Reconciling Trade and Culture: A Global Law Perspective
University of Bern Law School - World Trade Institute
December 1, 2009
Journal of Arts Management, Law and Society, No. 41, 2011
NCCR Trade Regulation Working Paper No. 2009/45
This article provides an overview of the most essential issues in the trade and culture discourse from a global law perspective. It looks into the intensified disconnect between trade and culture and exposes its flaws and the considerable drawbacks that it brings with it. It is argued that these drawbacks become especially pronounced in the digital media environment, which has strongly affected both the conditions of trade with cultural products and services and cultural diversity in local and global contexts. In this modified setting, there could have been a number of feasible ‘trade and culture’ solutions – i.e. regulatory designs that whilst enhancing trade liberalisation are also conducive to cultural policy. Yet, the realisation of any of these options becomes chimerical as the line between trade and culture matters is drawn in a clear and resolute manner.
The article is meant for an interdisciplinary audience and forthcoming in the Journal of Arts Management, Law and Society.
Number of Pages in PDF File: 18
Keywords: trade, culture, WTO, UNESCO, international law, digital media
Date posted: June 30, 2009 ; Last revised: May 14, 2011
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