Book contents
- Frontmatter
- Contents
- Detailed chapter outline
- Table of GATT/WTO agreements
- Table of GATT/WTO cases
- Table of abbreviations
- Foreword
- Acknowledgements
- Part I Stalemate and its ideological origins
- 1 Trade and culture
- 2 A case study of cultural products: protectionism vs cultural policy
- 3 What's wrong with the current treatment of cultural products?
- Part II Options for the future
- Bibliography
- Index
3 - What's wrong with the current treatment of cultural products?
Published online by Cambridge University Press: 23 February 2010
- Frontmatter
- Contents
- Detailed chapter outline
- Table of GATT/WTO agreements
- Table of GATT/WTO cases
- Table of abbreviations
- Foreword
- Acknowledgements
- Part I Stalemate and its ideological origins
- 1 Trade and culture
- 2 A case study of cultural products: protectionism vs cultural policy
- 3 What's wrong with the current treatment of cultural products?
- Part II Options for the future
- Bibliography
- Index
Summary
All are in agreement that the present, post-Uruguay Round situation is quite unsatisfactory inasmuch as it has left most issues unresolved.
The ‘do nothing’ approach does not really offer a long term solution to the trade and culture issue.
Introduction
This chapter highlights why all WTO Members should be concerned about the current treatment of cultural products inWTOlaw, regardless of their positions on the nature of these products and the rationale for discriminatory or trade-restrictive cultural policy measures. As a whole, the existing provisions under GATT 1994 and GATS do not correspond with the conclusions in the previous chapter, namely that cultural policy measures may legitimately involve some forms of discrimination and that the WTO rules should allow for this discrimination while minimising the resulting trade restrictions. Perhaps more importantly, the difference in treatment of cultural products under these agreements and the uncertainty of their provisions lead to the conclusion that the WTO needs a new approach to cultural products.
The preamble to GATS makes clear that one objective of this agreement is
the early achievement of progressively higher levels of liberalization of trade in services through successive rounds of multilateral negotiations aimed at promoting the interests of all participants on a mutually advantageous basis and at securing an overall balance of rights and obligations, while giving due respect to national policy objectives.
This objective is reflected in Part IV of GATS, headed ‘Progressive Liberalization’. As mentioned in Chapter 1, successive rounds of negotiation are to take place ‘with a view to achieving a progressively higher level of liberalization’, and ‘with due respect for national policy objectives’.
- Type
- Chapter
- Information
- Cultural Products and the World Trade Organization , pp. 69 - 120Publisher: Cambridge University PressPrint publication year: 2007