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Cultural Diversity and International Law

This contribution provides an overview of the concept "cultural diversity" in international law. The first part is dedicated to the never-ending quest to give meaning to cultural diversity, and it is argued that the contemporary international definition of culture as a "way of life" is necessary to give recognition to the varied ways in which culture can be seen globally. An open-ended definition of culture and, more specifically, cultural diversity is sensible in the light of the fact that States needs to interpret the concept in accordance with domestic needs. The second part of the contribution is a short historical overview of the development of the concept of cultural diversity in international law. UNESCO, an international organisation established by the UN, is the main body responsible for fostering cultural diversity. It was originally set up to counter wars that transpired as a result of ignorance of cultural differences between people, most notably against the background of the Second World War. Historical facts reveal that cultural diversity has evolved from differences between mere external practices (works of art) to an all-encompassing concept referring to all manifestations of cultural differences. In this regard, UNESCO's policies commenced with the exchange of cultural knowledge with the purpose of sensitising the international community to cultural differences. In line with global demands and developments its policies developed over the years to acquire other dimensions, including politics, human rights, sustainable development, democracy, and knowledge interchanges. The third part of the contribution goes over the main points of the 2009 UNESCO World Report, a trendsetting document aiming to put into practice what have been only theoretical discussions thus far. Before the concluding remarks are made, the fourth part presents a sample of the most important international instruments pertaining to culture and cultural diversity.