UNIGE document Doctoral Thesis
previous document  unige:125828  next document
add to browser collection
Title

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

Author
Director
Defense Thèse de doctorat : Univ. Genève, 2017 - D. 974 - 2017/08/06
Abstract 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.
Keywords International Trade lawWTO lawCultural lawUNESCO Convention on the Protection and Promotion of the Diversity of Cultural ExpressionLegal CoherenceTrade in Cultural GoodsDispute SettlementInterpretationHarmonizationHard lawMutual SupportivenessSoft law
Identifiers
URN: urn:nbn:ch:unige-1258285
Full text
Thesis (2.3 MB) - private document Private access (until 2024-11-07)
Structures
Citation
(ISO format)
FARTOUSI, Hassan. 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. Université de Genève. Thèse, 2017. doi: 10.13097/archive-ouverte/unige:125828 https://archive-ouverte.unige.ch/unige:125828

187 hits

0 download

Update

Deposited on : 2019-11-11

Export document
Format :
Citation style :