Research On Audiovisual Product Trade Restrictions Under WTO Regime

This paper focuses on audiovisual products trade restrictions under WTO regime. Trade restrictions on audiovisual products have always been the focus of cultural trade system. Convention on the Protection and Promotion of the Diversity of Cultural Expressions (Cultural Diversity Convention hereinafter), which took force on 18 March 2007, triggered a new round of debate on liberalization and restrictions in cultural trade. Disputes between China and the United States, which was finally adjudicated by the appellate body on 21 December 2009, systematically examined related international rules as well as laws, regulations and procedures of China. Therefore, making a thorough research upon audiovisual products trade restrictions is significant both in theory and reality.In introduction, the author defines audiovisual product, analyses the reasons why some countries advocate restricting audiovisual product trade, and points out that this paper is written from the perspective of China.Chapter One introduces the negotiating history on liberalization and restrictions in audiovisual product chronologically, which is parted into negotiations before Uruguay round, Uruguay round, and after that, so that the origin of WTO rules and Cultural Diversity Convention is seen.Chapter Two introduces the rules restricting audiovisual product trade of GATT, GATS and Cultural Diversity Convention. In this part, the author stresses the relationship between GATT and GATS in terms of application in cases and the practicality of restrictions to free trade according to Cultural Diversity Convention.Chapter Three analyses the disputes between China and the United States, focusing on three points:justifying trade right restrictions through public moral; the rules applying to film; whether Internet music circular is a new type of service.Chapter Four reflects the legitimate policy choices of China under WTO regime on the basis of analyzing commitments China made under GATS. Furthermore, the author makes reflections on the protection of culture, cultural industry and public moral. In conclusion, the author points out that it is proper for China to pursue progressive liberalization in audiovisual product trade.