The Geneva based law firm Germann Avocats and its multidisciplinary research team
completed the study for the European Parliament's Committee on Culture and
Education (tender procedure IP/B/CULT/IC/2009-057). The overall objective of this
study is to provide a summary of the state of implementation of the UNESCO
Convention on the Protection and Promotion of the Diversity of Cultural Expressions of
2005, in particular in fields where the European Community would be expected to
provide leadership or coordination.


Dr Christophe Germann takes overall responsibility for the delivery of this Study to
the European Parliament.

Christophe Germann is an attorney at law admitted to the bar of Geneva and
authorized to practise in Switzerland and in the European Union. He holds a Ph.D. from
the University of Berne Law School addressing cultural diversity and international trade
laws and policies (“Diversité culturelle et libre-échange à la lumière du cinéma”). In
2009-10, Christophe Germann worked as a visiting research affiliate at the Lauterpacht
Centre for International Law at the University of Cambridge ( and
at the Genocide Studies Program at the Whitney and Betty MacMillan Center for
International and Area Studies at Yale University ( This research
will result in a habilitation thesis on cultural genocide in international law. In 2006 to
2008, he was a post doctoral researcher at the Research Institute for Comparative Law
at the University of Paris I – Panthéon Sorbonne / Centre National de Recherche
Scientifique CNRS (; grant awarded by the scientific council of the City of
Paris) and at the European University Institute of Florence/Fiesole (; "Max
Weber" fellowship awarded by the European Commission). He previously worked as
associate of the international law firm of Baker & McKenzie in San Francisco and
Geneva where he contributed to the implementation of the firm's WTO Practice Group.
He also acted as deputy director of a research project on WTO law and special and
differential treatment in the World Trade Institute of the University of Berne


Professor Caroline Pauwels of the Vrije Universiteit Brussel and Dr Jan Loisen,
post-doctoral researcher on the project “Cultural Diversity and Subsidiarity” at the
Flemish Centre for Foreign Policy (Vlaams Steunpunt Vlaams Buitenlands Beleid),
contribute to the survey work, questionnaire design and analysis of the
implementation of the UNESCO Convention in European trade policy and protocols on
cultural cooperation (EC external relations)

Caroline Pauwels is a fulltime professor at the Vrije Universiteit Brussel – Free
University of Brussels where she teaches communication sciences, media policy,
European media policy and media economics. She is also the Director of the Research
centre IBBT-SMIT. She holds a Ph.D. in communication sciences (“Culture and
economics: the fields of tension of the Community audiovisual policy. A study on the
limits and opportunities for a qualitative cultural and communications policy in an
economically integrated Europe. A critical analysis and prospective evaluation of the
European audiovisual policy”; 1995).

Jan Loisen works as a post-doctoral researcher on the project “Cultural Diversity and
Subsidiarity” for the Flemish Centre for Foreign Policy, a research centre performing
policy supporting research for the Department International Flanders of the Flemish
Government. He earned a Ph.D. in communication sciences from the Vrije Universiteit
Brussel, Faculty of Arts & Philosophy (“The audiovisual dossier on the agenda of the
World Trade Organization. An institutional and political economic study on the tenor,
form and margins of the WTO intervention in audiovisual policy”; 2009).


Dr Teresa Hoefert de Turegano, a practitioner and researcher from Berlin with solid
professional experience at Eurimages, the European Audiovisual Observatory,
Medienboard Berlin-Brandenburg combined with academic experience on culture, film,
international politics and developing countries and North-South relations, provides a
case study based on the ACP Film Fund. This case study informs on and critically
discusses international funding mechanisms for cultural policies, with a special focus
on external relations and development questions.

Teresa Hoefert de Turegano is of counsel of Germann Avocats. She works as a film
funding advisor for the Medienboard Berlin-Brandenburg, Berlin, Germany. She holds a
Ph.D. from the Graduate Institute of International Studies of the University of Geneva
in history and international politics (“The Logic of Historical Knowledge in Images of
Africa: A Case Study of Affiliation in Burkinabè Cinema”; 1997). She is also a Visiting
Lecturer at Université Robert Schuman, Strasbourg (2005-2008) and at the Institut
d’Etudes Politiques (Master en Politique et gestion de la culture) of the Universität
Zürich, Film department - Seminar für Filmwissenschaft (2004 – 2005).


