Study On The Cultural Exception Provision In Canada FTAs

Cultural Trade region is always a heated topic among countries in international trade area. Unlike normal trade about goods or services, cultural trade combined with cultural identity. Cultural industry includes cultural products and cultural services. Countries whom are favor of the cultural exception hold the opinions that the special cultural identity makes cultural industries different from other industries. Considering about the cultural identity is also related closely with cultural right, cultural trade should be given special protections from other trade. The general rule of international trade should not govern this particular trade region. There is no cultural exception provision under World Trade Organization(hereinafter WTO) structure that makes the protection of cultural industry lacking uniform and specific protection. Therefore, countries like Canada turning to practice their needs of cultural exception under the free trade area by signing Free Trade Agreement(hereinafter FTA) with other countries. As the first country that brought cultural exception provision under FTA, Canada has its long history about adding cultural exception to the ongoing FTA negotiation experiences and using cultural exception in the trade dispute settlement. China is always careful about the cultural trade within other countries. After joined the WTO, the local cultural market is getting more and more open. How to protect local cultural industry and protect Chinese cultural identity in a progressively open market is the question we need to seriously considered when we participating in the competition. This article is mainly about studying cultural provision of Canada's FTA. Comparing it with the cultural trade rules under WTO or European Union legal structure, analyzing use cultural exception under the FTA dispute settlement procedure. From the study, to see how should make the cultural exception useful for China.Besides the Introduction and Conclusion, this essay included five parts:The first part is about the basic idea of cultural and cultural exception. By analyzing the debate about cultural and trade, explaining the concept of cultural exception. Clarifying the origin, background and the new development of the cultural exceptionThe Second part is about the cultural exception in Canada's FTA. The provision was first brought to FTA signed with America. After that, the same provision is adopted by the following FTAs. The cultural exception include define cultural industry and use exception rules to regulate cultural industry. There's some new changes about the cultural exception provision which is aiming at provide a better protection for Canada.The third part is comparing the Canada's cultural exception provision with other cultural trade rules. By comparing the cultural exception with WTO and European Union, we could find the way Canada regulated cultural trade is different from all the others. By comparing the cultural exception with cultural rules under China's FTA, we could improve our protection regarding to the cultural industry by improving our rules.The forth part is about applying the cultural exception. Under the FTA structure, using cultural exception is limited by the jurisdiction provision. The dispute was brought intentionally under WTO to escape from using cultural exception clause. Regarding to this problem, it is urgent for us to have a more useful dispute settlement solution. It needs to be set up for the better use of cultural exception.The fifth part is about the revelation of China. After studying about Canada's cultural exception provision, it will give us a better sight about how to protect cultural industry outside of the WTO. By analyzing the use of cultural exception, adding the cultural exception provision into our FTA may bring positive impact on our cultural trade. We need also have equivalent dispute settlement structure or pursue multiple ways solve cultural disputes that may provide a better protection of using cultural exception clause.