Bulletin n. 1/2008
May 2008
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Wouters Jan, de Meester Bart
    The UNESCO Convention on Cultural Diversity and WTO Law: A Case Study in Fragmentation of International Law
    in Journal of World Trade , Volume 42 Issue 1 ,  2008 ,  205-240
    This article examines whether the UNESCO Convention on Cultural Diversity can be reconciled with the World Trade Organization (WTO) agreements by using existing techniques that deal with fragmentation of international law. It is argued that, although principles of interpretation and conflict clauses may help to ease tensions, they will never provide a full solution to this, in essence political, process of balancing values. Provisions calling for reliance on the Convention when applying other treaties are useful in protecting cultural diversity. Yet, it is highly uncertain whether WTO panels and the Appellate Body will be willing to consider the Convention as a tool for interpreting WTO provisions. It may have been a missed chance not to give a clear voice to UNESCO in the field of cultural diversity and not to establish a formalized “consultative link” between UNESCO and the WTO.
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