Professor Annick Schramme and Sigrid Van der Auwera of the University of
Antwerp contribute to the analysis of the implementation of the UNESCO Convention
in the area of internal policies of the European Union with as special focus on linguistic

Annick Schramme is a professor at the University of Antwerp. She is academic
coordinator of the master programme on Cultural Management (Faculty of Applied
Economics) and of the master programme on creative and cultural industries of the
UA Management School. She specializes in cultural policy and international cultural
policy. She also acts as advisor to the Alderman for Culture and Tourism of the city
of Antwerp and as a member of the Commission for the implementation of the
Cultural Treaty between Flanders and the Netherlands and the Strategic advisory
group for Culture, Youth, Sport and Media of the Flemish government.

Sigrid Van der Auwera is a Ph.D. candidate at the University of Antwerp. She
researches on the protection of cultural heritage in conflict areas.


Dr Christophe Germann and Dr Delia Ferri will take primary control of the legal
contributions to the study on a cross cutting basis (EC's external relations and internal
policies, including “new ideas” on civil society, intellectual property and competition
and cultural genocide).

Delia Ferri is an attorney at law working as of counsel of Germann Avocats. She is Cultore della materia (Non-tenured position of Lecturer) in Comparative Constitutional Law at the University of Verona Law School. She participates to several research projects in the field of European and Comparative Law. She earned a Ph.D. in Italian and European Constitutional Law at the University of Verona, Law School, with focus on cultural law and policies: “La costituzione culturale dello spazio giuridico europeo” (“The cultural constitution of Europe”). This doctoral thesis was awarded the Italian prize “Premio Ettore Gallo 2008”. A refined version of this thesis was published in 2009. She also holds a degree in law magna cum laude with a thesis in Constitutional law on Freedom of Arts. The thesis was awarded “Premio Dugoni 2003”. In 2008, she was visiting research fellow at European University Institute (Departement of Law). In 2009 she worked as EU law researcher for the European Foundation Centre (Brussels).


High level experts from academia discuss Germann's and Ferri's legal contributions on new
ideas related to the implementation of the UNESCO Convention:

  • Professor Ben Kiernan (Yale University; regarding cultural
    genocide prevention.
  • Professor Fiona Macmillan (Birkbeck University of London School of Law; regarding the implications of intellectual property and
  • Professor Jan Aart Scholte (University of Warwick;
    regarding civil society involvement.

Jonathan Henriques of Germann Avocats oversees and manages as project director
the process of surveys and interviews. The researchers Andrzej Jakubowski, Sonja
and Lauren Milden assist her in this task.

Jonathan Henriques holds degrees in Law (Juris Doctor, Public International Law
focus) and Anthropology (BS). He has experience working with rural communities in
East Africa on various development projects; and, he has worked with civil society
groups in Northern Iraq on a project on constitutionalism in Iraqi Kurdistan. He was
recently a visiting fellow at the Lauterpacht Centre for International Law, University
of Cambridge, where he was researching the interrelation of community
empowerment, post-conflict accountability, and institutional reform in the context of
rule of law promotion in post-conflict settings.

Andrzej Jakubowski is a Ph.D. candidate in law at the European University Institute,
Florence, and a member of the International Council of Museums (ICOM). He is
writing a doctoral dissertation on topic of State succession to cultural heritage,
mainly focused on the post-Cold War developments. He holds degrees in law (MA)
and art history (MA) from the Warsaw University, and a diploma from the Fredric G.
Levin College of Law, University of Florida. He gained professional experiences at
different Polish governmental cultural heritage agencies as well as in the National
Gallery of Modern Art, Rome, and the Peggy Guggenheim Collection, Venice. He also
contributed to a study for the European Commission on state aid for the European
audiovisual industry (2006-2007).

Jonathan Henriques also contributes with a analysis on non-state tribunals and on
monitoring mechanisms for treaty implementation.

Sonja Lipus contributes with a analysis on a pooling mechanism for intellectual
property rights of cultural expressions resulting from public funding and on the The U-
40-Capacity Building Program “Cultural Diversity 2030”.


