Routes and approaches to Legal Coherence between the WTO Agreement and the UNESCO convention on the protection and promotion of the diversity of cultural expressions regarding trade in cultural goods

Diplôme Thèse Routes and approaches to Legal Coherence between the WTO Agreement and the UNESCO convention on the protection and promotion of the diversity of cultural expressions regarding trade in cultural goods eng 2017-08-06 author Fartousi Hassan 717547 director Marceau Gabrielle Zoe 133814 10.13097/archive-ouverte/unige:125828 urn:nbn:ch:unige-1258285 D. 974 This research focused on the interactions between the provisions, institutions and practices of the WTO Agreement and UNESCO CDCE on trade in cultural goods. It examines potential conflicts between the two agreements including incoherence between their dispute resolution mechanisms. It proposes three routes to enhance legal coherence between the rules of the WTO Agreement and the UNESCO CDCE: Improved Interpretation, Harmonization through Hard law, and Mutual Supportiveness through Soft law. This thesis has found and illustrated several feasible solutions, with various levels of utility and practicability, for the problem of fragmentation between the WTO's rules for the international trading regime, and specific UNESCO rules that States have adopted to enhance cultural diversity. In conclusion, the Mutual Supportiveness through Soft is the best route for stability and legitimacy of the international legal order and enhance coherence between the WTO Agreement and the UNESCO CDCE. International Trade law WTO law Cultural law UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expression Legal Coherence Trade in Cultural Goods Dispute Settlement Interpretation Harmonization Hard law Mutual Supportiveness Soft law Dewey 341 98 Département de droit international public et organisation internationale 5E false a7dbc38d-906b-4c31-b3e1-604e55bd2012 Thesis Restricted FARTOUSIThesis.pdf 2368108 application/pdf Private 2024-11-07 822085dd98e056777bea0e33743fe17271641922949ec2faf4a983beb6367b01 restrictedAccess Faculté de droit / Département de droit international public et organisation internationale

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Routes and approaches to Legal Coherence between the WTO Agreement and the UNESCO convention on the protection and promotion of the diversity of cultural expressions regarding trade in cultural goods				2017	697	1

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Fartousi, Hassan