The Legal Issues Research On WTO Trade In Cultural Products

Throughout the history of world development, human pride is to rely on their own wisdom created splendid culture, since World War II, countries gradually increased trade, economic globalization has become the main theme, trade and cultural products is one of the very an important part. After the establishment of the WTO, the multilateral trading system has been strengthened, but due to social and cultural product itself, which is the liquidity and trading itself had a conflict, but in today’s WTO legal system, are not developed specifically for culture Terms of the product, which makes a number of countries in the decline in trade in cultural products, the country’s cultural market will be the impact of foreign cultural products, and even change the values of its own nationals. In today’s article is an international multilateral trading system, the conflict caused by the special nature of cultural products for seeking a solution within the framework of existing WTO legal system, such as making the country’s trade deficit in cultural goods in China, etc., use of WTO the relevant provisions of the legal system to reduce the free flow of cultural products and cultural risks posed. This paper is divided into four parts.The first part is the cultural goods and products trade disputes. WTO to combine specific cases come within the scope of the concept of international law, culture and cultural industries, and thus leads to the issue of cultural products and cultural products trade, and finally analyze the cultural products with special properties, especially social, making today under the WTO legal system of each country produced cultural products trade disputes.The second part is the institutional and cultural products under the WTO trade specific legal rules. Under existing WTO legal framework, GATT1994 first four movies quota provisions, GATT and GATS Article 20 Article 14 general exception clause, providing government GATS terms of service, GATT1994 Article 3, paragraph 8(a) of the Terms of government procurement measures, GATT and GATS subsidies in terms of specific commitments Article 3, paragraph 8(b), can be used to solve trade conflicts and cultural products, and these six articles were analyzed in detail, pointing out that it applies advantages and disadvantages.The third part is a case study of cultural products trade disputes under the WTO regime. Through the "United States v. Canada-impact journals measures" and "Sino-US audiovisual products Story published case" for detailed analysis, particularly for China’s lost, summed up the reasons for losing, and then analyze how the specific application of the rule of law in the WTO dispute cultural products.The fourth part is to improve the Chinese cultural products trade legal system. China first introduced the current situation of cultural products trade legal system: development of cultural industries is not enough, slightly less than the regime, and in the WTO to make a lot of promise for the trade in cultural products. And thus lead to trade on Chinese cultural products to perfect the legal system of thought: on the one hand to strengthen the construction of their own cultural industries, on the other hand to protect China’s cultural security.