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Introduction: Draft Convention on Cultural Diversity
The Steering Committee of the INCD is pleased to
provide the attached Draft Convention on Cultural Diversity, prepared by Canadian trade lawyer Steven Shrybman. The Convention translates into the terms of a binding international treaty
on cultural diversity, the principles and concepts endorsed by the membership of the INCD at meetings held in Santorini, Greece in 2000 and Lucerne, Switzerland in 2001. In addition
to a preamble, it sets out 20 substantive provisions dealing with the key elements of such a treaty, including rules concerning trade in cultural goods, and investment in providing
cultural services.
On two key questions: 1) the compliance mechanism the Convention would adopt; and 2) the approach to resolving potential conflicts with international trade and
investment agreements, no specific draft provisions have been proposed. While the members of the INCD are agreed these issues need to be addressed by the Convention, a further
discussion of the general approaches for doing so is required to narrow the available options. Accordingly, we have attached a broad overview of several of the ways in which these
two challenges might be addressed. It is not intended to be exhaustive, so please feel free to augment the list of options if you choose.
We believe this Draft Convention
represents an important step forward in the goal of preserving and enhancing cultural diversity. We hope you can find the time in your busy schedule to give this the serious
attention it deserves.
The Draft is being circulated to the members of the INCD for consideration, discussion and feedback. We are looking forward to receiving your
response, which should be sent electronically to incd@ccarts.ca or by mail to the address below.
The final version will be presented and approved at the Third Annual Meeting
of the INCD to be held in Cape Town, South Africa October 11-13, 2002.
INCD, Steering Committee Draft Convention ... click here
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