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The ‘Culture and Trade’ Debate from the Exception Culturelle Via Cultural Diversity to the Creative Economy – What’s Law Got to Do with It?
Neuwirth, R.J.
2012-06-25
Source PublicationOnline Proceedings
Publication PlaceLondon
PublisherSociety of International Economic Law (SIEL)
AbstractThroughout the 20th century, the culture and trade debate evolved with the emergence of related concepts, such as cultural industries, cultural specificity, and cultural diversity. Traditionally, the dominant regulatory method in approaching the relationship between cultural concerns, on the one hand, and of trade concerns, on the other, consisted in the formulation of general or particular exceptions aimed at separating culture from trade. Only gradually, and backed by drastic advances in technologies affecting the cultural industries, the traditional regulatory method shifted towards a more inclusive approach by virtue of the use of so-called “integration clauses”. Put briefly, the dominant approach changed from one of “exclusive inclusion” towards one of “inclusive exclusion”, given that the greater integration of cultural concerns in commercial contexts at the level of substantive law was, at the international level, not matched by a major shift towards greater institutional coherence. The recent concept of the “creative economy” can thus be regarded as a new opportunity to rethink not only the scope and content of the cultural and trade debate but also the principal features of the role of law in tackling the challenges that lie ahead.
KeywordCulture and Trade Debate WTO UNESCO exceptions integration clauses cultural diversity
URLView the original
Language英語English
The Source to ArticlePB_Publication
PUB ID8021
Document TypeConference paper
CollectionDEPARTMENT OF GLOBAL LEGAL STUDIES
Faculty of Law
Corresponding AuthorNeuwirth, R.J.
Recommended Citation
GB/T 7714
Neuwirth, R.J.. The ‘Culture and Trade’ Debate from the Exception Culturelle Via Cultural Diversity to the Creative Economy – What’s Law Got to Do with It?[C], London:Society of International Economic Law (SIEL), 2012.
APA Neuwirth, R.J..(2012). The ‘Culture and Trade’ Debate from the Exception Culturelle Via Cultural Diversity to the Creative Economy – What’s Law Got to Do with It?. Online Proceedings.
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