She is the author of Cultural Products and the World Trade
Organization (Cambridge: Cambridge University Press, 2007), a member
of the Editorial Boards of the Journal of International Economic Law
and the Indian Journal of International Economic Law, and a member of
the Indicative List of Governmental and Non-Governmental Panelists for
resolving WTO disputes.
Christine Larsen contributes with a summary on the Århus convention.
Christine Larssen is writing a Ph.D. on the 1998 Århus Convention
on Access to
Information, Public Participation in Decision-Making and Access
to Justice in
Environmental Matters at the Centre de Droit International of the
Université libre de
Bruxelles. She is currently (until September 2010) a Visiting Fellow
at the
Lauterpacht Centre for International Law, Cambridge University.
She studied law at
the Université libre de Bruxelles, where she obtained, in 1999,
the diploma of
Licenciée en droit (magna cum laude, Prix Ganshof van der Meersch).
She has been
specialising in environmental law (regional, national, European
and international)
since 1995, when she started to work for Milieu Ltd., an environmental
law
consultancy. As from 1999 she became an associate lawyer of Milieu
Ltd., designing
and carrying out projects to prepare EU candidate countries for
accession,
undertaking legal research into environmental acquis, and participating
in the
Progress Monitoring of the new member states with regard to their
implementation
of EU environmental law.
The law firm of Germann Avocats advises and represents Swiss, European
and
international corporate enterprises, governmental and non-governmental
organizations and individual entrepreneurs, notably film producers
and publishers, on
key aspects of Swiss, European and international law with a special
focus on
intellectual property law (copyright and trademarks), related contracts,
competition,
cultural policies and international trade regulation. Germann Avocats offers clients expert legal advice, supports
them in negotiations and
represents them in court and in administrative proceedings.
Our strength is our
commitment to find and implement solutions for the complex
legal issues facing our
clients at the European and international levels. For these
purposes, Germann Avocats
works closely with foreign law firms and maintains a solid
network of legal advisers in
academia and practice in various jurisdictions. For further
information, please consult:
www.germann-avocats.com
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