The single most important of the conditions for the availability of the exception is that the quotation be ‘compatible with fair practice’. As noted in Chapter 2, it was the introduction of the concept of fair practice that enabled the parties to agree on a quotation exception. Previous attempts to reach an international consensus, which had sought to limit quotation by reference to type of work, extent of taking or purpose had failed to provide a sufficiently flexible criterion. The concept of ‘fair practice’ (or ‘bons usages’) proved the magic solution.

Until now, the international legal norm created by Article 10(1) Berne has been relatively dormant and its potential overlooked by scholars, policymakers, judges, practitioners and legislatures: it is now time to harness its potential in the shaping of permitted uses of copyright material. Moreover, despite its clear terms, only a minority of national legal systems have implemented Article 10(1) in full.

Pan-Americanism’s promotion of liberal internationalism and pan-Africanism’s appeals to transnational solidarity among African people(s) provided useful frames for critics of non-interference to make it the subject of debate. I argue that the content and political salience of pan-Americanism & pan-Africanism empowered – or even inspired – critics of non-interference in these regions. In this chapter I offer a long-term account of the (uneven) erosion of non-interference at the regional level in the global South, an account centering on the contestedness of this norm within the OAS and OAU compared to ASEAN during the Cold War period. This contestation (at the level of discourse) contributed over time to norm erosion (at the level of law and practice). Pan-Asianism did not serve the same function. Since non-interference was less contested in Southeast Asia (and not on these grounds), it was therefore more robust or resilient over time. Because of the history of norm contestation and erosion, the three regional groupings arrived at the 1980s with different normative priors. This meant that Latin America and Africa were more amenable to the intrusive regionalism trend than was Southeast Asia.