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Free Trade and Cultural Diversity in International Law

By: Jingxia Shi
Media of Free Trade and Cultural Diversity in International Law
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Published: 30-04-2013
Format: Hardback
Edition: 1st
Extent: 360
ISBN: 9781849464253
Imprint: Hart Publishing
Series: Studies in International Trade and Investment Law
Dimensions: 234 x 156 mm
RRP: £70.00
Online price : £63.00
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Loren Epson

About Free Trade and Cultural Diversity in 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.

Table Of Contents

1 Introduction: Globalisation as the Context
1.1 Globalisation and Culture
1.2 Globalisation and Trade
1.3 Raising the Issue: Globalisation, Culture and Trade
1.4 The Structure of the Book

2 Culture and Cultures in Comparative Perspectives: Towards a Synthesis
2.1 Introduction
2.2 Humanist: Culture as 'The Best of Everything'
2.3 An Anthropological View: We Are Our Culture
2.4 Culture as Identity: Centering on Identity Crisis
2.5 Culture as Commerce: The Perspective of Cultural Economic Interests
2.6 Culture as Human Rights: Revisiting Cultural Rights
2.7 Culture as Resource: A Sustainability Perspective
2.8 Chapter Recap and Further Reflections

3 Domestic Cultural Policy and Measures: The Case of the Audiovisual Sector
3.1 Introduction
3.2 An Overview of Cultural Policies and Measures
3.3 Foreign Ownership Restriction
3.4. Local Content Regulations
3.5 Subsidies and Tax Concessions
3.6 Other Cultural Policies and Measures
3.7 Protective Policies versus Effi cient Regulation?
3.8 Conclusion

4 UNESCO and Cultural Diversity: Theories and Approaches
4.1 Introduction
4.2 Historicism, Anthropology and UNESCO'S Conception of Culture
4.4 UNESCO'S Undertakings on Culture and Cultural Diversity: An Overview
4.5 Culture and Development
4.6 Culture and Globalisation
4.7 The UNESCO Convention Cultural Diversity
4.8 Conclusion

5 The Treatment of Culture in the GATT/WTO (I): Theoretical and Legislative Framework
5.1 Introduction
5.2 Comparative Advantage Theory and its Application to Cultural Products
5.3 An Institutional Evolution and a Shift in Telos
5.4 Trade in Cultural Goods: GATT Article IV and its Legacy
5.5 Trade in Cultural Services: An Observation on the Audiovisual Sector
5.6 General Exception Clauses
5.7 Trade Remedy Measures Which May Involve Cultural Products
5.8 The Treatment of Culture in Emerging Areas
5.9 Concluding Remarks

6 The Treatment of Culture under the GATT/WTO (II): Case Study and Identifi cation of Problems
6.1 Introduction
6.2 A Brief Account of GATT/WTO Dispute Settlement
6.3 Canada-Periodicals
6.4 China-Publications and Audiovisual Products
6.5 How Likely is a Party to Invoke UNESCO Instruments as a General Cultural Defence?
6.6 Applying the 'Public Morals' Exception to Cultural Products
6.7 Distinguishing Cultural Goods from Cultural Services
6.8 Factoring Cultural Elements into Deciding the 'Likeness' of Cultural Products
6.9 Concluding Remarks

7 Culture under Regional Agreements: The Perspectives from the EC/EU and NAFTA
7.1 Introduction
7.2 The European Community/European Union
7.4 The Interface between Regional and Global Trade Agreements: The Issue of Forum Shopping, Among Others
7.5 Further Observations

8 Reform Proposals for the Culture and Trade Quandary
8.1 Introduction
8.2 A Recap of the Interaction between Trade and Culture
8.3 Designing WTO-Compatible Domestic Policy Measures
8.4 Searching for Solutions within the Trade System
8.5 The Relationship between the UNESCO Convention and WTO Agreements
8.6 Connecting WTO Rules with the UNESCO Convention: The Perspective of Dispute Settlement
8.7 The Margin of Appreciation Doctrine: Ripe for Extrapolation?
8.8 Conclusion

9 Concluding Remarks

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