en
Doctoral thesis
English

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

ContributorsFartousi, Hassan
Defense date2017-08-06
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.

eng
Keywords
  • 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
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. 2017. doi: 10.13097/archive-ouverte/unige:125828
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Thesis
accessLevelPrivateaccessLevelRestricted 11/07/2024
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Creation11/07/2019 7:17:00 PM
First validation11/07/2019 7:17:00 PM
Update time03/15/2023 6:18:54 PM
Status update03/15/2023 6:18:53 PM
Last indexation01/29/2024 10:03:19 PM
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