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A Clash of Cultures? The UNESCO Diversity Convention and International Trade Law

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  • Michael Hahn

Abstract

The adoption, on 20 October 2005, of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (Diversity Convention) has returned the limelight to the suitability of World Trade Organization (WTO) rules for cultural products. This article shows that the Diversity Convention, while an important step towards the recognition of cultural diversity as an internationally recognized public choice of states, does not affect the rights and obligations of WTO Members as such. The original purpose of the Convention was to create a safe haven for cultural policies and protect them from WTO disciplines. However, the central operative provision for bringing about the desired shielding effect for domestic policies safeguarding national cultural industries against foreign competition, its now-article 20, while making a general claim to non-subordination in paragraph 1, modifies this broad statement in paragraph 2 so as to only apply to treaties concluded at the same time or later. The article explores how to avoid or minimize an undesirable incongruence between liberal trade rules and the right of states to protect shelf-space for domestically produced cultural products. Copyright 2006, Oxford University Press.

Suggested Citation

  • Michael Hahn, 2006. "A Clash of Cultures? The UNESCO Diversity Convention and International Trade Law," Journal of International Economic Law, Oxford University Press, vol. 9(3), pages 515-552, September.
    • Handle: RePEc:oup:jieclw:v:9:y:2006:i:3:p:515-552
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    Cited by:

    1. Cellini, Roberto & Paolino, Alessandro, 2007. "Price of recreational products and the exchange rate: an empirical investigation on US data," MPRA Paper 5194, University Library of Munich, Germany.
    2. Naoto Jinji & Ayumu Tanaka, 2020. "How does UNESCO’s Convention on Cultural Diversity affect trade in cultural goods?," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 44(4), pages 625-660, December.
    3. Joe Cox, 2008. "Purchasing power parity and cultural convergence: evidence from the global video games market," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 32(3), pages 201-214, September.
    4. Fartousi, Hassan, 2023. "A Portrait of Trade in Cultural Goods: in respect of the WTO and the UNESCO Instruments in the Context of Hard-Law and Soft-Law," Papers 1410, World Trade Institute.
    5. Alicja Jagielska-Burduk & Mateusz Pszczyński & Piotr Stec, 2021. "Cultural Heritage Education in UNESCO Cultural Conventions," Sustainability, MDPI, vol. 13(6), pages 1-15, March.

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