Conflict and coordination of the WTO and UNESCO within the framework of cultural trade liberalization and cultural diversity
|School||China University of Political Science|
|Keywords||Trade liberalization Cultural diversity WTO UNESCO Conflict and Coordination|
This paper studies the cultural trade liberalization and cultural diversity, conflict and coordination problems. Study of this problem is mainly based on the following two reasons: on the one hand, cultural products and services to global liquidity led to a threat to cultural diversity; the other hand, the WTO agreements and UNESCO to protect and promote the Convention on Diversity of Cultural Expressions \concerned about the intersection of the field of international law may conflict. This paper attempts to find a way for the coordination of the conflict between the cultural liberalization of trade and cultural diversity in international law level. The research methods used in this paper is a combination of normative and empirical research methods. From the analysis of the legal norms of the WTO and UNESCO, combining a number of practical cases, that can be taken in the framework of the WTO and UNESCO, national and international agencies coordinating the conflict. The preamble to the cultural and trade liberalization causes of conflict and cultural diversity. Cultural products and services with dual properties is the root cause of the conflict. In the context of economic globalization, and along with the development of new media and communication technologies and the establishment of the multilateral trading system, it contains one-way cultural content to the backward countries by the developed countries, cross-border flows of cultural goods and services to accelerate and regional spread, leading to the local culture of these countries is threatened, and produce on the global cultural diversity concerns. The first chapter focuses on cultural trade and cultural protection in the WTO. WTO as an organization for the purpose of trade liberalization, involving some of the cultural liberalization of trade rules; the other hand, advocated the protection of cultural diversity of the countries have not given up efforts to introduce the concept of cultural protection in the WTO. But in the WTO, the protection of culture is negative, the general exception to the rule, in trade negotiations to reduce the commitment and fight for the exemption. The second chapter of UNESCO in the provisions on the protection of cultural diversity and its possible conflict with WTO rules. UNESCO \Some of the provisions of the Convention may also be because trade restrictive countries in conflict under the Convention to take measures with WTO rules. The third chapter of UNESCO \approach. The fourth chapter analyzes currently facing the United States in the WTO, filed the complaint for specific publications and audiovisual entertainment products trading rights and distribution services measures. The analysis pointed out that China undertake to honor existing WTO commitments on the basis of future negotiations to avoid making unfavorable to China's cultural industry commitment. The final conclusion is: not opposed to trade liberalization, but the proposition to give appropriate attention to the protection of cultural diversity in the cultural and trade liberalization process. Within the existing legal framework, to use legal methods to resolve the potential conflict of trade liberalization and cultural diversity can not be a proper balance between the two value, will still end the intervention of the political negotiations.