Toward A New Cultural Exemption In The WTO

Abstract

The World Trade Organization (WTO) rules on the trade in are set forth in the General Agreement on the Tariffs and Trade (GATT) 1994, and a number of related Agreements. The terms goods and are nowhere explicitly defined in the WTO Agreements. The EU Group given that it emphasizes the artistic character of cultural and services, argues that such and services should be exempt from most, if not all, of the WTO free trade rules. There are three pillar agreements in the WTO system. These are the GATT 1994, the General Agreement on the Trade in Services (GATS), and the Agreement on Trade-Related Intellectual Property Rights (TRIPS or the TRIPS Agreement). This chapter discusses the major provisions and principles contained in the GATT 1994 and the specific exceptions for cultural contained therein. Keywords: cultural goods; cultural services; EU Group; GATS; GATT 1994; trade-related intellectual property rights (TRIPS) agreement; World Trade Organization (WTO)