China and the “culture and trade” debate: a holistic approach

Abstract

ABSTRACT Over the past century, the ‘culture and trade’ debate has constantly evolved, particularly in the wake of rapid and still accelerating technological and scientific advances. These changes, manifest in an increasing convergence of many new technologies and industries, meant that the strict separation of culture from trade by means, for instance, of general or special exceptions in international trade agreements, such as the 1947 General Agreement on Tariffs and Trade (GATT) or the 1988 Canada–United States Free Trade Agreement (CUSFTA), can no longer be sustained. It means that in light of the emergence of oxymoronic concepts like ‘the cultural and creative industries’, the debate can no longer be framed along binary modes of thinking that oppose the liberalization of international trade and the protection and promotion of the diversity of cultures. Instead a more holistic approach seems to be needed, which appears to coincide with the approach taken by the People’s Republic of China (PRC), which joined the WTO in 2001. The present paper examines the holistic approach by the PRC, which seeks to combine rather than separate culture and trade in its domestic, regional and global law and policymaking.