In this contribution, I shall argue that the Convention on the Protection and Promotion of the Diversity of Cultural Expressions, that the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO) approved on 20 October 2005, is, in fact, no real convention at all. In my opinion, this instrument is rather a mere declaration that has almost no legal effect beyond what the UNESCO Declaration on cultural diversity already achieved in 2001. This leads me to advocate that cultural diversity requires fair international trade and competition that would restrain unjustifiable protectionism from both public and private sources. In this context, I shall explain why the World Trade Organization (WTO) needs today a real competitor in the field of trade related culture (typically films, music, books etc.) that would promote cultural diversity on a level playing field.

Christophe Germann 'Towards a Cultural Contract to counter trade related cultural discrimination - "Cultural Treatment" and "Most-Favoured-Culture" to promote cultural diversity vis-a-vis international trade regulations' in Nina Obuljen and Joost Smiers (eds) UNESCO Convention on the protection and promotion of the diversity of cultural expressions - Making it work (Culturelink, Zagreb 2006), 60 pages.