Cultural Products And The World Trade Organization

Debate about trade and culture has a long history, but the application of WTO rules to cultural products such as films, radio, and books remains one of the most divisive issues in the organization. After assessing the economic and social arguments for treating cultural products differently from things like steel or wheat, this 2007 book explains how the vastly different views of WTO members in earlier negotiations led to an outcome that is disappointing for all. It goes on to provide a comprehensive evaluation of possible solutions, including evolution of the law through WTO dispute settlement, an agreement outside the WTO, and reforms to improve the balance between trade liberalization and cultural policy objectives.

Twenty-five questions and answers to explore key concepts and ideas related to culture and trade and its potential for development. The purpose is to provide a basic overview of the multilateral trade agreements that regulate global flows of cultural goodsand services, the institutions that oversee their implementation and their eventual impact on the development of domestic cultural industries.

As the first exporter of cultural goods and services, the United States has long held that such products should be treated like any other merchandise and be liberalized. On the other hand, for countries such as France and Canada who are concerned about the impact of economic globalization and the digital revolution on their cultural identity, cultural products should be exempted from economic liberalization or subject to a cultural exception. conflicting views and interests between states as to the treatment of cultural products in international economic law lie at the hearth of the trade and culture debate. These differences have led to serious tensions over the liberalization of cultural services within the World Trade Organization, as well as to a Convention within UNESCO to recognize the economic and cultural character of cultural products and the states’ right to pursue cultural policies. With most states still not keen on liberalizing the cultural sector and the stalemate in the Doha Round, the United States has turned to preferential trade agreements to secure its policy preferences on the treatment of cultural products. Since the beginning of the twenty-first century, the US government has concluded eleven trade agreements grouping sixteen countries and has been involved in three sets of plurilateral negotiations, with major implications for the evolution of the trade and culture debate.

Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Has an international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the ‘clash of cultures’ between international law and international cultural law, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture–related cases; the interplay between indigenous peoples' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law.

This book attempts to reconcile the concept of free trade with a key non-trade social value - cultural diversity - in an era of economic globalisation. It first shows how we can look at culture in many different ways, and explains why we should care about cultural diversity. The book then examines the challenges that policymakers are faced with in formulating cultural measures in the new media environment, and analyses UNESCO's theories and approaches to cultural diversity. This is followed by a comprehensive examination of the treatment of 'culture' in global and regional trade agreements, including the framework of the GATT/WTO system, the WTO's judicial practice involving cultural products, and the treatment of culture under the EC/EU and NAFTA. This identifies the challenges trade norms encounter in dealing with cultural products. The author seeks to formulate a balanced view of the challenge of protecting and promoting cultural diversity while also recognising the important goal of trade liberalisation. To this end Professor Shi proposes a dual method through which the norms found in WTO agreements and in UNESCO cultural instruments may be brought into alignment: the first highlighting the compatibility of cultural policy measures with trade obligations on a domestic level, the second suggesting potential linkages between the WTO rules and the UNESCO Convention from the perspectives of treaty interpretation.

Containing state-of-the-art contributions on the various domains of European media policies, this Handbook deals with theoretical approaches to European media policy: its historical development; specific policies for film, television, radio and the Internet; and international aspects of the fragmented policy domain.

This comprehensive account of the establishment of the WTO focuses on those who shaped its creation as well as those who have influenced its evolution. It also examines trade negotiations, the WTO's dispute settlement role, the process of joining, and what lies ahead for the organization.