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Legal Application Of The Principle Of Cultural Exception In International Cultural Trade

Posted on:2015-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z H WuFull Text:PDF
GTID:2296330452456370Subject:Law
Abstract/Summary:PDF Full Text Request
In the tide of economic globalization, trade liberalization has greatly accelerated thecultural interaction and communication between the various countries and regions. At thesame time, in the field of culture, western developed countries through cultural goods andservices spread ideas and values around the world. Developing countries continue to forceto accept the input of foreign cultural goods and services,which directly result in strongimpact and touch challenges on local culture.1993Uruguay Round negotiations, Franceand Canada, proposed the principle of cultural exception that cultural identity has beedharmed by excessive trade liberalization.The international commuity is increasinglyfocusing on the respect and protection of culture, especially in2005UNESCO issued"Convention on Protection and Promotion of the Diversity of Cultural Expressions(CDC)".Promulgation of this international legal document makes countries be entitled to take stepsto protect cultural diversity and offers a theoretica support and legal supply. However, itsprovisions are in conflict with, to some extent, WTO legal system.In this context, this paper analyzes the provisions about cultural trade in WTO legalsystem.Through grasping the backgroud of promulgating and implementing CDC’,researching on relevant cases, this paper systematically explores the solution to confictsbetween WTO legal system and CDC. The first part of the paper makes a presentation onthe background of the topic,and puts forwards researching methods; the second partdiscusses the practical application of the principles of cultural exception under the culturaltrade; the third part analysis the conflicts between trade liberalization and the principle ofcultural exception and proposes the solutions to the conflicts; the forth part of the paperdiscusses the status of the current China legal regulation and its shortcomings dealing withthe coordination conflict, and proposes countermeasures to specificthe principle of culturalexception in China.In summary, trade liberalization is an unstopable trend, but maintaining culturaldiversity is the key to the cultural differences among countries and regions and constitutean important part of the world’s rich and colorful cultural system. Trade liberalization does not necessarily conflict with cultural diversity. Treat temporary conflict betweeninternational conventions with open minds and long-term views.Establish and improveculture of good trade laws and regulations in China, which can be actively integratedinto the world legal system. It will enhance the level of legislation, but be also moreworkable in practice.
Keywords/Search Tags:Cultural exception, Cultural diversity, Cultural trade, Conflicts and coordination, Legal application
PDF Full Text Request
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