Liaisons Dangereuses: The UNESCO Convention on Cultural Diversity and the WTO
Aedon Rivista di Arti e Diritto Online, il Mulino, No. 3, 2011
11 Pages Posted: 18 Apr 2012 Last revised: 5 May 2012
Date Written: 2011
Abstract
The UNESCO Convention on cultural diversity and WTO law intersect on many points. These might turn into conflicts, since the first instrument aims at protecting culture even against economic and trade interests, which the second promotes. No provision of the Convention is specifically dedicated to the relationships with the WTO.
Difficulties can be provoked by the two dispute settlement mechanisms which could be activated on the same issue and result in incompatible decisions. More generally, the UNESCO Convention allows for a host of subsidies and measures to protect cultural expressions, whereas the WTO strictly regulates both.
Solutions can be found through the general exceptions under the GATT/GATS. Yet, the most promising way forward is arguably an interpretation of WTO law consistent with other norms of international law. Moreover, the activity of Convention institutions can develop consistent practices and engage in dialogue with WTO organs, for example by the means of an amicus curiae in relevant WTO proceedings.
Note: Downloadable document is in Italian.
Keywords: WTO, UNESCO, convention on the protection and promotion of cultural diversity, GATT general exceptions, consistent interpretation
JEL Classification: K33
Suggested Citation: Suggested Citation