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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.
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.
The History and Future of the World Trade Organization is a comprehensive account of the economic, political and legal issues surrounding the creation of the WTO and its evolution. Fully illustrated with colour and black-and-white photos dating back to the early days of trade negotiations, the publication reviews the WTO's achievements as well as the challenges faced by the organisation, and identifies the key questions that WTO members need to address in the future. The book describes the intellectual roots of the trading system, membership of the WTO and the growth of the Geneva trade community, trade negotiations and the development of coalitions among the membership, and the WTO's relations with other international organisations and civil society. Also covered are the organisation's robust dispute settlement rules, the launch and evolution of the Doha Round, the rise of regional trade agreements, and the leadership and management of the WTO.
Digital technologies have transformed the way many creative works are generated, disseminated and used. They have made cultural products more accessible, challenged established business models and the copyright system, and blurred the boundary between
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.
Governments that seek to liberalize trade can find that doing so is often in tension with their desire to achieve the objectives of cultural policy. This is because measures like local content requirements can seem like discriminatory practices when viewed through the lens of trade liberalization. This tension has prompted a long-standing debate, with great variation in how countries have approached it. Trade and Culture: The Ongoing Debate explores this variation across geographic space. It also seeks to explain the evolution in these various policies over time. Policies are not static, largely due to domestic politics, shifts in the international trading system and technological developments. The chapters in this volume explore the different approaches to the trade and culture debate and provide an up-to-date look at current versions of these policies in Canada, the European Union, South Africa, Latin America, South Korea, the United States and China. This book will be of great value to scholars and researchers interested in cultural policies and the politics of international trade. This book was originally published as a special issue of the International Journal of Cultural Policy.
This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.
This is primarily a textbook for graduate and upper-level undergraduate students of law. However, practising lawyers and policy-makers who are looking for an introduction to WTO law will also find it invaluable. The book covers both the institutional and substantive law of the WTO. While the treatment of the law is often quite detailed, the main aim of this textbook is to make clear the basic principles and underlying logic of WTO law and the world trading system. Each section contains questions and assignments, to allow students to assess their understanding and develop useful practical skills. At the end of each chapter there is a helpful summary, as well as an exercise on specific, true-to-life international trade problems.
The legal, institutional and policy cultures of international human rights law and of international trade, financial and investment law have developed largely in isolation from one another. At the same time, as a matter of international law, both the International Covenant on Economic, Social and Economic Rights (ICESCR) and the World Trade Organization (WTO) are, in the first instance, treaty regimes. Treaty norms in the ICESCR have an equal legal status to those in the WTO. A large majority of states are signatories to both the core WTO treaties (the so-called Covered Agreements) and the ICESCR. Reconstructing globalization on the basis of a human rights consciousness, and in particular with a view to fully realizing the vision of the ICESCR is a daunting task, which would need to engage many policy disciplines and many institutions. A short to medium term strategy is needed to identify some fairly precise and specific interconnections between the legal concepts and doctrines in the treaty texts of both regimes. As international lawyers whose collective expertise extends across both regimes, the authors conceive the challenge as a legal question of the interaction of treaty norms. The authors focus on those aspects of economic, social and cultural rights that are most directly linked to human security, a fundamental value also acknowledged in various ways in the WTO Agreements and their interpretation. Accordingly, they examine aspects of the right to work, the right to health and the right to food and the impact of WTO rules and their interpretation..