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The Conflict and Coordination of Cultural Diversity and Trade Liberalization

Author: YuQun
Tutor: LiDaoGang
School: Shandong University
Course: Legal
Keywords: WTO CCD DSU cultural diversity trade liberalization
CLC: D996.1
Type: Master's thesis
Year: 2010
Downloads: 193
Quote: 1
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Abstract


The case of "China-mesures affecting trading rights and distribution services for certain publications and audiovisual entertainment products" which has been lasting for 2 years ended with China’s failing. It was caused by the value conflict between the cultural diversity and the trade liberalization. This article focus on this case, from the perspective of the WTO framework which seek for trade liberalization and The Convention on the Protection and Promotion of the Diversity of Cultural Expressions("CCD") which proposed by UNESCO, discuss about the dispute occurred in the trade of culture industry recently, in order to find a way to balance the conflict of benefits under the existing framework.The first part of this article mainly discuss the value conflict between the cultural diversity and the trade liberalization, with an entry point of the case above-mentioned, by research the connotation of the cultural diversity and the trade liberalization, find out the root of the conflict is the discrepancy of the virtue of "culture industry".The second part introduce the trade rules about the culture products in the WTO framework and the CCD, summarize the possible conflict between the above two by comparative analysis, make preparation for the application of the law.The third part mainly research for the relation between the WTO laws and the CCD, find out although the CCD is lex posterior, the relation of the two can not be set just by this. And because the compromise of the dispute settlement provision of the CCD, there is no consensus of the problem.The last part research the way how the CCD can play a rule under the WTO framework on the basis of the research above, including whether it can be a tool used for explaining a treaty or be applicable under the WTO framework, and proposed two ways which may be applicable.The author has adopted the research methods of case-analysis, comparison analysis, historical analysis of law, legal interpretation and so on.

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law )
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