The Conflict And Coordination Of Laws Between Cultural Liberalization Of Trade And Cultural Diversity

Nowadays, the cultural trade has become an important part in the foreign trade of a country. With the development of WTO free trade system, on one hand, it has greatly promoted the trade, including cultural between countries, as the cultural rapidly flow among various countries and regions, the global cultural market becomes prosperity and promotes development of other related industry. But on the other hand, the excessive freedom of cultural trade has also caused the trade imbalance, one-way cultural goods and services from developed countries to underdeveloped countries and regions, has forced people in the state of import to accept foreign culture while they may lose their own cultural identity. Countries that have been outputting their cultural may easily force others to accept their own values and ideology in cultural trade, which may cause the cultural hegemony.In2005the United Nations educational, scientific and cultural organization (UNESCO) promulgated "Convention on the protection and promotion of the diversity of cultural expressions "(here in after referred to as "the Convention"). It means that the international community has realized the importance of respect and protection of cultural diversity. The Convention provides a theoretical basis and legal support for countries to take measures to protect cultural diversity and makes it up to the level of international law. But the provisions of the Convention, to a certain extent, may have a conflict with the WTO free trade system. The Convention, which gives the cultural sovereignty of the Parties and the right to take policy measures to protect its cultural diversity, is contrary to the principle of the WTO. How to resolve and coordinate the conflict of laws between cultural and trade liberalization and cultural diversity, and promote the healthy development of the international cultural trade has become the most concerned problems of present.In this circumstance, this paper analyzed the terms of the WTO trade in culture, and described the circumstances surrounding the formulation and implementation of the Convention. In order to identify the place of both conflict and solution to reconcile these conflicts, and finally to find suggestions to promote development while coordinating conflict for our country.The first part of the paper describes the background and significance; the second part illustrates the international legislation of both cultural liberalization of trade and cultural diversity; the third part is the conflict of laws on cultural trade liberalization and cultural diversity in UNESCO and the WTO; Part IV discussed the coordination of the conflict of laws between cultural liberalization of trade and cultural diversity; the fifth part of the paper analyzes the status and shortcomings of the current legal regulation of the coordination of conflict, put forward the thinking to perfect to coordinate the conflict of legal countermeasures of our country.The final conclusion is that we do not oppose the trade liberalization, but advocate giving appropriate attention to the protection of cultural diversity in the cultural and trade liberalization process. Deal with the coordination of the International Convention on the conflict with the perspective of development, China should make full use of the relevant provisions of international conventions. combined with its actual situation, scan widely with international legal practice, strengthen the coordination of the conflict in the construction of domestic legislation, at the same time, adopt a flexible cultural trade laws and policies, through the continued development and application of the legal response by the cultural industries and cultural trade, promote the improvement of culture competitiveness of China, and thereby contribute to world harmony.