Dr Lucia Bellucci and Roberto Soprano contribute with a case study on the WTO
disputes United States versus China — Measures Affecting Trading Rights and
Distribution Services for Certain Publications and Audiovisual Entertainment Products
(DS363) and Measures Affecting the Protection and Enforcement of Intellectual
Property Rights (DS362).

Lucia Bellucci is a Senior Lecturer at the Università degli Studi di Milano, Law School.
She holds a Ph.D. in Law from the Université Paris 1-Panthéon Sorbonne and a
Ph.D. in Sociology of Law from the Università degli Studi di Milano. In addition, she
holds a postgraduate degree in Economics and Management of Cultural Industries
from the Università Bocconi-SDA, and an undergraduate degree in law from the
Università di Bologna. Her fields of research are Media Law in Context (European,
international and comparative with a focus on Film Law), and Law and Anthropology.
She has published in both fields and presented papers at many international
conferences and workshops. She teaches European Media Law in Context, Film
Production Law in the EU, and International and European Media Regulation.

Roberto Soprano is a Ph.D candidate at the University of Salerno. He holds a Master
of International Law and Economics from the World Trade Institute in Berne, B.A and
LL.M from the University of Milan and has been visiting fellow at the Lauterpacht
Centre for International Law at the University of Cambridge. He has experience
working with the World Bank (PREM), the European Commission (DG Trade), the
European Central Bank and the Italian Embassy in Saudi Arabia. His publications
and research interests focus on international economic law and European law.


Associate Professor Tania Voon of the Melbourne Law School, University of Melbourne,
contributes with an analysis of the legal relationship between the UNESCO Convention
and WTO law.

Tania Voon is a former Legal Officer of the WTO Appellate Body Secretariat and a graduate of Cambridge University (PhD in Law), Harvard Law School (LLM), and the University of Melbourne (LLB, BSc, Grad Dip Intl L). She has previously practised law with Mallesons Stephen Jaques and the Australian Government Solicitor, and she has taught law in Australia, Canada and the United States (most recently at Georgetown Law). She has published widely in the areas of public international law, preferential trade agreements, WTO dispute settlement, WTO trade remedies, trade-related aspects of intellectual property rights (TRIPS), and trade in services. She is the author of Cultural Products and the World Trade Organization (Cambridge: Cambridge University Press, 2007), a member of the Editorial Boards of the Journal of International Economic Law and the Indian Journal of International Economic Law, and a member of the Indicative List of Governmental and Non-Governmental Panelists for resolving WTO disputes.


Christine Larsen contributes with a summary on the Århus convention.

Christine Larssen is writing a Ph.D. on the 1998 Århus Convention on Access to
Information, Public Participation in Decision-Making and Access to Justice in
Environmental Matters at the Centre de Droit International of the Université libre de
Bruxelles. She is currently (until September 2010) a Visiting Fellow at the
Lauterpacht Centre for International Law, Cambridge University. She studied law at
the Université libre de Bruxelles, where she obtained, in 1999, the diploma of
Licenciée en droit (magna cum laude, Prix Ganshof van der Meersch). She has been
specialising in environmental law (regional, national, European and international)
since 1995, when she started to work for Milieu Ltd., an environmental law
consultancy. As from 1999 she became an associate lawyer of Milieu Ltd., designing
and carrying out projects to prepare EU candidate countries for accession,
undertaking legal research into environmental acquis, and participating in the
Progress Monitoring of the new member states with regard to their implementation
of EU environmental law.


The law firm of Germann Avocats advises and represents Swiss, European and
international corporate enterprises, governmental and non-governmental
organizations and individual entrepreneurs, notably film producers and publishers, on
key aspects of Swiss, European and international law with a special focus on
intellectual property law (copyright and trademarks), related contracts, competition,
cultural policies and international trade regulation.

Germann Avocats offers clients expert legal advice, supports them in negotiations and
represents them in court and in administrative proceedings. Our strength is our
commitment to find and implement solutions for the complex legal issues facing our
clients at the European and international levels. For these purposes, Germann Avocats
works closely with foreign law firms and maintains a solid network of legal advisers in
academia and practice in various jurisdictions. For further information, please consult:


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