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

See all articles by Giuseppe Bianco

Giuseppe Bianco

University of Oslo; Université Paris 1 Panthéon-Sorbonne

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

Bianco, Giuseppe, Liaisons Dangereuses: The UNESCO Convention on Cultural Diversity and the WTO (2011). Aedon Rivista di Arti e Diritto Online, il Mulino, No. 3, 2011, Available at SSRN: https://ssrn.com/abstract=2041234

Giuseppe Bianco (Contact Author)

University of Oslo ( email )

Karl Johansgate 47
Oslo, 0162
Norway

HOME PAGE: http://www.jus.uio.no/?vrtx=person-view&uid=guiseppb&lang=en

Université Paris 1 Panthéon-Sorbonne ( email )

12 Place du Panthéon
Paris, 75005
France

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