China and Cultural Products at the WTO

Legal Issues of Economic Integration, Vol. 37, No. 3, pp. 253-259, 2010

U of Melbourne Legal Studies Research Paper No. 514

12 Pages Posted: 25 Sep 2010 Last revised: 6 Jan 2011

See all articles by Tania Voon

Tania Voon

University of Melbourne - Law School

Date Written: September 24, 2010

Abstract

This short note examines the report by the Appellate Body of the World Trade Organization (WTO) in ‘China – Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products’ (circulated 21 December 2009, adopted 19 January 2010). In particular, it places this dispute in the context of the debate within the WTO and its predecessor, the General Agreement on Tariffs and Trade 1947 (GATT 1947), concerning the relationship between trade and so-called ‘cultural’ products (eg. books, magazines, film, television, radio). It compares the approach of the Appellate Body to the underlying Panel Report, specifically in relation to the identification of cultural products as goods or services, the interpretation of WTO Members’ commitments under the General Agreement on Trade in Services (GATS) in dynamic service sectors such as audiovisual and telecommunications services, and the application of GATT Article XX(a) to China's Accession Protocol.

Keywords: WTO, trade, culture, China, audiovisual

JEL Classification: K33, F10

Suggested Citation

Voon, Tania, China and Cultural Products at the WTO (September 24, 2010). Legal Issues of Economic Integration, Vol. 37, No. 3, pp. 253-259, 2010; U of Melbourne Legal Studies Research Paper No. 514. Available at SSRN: https://ssrn.com/abstract=1682299

Tania Voon (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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