| Status | 已發表Published |
| The UNESCO Convention on the Diversity of Cultural Expressions: A Critical Analysis of the Provisions | |
| Neuwirth, R.J. | |
| 2012-09-01 | |
| Source Publication | The UNESCO Convention on the Diversity of Cultural Expressions: A Tale of Fragmentation of International Law |
| Publication Place | Mortsel |
| Publisher | Intersentia |
| Pages | 45-69 |
| Abstract | On March 18, 2007 the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) entered into force. The adoption of the Convention in 2005 was the outcome of a chain of various “culture and trade conflicts” which included various issues, such as the role of Article IV GATT 1947, the emergence of satellite broadcasting in the 1960s, the dispute over audiovisual services towards the end of the Uruguay Round negotiations, and the WTO Dispute Settlement Body’s rulings in the Canada Periodicals case. These conflicts evolved at the same pace as technological progress was made especially in the field of the cultural industries, i.e. various cultural goods and services including cinematograph films, video and sound recordings, television programmes and publications. As a common feature, the underlying regulatory problems related to these industries are mainly caused by the dual, i.e. economic and cultural, nature of cultural products. It is thus the duality of the cultural industries that gives rise to difficult problems with regard to their legal classification and treatment, as they are not only important economic factors in international trade but also the principal vectors of cultural identity and cultural diversity. Thus, it is this dual nature that requires a common consideration of the two areas of culture and trade. Both areas are, however, subject to a distinct substantive legal regime as well as a different institutional framework under international law. The separation between culture and trade is strongly reflected in the institutional separation and absence of direct legal ties between the World Trade Organization (WTO) on the one hand, and the United Nations Educational, Scientific and Cultural Organization (UNESCO) on the other. It was this gap between the regimes of culture and of trade that the Convention was initially designed to close. Five years after its entry into force, this article presents the historical context and the basic provisions of the said UNESCO Convention. Subsequently, it tries to evaluate whether the Convention had a substantial impact on the regulatory situation of the cultural industries with a view to mitigating the potential negative effects that trade liberalisation may have on the diversity of cultural expressions in the world or else, whether the Convention had an impact on the regulation of international trade altogether. In this respect, the recent ruling by the WTO Appellate Body in the China – Publications and Audiovisual Products case, a brief reference in a ruling by the European Court of Justice and some 60 regional trade agreements (RTAs) negotiated since the entry into force of the UNESCO Convention will be used as a benchmark for a critical evaluation of the legal value of the Convention. |
| Keyword | International Law Culture and Trade Cultural Diversity UNESCO WTO |
| URL | View the original |
| Language | 英語English |
| ISBN | 9789400000032 |
| The Source to Article | PB_Publication |
| PUB ID | 9354 |
| Document Type | Book chapter |
| Collection | DEPARTMENT OF GLOBAL LEGAL STUDIES |
| Recommended Citation GB/T 7714 | Neuwirth, R.J.. The UNESCO Convention on the Diversity of Cultural Expressions: A Critical Analysis of the Provisions[M]. The UNESCO Convention on the Diversity of Cultural Expressions: A Tale of Fragmentation of International Law, Mortsel:Intersentia, 2012, 45-69. |
| APA | Neuwirth, R.J..(2012). The UNESCO Convention on the Diversity of Cultural Expressions: A Critical Analysis of the Provisions. The UNESCO Convention on the Diversity of Cultural Expressions: A Tale of Fragmentation of International Law, 45-69. |
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