Free Trade in Culture with Chinese Censorship: The WTO Appellate Body Report on China - Audiovisuals

25 Pages Posted: 25 Feb 2011

See all articles by Joost Pauwelyn

Joost Pauwelyn

Graduate Institute of International and Development Studies (IHEID); Georgetown University Law Centre

Date Written: 2010

Abstract

This case note describes the background, context and most important findings of the December 2009 Appellate Body Report on China - Audiovisuals. The case is a landmark for three reasons: first, confirmation that the World Trade Organization defines 'goods' (as opposed to 'services') based on physical tangibility, a criterion that may, in the future, have to be adjusted (the Note compares this rather traditional WTO approach to alternative approaches in United States and European Union law); second, application of GATT1 art XX to justify a breach outside the GATT itself (in casu, China’s Accession Protocol), a fundamental finding that may open the door for GATT exceptions also under other WTO agreements such as the SCM Agreement or even the TRIPS Agreement;4 third, the technological neutrality of services commitments under GATS (essentially, a GATS commitment covers all means of supplying a service, unless otherwise specified).

Keywords: International Trade Law, WTO, Censorship, China, Audiovisuals

Suggested Citation

Pauwelyn, Joost, Free Trade in Culture with Chinese Censorship: The WTO Appellate Body Report on China - Audiovisuals (2010). Melbourne Journal of International Law, Vol. 11, 2010, Available at SSRN: https://ssrn.com/abstract=1768145

Joost Pauwelyn (Contact Author)

Graduate Institute of International and Development Studies (IHEID) ( email )

PO Box 136
Geneva, Geneva CH-1211
Switzerland

HOME PAGE: http://graduateinstitute.ch

Georgetown University Law Centre ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

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