A Modest Referee: Measuring the UNESCO CCD’S Effect on Culture and Free Trade Agreement Negotiation

The purpose of this research is to assess the effectiveness of the UNESCO Convention on the Protection and Promotion of Diversity of Cultural Expressions (CCD) as a trade instrument intended to protect local culture and cultural industries from free market influences. Much previous writing has pointed out flaws or weaknesses in its legal language and structure; few studies have been carried out on the way it has been cited and employed in actual trade negotiations and disputes. Through a recount of the its history, a close read of the original document of the CCD itself, and a case-study examination of two recently signed free trade agreements and a concluded international trade dispute, this research paper will show that the ways in which this nearly 15-year-old document has been employed does not quite live up to its intended purpose. Keywords: cultural policy, free trade, UNESCO CCD, culture and trade disputes, cultural diplomacy, CETA, CPTPP