Study On Cultural Exception In International Trade Agreement

ABSTRACT:As the competition between the international trade of culture products Culture Exception and the relative problems, which have been neglected and lying by for a long time, attract great concern throughout the world inevitably. Culture Exception means in the international culture trade, on the basis of free trade, take some necessary culture protection and exception rules to make member countries develop their culture and international culture trade fairer.This thesis mainly talks about the Culture Exception, by the background of US-China dispute over publications and audiovisual products case. By studying the importance of Culture Exception, analyzing the existing legal issues on Culture Exception and tries to propose the measures. Finally for the US-China dispute over publications and audiovisual products case and the trend of Culture Exception presently, putting forward the measures to deal China’s problem on this issue.This thesis study Culture Exception rules from two levels, one is WTO, the other is RTA. WTO is the early international legal documents to support Culture Exception, there is Culture Exception rules in both GATT and GATS. Conditionally, Culture Exception had not been written in the WTO law as an independent clause. RTA and BTA’s Culture Exception rules better. Among them, NAFTA and the relevant EU cultural trade agreement on Culture Exception are representative. But neither WTO nor the relevant RTA&BTA are sufficient. All of them are unable to provide special protection for cultural products trade. So it is necessary to improve the Culture Exception rules in the international trade agreements. In WTO, in addition to perfect some specific rules, Culture Exception should be as general exception definitely. RTA’s Culture Exception rules can be improved from the rules and procedure.Unlike many other countries who has not or has rare made commitments on culture in WTO, for varies reasons, China made a commitment on culture, which makes China a very disadvantageous position in the current fierce trade war. US-China dispute over publications and audiovisual products case is a good description. Therefore it is particularly important to take in-depth study and advantage of Culture Exception.