Feeling the Dragon’s Pains: Rethinking of China’s Cultural Products in the Context of the ‘China- Publications’

Abstract:     
China-Publications has been perceived as a milestone for both the WTO regulatory framework and China’s domestic governance. On the other hand, it also reveals the Dragon’s pains as either a WTO Member or a domestic governor. The acute pain of unequal WTO Membership recurred in terms of China specific rules. Moreover, by exploring cultural regulatory framework in China, one may notice that the majority of China’s administrative regimes and legal framework are elaborately designed for political considerations. The WTO adjudicator’s ruling on the “necessary” test of the measures imposed on cultural products, however, did not give due consideration to China’s political concerns. This may have spill over impact on socialist-political system in China, blocking the progressively trade liberalization of cultural products in China. The China-Publications unveils the limits of China’s national regulatory framework as well, covering both culture and trade aspects, as well as restrictions on WTO legal capacity in China. Though this unpleasant failure experience in defending China-Publications, China needs to contemplate complementing its domestic culture and trade regulatory framework, and enhancing its WTO legal capacity.

Presented SIEL Singapore 2012.

Number of Pages in PDF File: 32

Keywords: China, WTO, Cultural Products, Public Moral Exception, Domestic Regulatory Framework, WTO Legal Capacity

JEL Classification: F02, F10, F20, F30, F40

working papers series