The Protection and Promotion of Cultural Diversity at the International Level

Burri, Mira (2010). The Protection and Promotion of Cultural Diversity at the International Level (NCCR Trade Working Paper 2009/10). New York: NCCR Trade Regulation

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The Convention on the Protection and Promotion of the Diversity of Cultural Expressions, adopted under the auspices of the United Nations Educational, Cultural and Scientific Organization (UNESCO) in 2005, entered into force on 18 March 2007 after an incredibly swift ratification process. The Convention is the culmination of multiple-track efforts that spread over many years with the objective of providing a binding instrument for the protection and promotion of cultural diversity at the international level. These efforts, admirable as they may be, are not however isolated undertakings of goodwill, but a reaction to economic globalisation, whose advancement has been significantly furthered by the emergence of enforceable multilateral trade rules. These very rules, whose bearer is the World Trade Organization (WTO), have been perceived as the antipode to "culture" and have commanded the formulation of counteracting norms that may sufficiently "protect" and "promote" it. Against this backdrop of institutional tension and fragmentation, the present chapter explicates the emergence of the concept of cultural diversity on the international policy- and law-making scene and its legal dimensions given by the new UNESCO Convention. It critically analyses the Convention's provisions, in particular the rights and obligations of the State Parties, and asks whether indeed the UNESCO Convention provides a sufficient and appropriate basis for the protection and promotion of a thriving and diverse cultural environment.

Item Type:

Working Paper

Division/Institute:

02 Faculty of Law > Department of Economic Law > World Trade Institute
10 Strategic Research Centers > World Trade Institute

02 Faculty of Law > Department of Economic Law > NCCR International Trade Regulation
02 Faculty of Law > Department of Economic Law > Institute of European and International Economic Law

UniBE Contributor:

Burri, Mira

Subjects:

300 Social sciences, sociology & anthropology > 340 Law

ISBN:

978-1-60876-203-3

Series:

NCCR Trade Working Paper

Publisher:

NCCR Trade Regulation

Language:

English

Submitter:

Tihomira Burri

Date Deposited:

01 Sep 2014 16:46

Last Modified:

31 May 2017 10:48

BORIS DOI:

10.7892/boris.51544

URI:

https://boris.unibe.ch/id/eprint/51544

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