The Conflict And Coordination In Laws Of International Cultural Trade

International cultural trade is the trading activities in cultural goods and services. It has five features, high degree of monopoly, concealment in protection, exception in liberalization, strong blending and flexibility of the constraint. At present, the principle of international cultural trade is mainly reflected in WTO’s "free trade" principle and UNESCO’s "cultural diversity" principle. The international agreements of WTO on cultural trade include the General Agreement on Tariffs and Trade, General Agreement on Trade in Service and Agreement On Trade-related Aspects of Intellectual Property Rights. UNESCO’s international agreement on cultural trade mainly refers to the Convention on Protection and Promotion of Diversity of Cultural Expressions. As cultural goods and services retain dual attributes, cultural and economics, so it is inevitably to cause conflict between the relevant provisions of WTO and UNESCO Convention on Protection and Promotion of Diversity of Cultural Expressions. On the one hand, the conflict intensifies the cultural trade friction, on the other hand, it poses a serious set of threats to the diversity of cultural expressions. The current coordination mechanisms in conflicts of laws between WTO’s agreements and UNESCO’s Convention include the coordination of laws and rules of international cultural trade in the WTO framework or in the UNESCO’s Convention framework.Conflicts of laws and coordination of international cultural trade is both an opportunity and a challenge to our country. This paper introduces the concept and characteristics of international cultural trade and elaborates the cultural trade conflicts between international agreements of WTO and UNESCO’s Convention, in order to purpose legal countermeasures in coordinating international cultural trade conflicts for our country.This paper includes three parts:Introduction, body and conclusion. The body is divided into six chapters:Chapter Ⅰ is an overview of the legal rules of international cultural trade. This chapter introduces the concept and characteristics of culture and international cultural trade, elaborated the relevant provisions of WTO and UNESCO’s Convention.Chapter Ⅱ is a review of Convention on the Protection and Promotion of the Diversity of Cultural Expressions. This chapter starts with the background of UNESCO’s Convention, and then elaborates the main the contents of the convention. Chapter Ⅲ talks about the international agreements of WTO on cultural trade. This chapter mainly introduces General Agreement on Tariffs and Trade. General Agreement on Trade in Service and Agreement On Trade-related Aspects of Intellectual Property Rights.Chapter Ⅳ analyzes the legal conflicts of international cultural trade. This chapter studies the legal conflicts of international cultural trade, analyzes the causes and manifestations of conflict of laws and investigates the negative impact of the legal conflict of international cultural trade.Chapter Ⅴ analyzes the coordination of legal rules of international cultural trade, conducts a specific analysis of the coordination of legal conflicts of international cultural trade, both in WTO’s framework and UNESCO’s Convention framework.Chapter Ⅵ is the legal rules of international cultural trade in our country. It analyzes the current legal cultural situation and cultural problems in China, and then put forwards the recommendations for the improvement of the legal regulation of China’s foreign cultural trade.