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Five the Unesco Convention for Theprotection and Promotion of the Diversity of Cultural Expressions

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Chapter Summary

After WWII, the international community made efforts to establish international legal frameworks for the liberalization of trade. Negotiations started in order to establish what would have become the International Trade Organization. The outcome of the negotiations, the Havana Charter, contained a reference to the early tension between trade and culture. According to paragraph 2 of the Article XIX (1) of GATS, the "process of liberalization shall take place with due respect for national policy objectives and the level of development of individual Members, both overall and in individual sectors." The new UNESCO Convention for the Protection and Promotion of the Diversity of Cultural Expressions could be considered as an instrument for this purpose. This chapter aims at describing the background of this new UNESCO Convention to facilitate analysis of the Convention text and providing with some possible interpretations of key provisions.

Keywords: cultural diversity; General Agreement on Trade in Services (GATS); Havana Charter; International Trade Organization; trade liberalization; UNESCO Convention



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