The Creative Industries as a New Paradigm for Business and Law: Of 'Smart Phones' and 'Smarter Regulation'

21 Pages Posted: 17 Jun 2014

See all articles by Rostam J. Neuwirth

Rostam J. Neuwirth

University of Macau - Faculty of Law, E32

Date Written: June 13, 2014

Abstract

From a macroeconomic perspective, the historical evolution of trade and commerce has been closely entangled in a two-way or paradoxical relationship with the evolution of laws, where one is inextricably linked to the other and both mutually influence each other. At the microeconomic level, the same can be said about the relationship between businesses or industries and their underlying technologies. Recent changes, and notably the accelerated pace by which we recognize change, has led to a widespread trend of “convergence”. Convergence has been recognised in different contexts, namely in languages, technologies, and industries as well as regulatory matters. The objective of this article is thus to first trace and describe convergence from a linguistic, technological and industrial perspective. Subsequently, in order to ponder the future regulatory challenges in the regulation of global trade under the aegis of the World Trade Organization (WTO), it will focus on the question of whether technological and industrial convergence should be met by a similar trend towards regulatory convergence through regulatory harmonisation. Put differently, it will critically evaluate the present situation of regulatory divergence in the form of regulatory diversity and regulatory competition with a view of contributing to the debate of improving global trade regulation in the 21st century.

Keywords: WTO, Trade Regulation, Convergence, Creative Economy, Creative Industries, Cultural

JEL Classification: K20

Suggested Citation

Neuwirth, Rostam Josef, The Creative Industries as a New Paradigm for Business and Law: Of 'Smart Phones' and 'Smarter Regulation' (June 13, 2014). Fourth Biennial Global conference of the Society of International Economic Law (SIEL) Working Paper No. 2014/05. Available at SSRN: https://ssrn.com/abstract=2450209

Rostam Josef Neuwirth (Contact Author)

University of Macau - Faculty of Law, E32 ( email )

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Taipa, Macau
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