ABSTRACT
The Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CCD) marks a major step forward in the international community’s acknowledgement of the importance of promoting cultural diversity. To better promote and protect cultural diversity and autonomy in the WTO, the key issue that requires thorough discussion is the question of how to incorporate the main provisions such as Article 6 of the CCD into the WTO legal system. What is needed at present is a carefully designed scheme that can show sufficient respect to cultures and at the same time can balance the conflict between trade and culture. When cultural policy collides with trade policy it is a dilemma between economic and non-economic values. For such a dilemma, the WTO remains the most effective framework to pursue trade liberalisation of cultural products and it remains the most appropriate forum for balancing competing trade and non-trade values. We must regulate the conflicts between trade and culture. On the one hand, it is evident that the protection of cultural goods and services under the WTO law is very limited, and normatively speaking, there is little room for the panel or the appellate body to evaluate the cultural content of goods and services under the regime. On the other hand, the scope of the CCD is ambiguous and the definition of ‘culture’ is vague, which may lead to trade protectionism when countries adopt cultural policy measures to create trade barriers. The problems associated with trade in cultural products require a new level of policy co-ordination and dialogue between trade and cultural authorities both at the national and international level in order to find workable solution.
