Journal of Shanghai University (Social Science Edition)
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AI Su-jun
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Abstract: It is for the first time that the concept of the "cultural diversity", as a binding instrument, is acknowledged in The Convention on the Protection and Promotion of the Diversity of Cultural Expressions, which entitles the contracting party to adopt measures including putting restrictions on the import of cultural products or services to protect the cultural diversity. Such provisions will inevitably conflict with the WTO treaties aiming at free trade. Essentially, the conflict is one in the applicable law and can be resolved under the frame of both the UNESCO conventions and WTO. In light of the wide influence of WTO, the reconciliation under its frame is far more important, in detail, settling the dispute through the interpretation of the treaty by the related organization, or through the resolution by the Ministerial Conference or the General Council.
Key words: WTO, cultural diversity, conflict of treaties, UNESCO
CLC Number:
D996.1
AI Su-jun. The Conflict and Reconciliation Between Culture and Trade Under the Frame of the International Law[J]. Journal of Shanghai University (Social Science Edition).
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https://www.jsus.shu.edu.cn/EN/Y2008/V15/I5/19