Research On The Conflict Of Culture And Trade

By empirical research and case study on Cultural Exception Theory, Cultural Diversity Theory, as well as the trade and culture in the context of WTO dispute settlement, and by the exploration of conflict and its reconciliation of Cultural Diversity Convention(hereinafter as CCD) and relevant WTO rules, the detailed examination of WTO cases involving cultural elements. We can come to the conclusion as follows: as to the aspect of treaties, the CCD may conflict with fundamental principles and rules of WTO agreements, but we can make some reconciliation in the WTO system, apart from that, reconciliation out of the WTO system is also available. While from the perspective of WTO dispute settlement, to response in the way that merely dependent on the cultural contain or element may disappoint the respondent, while in the response in the WTO dispute settlement, the respondent should take into consideration of these elements: like product, necessity, etc, especially as the party want to response by applying the General Exception clause.