Research On The Legal Conflict In The International Cultural Products Trade

Over the last decade,with the rapid development of economic globalization, cultural products trade has become the new competition areas of international trade in goods and services. Since China’s accession to the WTO,China’s cultural products trade market, naturally became an important part of the international market. In 2007, the WTO Dispute Settlement Body made a decision of the case " China—Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment products ", and ultimately China made a commitment to modify its domestic policies and measures which were not consistent with the "WTO commitment". The verdict of this case reflects the reality plight of international trade law about cultural products,that’s mean there existence conflicts between the trade liberalization and the value of cultural diversity,and also lack of rules about the international cultural products trade.In this article,we first analysis the case " China—Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment products ",then proposed a legal thinking about whether the WTO’s trade rule of cultural products is self-contained; In the second part, I made a basic introduction about the connotation of the international cultural products trade, analysis the values in the cultural products trade, and there exist binary opposition in the legal system of international cultural products trade rules; the third part of this article,we analyzed the rules of international law related to the cultural products trade, namely, the WTO rules and the UNESCO’s "Convention on Cultural Diversity", and analyzed the WTO non-self-sufficiency in cultural products trade legislation; Part IV is based on the third part, analyzed the conflict that may exist between the two point international rules, then we also proposes a method for select to coordination the conflict between the two international rules; In the Part V, we analyzed problems existing in the current cultural trade legal system in our country, then put forward our coping strategies in facing with the conflicts in the international cultural products trade law.We believe that there are not irreconcilable contradictions between the moderate cultural protection and trade liberalization, just as the diversity of culture is able to inspire creativity and promote the growth of trade, develop cultural products trade can promote intercultural communication and identity between different cultures, so that a kind of culture form can be preserved. The premise of this thesis is to seek a balance between the trade liberalization and the culture protection. What is decided a country’s position and it’s choice of trade policy, that is a country’s national interests; we have to recognize that in the world of cultural products trade pattern, China is a big country in this field but not the power, the domestic cultural industry has not yet formed a strong momentum of development, so we are facing tremendous pressure about maintenance the domestic public morals and values with opening trade. So we should focus on the domestic and international levels, continuing to improve the system rules, in order to better respond to the challenges of expansion open in the cultural products trade market.