scholarly journals Observations on Trade Law and Globalization

2005 ◽  
Vol 33 (1) ◽  
pp. 103-119
Author(s):  
Sara Dillon

I imagine most people with an interest in the subject have their own working definition of globalization. My definition goes something like this: Globalization is at least in part about the spread of mass markets and common tastes, albeit with variations. International trade law, by reducing the possibility that individual countries can “prefer” their own productions, is one of the mechanisms for facilitating the spread of these common tastes. I am by no means implying that the global tastes are elevated ones; in fact, the mass-appeal products sought might be inferior in many ways to what came before. The irony of the franchise, for instance, is thatbetterorworsedoes not matter—only sameness. The important thing is that the tastes are commonly held across a national-culture-free zone, and recognized as such.

Author(s):  
Voon Tania

This chapter analyses the extent to which international trade law accommodates the export and import control measures that States commonly adopt in order to prevent illicit trade in cultural property in accordance with the 1970 UNESCO Convention. It examines the exception for ‘national treasures’ found in World Trade Organization (WTO) law and other international economic agreements. The definition of cultural property in the relevant UNESCO treaty is not necessarily identical to the meaning of national treasures in WTO law. Moreover, the WTO Appellate Body has shown reluctance to apply non-WTO law in determining WTO disputes, so a conflict between UNESCO and WTO provisions or domestic regulations might not necessarily be resolved as expected. This conclusion provides one example of the limitations of the current Appellate Body approach to international law and suggests, with respect to cultural property, that closer alliance in treaty drafting may be required to enhance coherence.


Sign in / Sign up

Export Citation Format

Share Document