Download Cultural Products and the World Trade Organization by Tania Voon PDF

By Tania Voon

Debate approximately exchange and tradition has an extended heritage, however the software of WTO principles to cultural items reminiscent of motion pictures, radio, and books continues to be some of the most divisive concerns within the association. After assessing the industrial and social arguments for treating cultural items in a different way from such things as metal or wheat, this 2007 ebook explains how the enormously diversified perspectives of WTO individuals in previous negotiations ended in an final result that's disappointing for all. It is going directly to offer a entire overview of attainable suggestions, together with evolution of the legislations via WTO dispute payment, an contract open air the WTO, and reforms to enhance the stability among exchange liberalization and cultural coverage ambitions.

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41 Leaving to one side the issue of whether it is appropriate for WTO Panels and the Appellate Body (which resolve disputes between WTO Members regarding trade-related measures)42 to assess the legitimacy of particular domestic regulatory goals,43 several factors suggest that WTO Members never intended to limit their regulatory objectives to those listed in Article XX (or explicitly specified 38 39 40 41 42 43 importing and exporting, may cause undue disturbance to their normal commercial interests, and may hinder the achievement of the objectives of this Agreement’.

For example, several of the intellectual property rights addressed in the TRIPS Agreement relate to culture. 78 One question is whether geographical indications create a valid and effective form of cultural preservation and promotion or whether, as 71 72 73 74 75 76 77 78 Sheila Jasanoff, ‘Technological Risk and Cultures of Rationality’ in National Research Council, Incorporating Science, Economics, and Sociology, 65, 71–2; C. S. and European Perspectives on GMOs: Political, Economic and Cultural Issues’ (2001) 2(2) The Estey Centre Journal of International Law and Trade Policy 221, 224–5.

71 This cultural difference could have implications for the application of the SPS Agreement, in that a Member will face greater difficulties in complying with this agreement where its consumers are concerned about a matter that international standards bodies consider to be safe (as happened in this case). 73 The cultural implications of the WTO extend beyond the SPS Agreement and GATT 1994 to many other WTO agreements. For example, several of the intellectual property rights addressed in the TRIPS Agreement relate to culture.

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