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Journal of International Economic Law 2000 3(1):115-144; doi:10.1093/jiel/3.1.115
© 2000 by Oxford University Press
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Trade liberalization and cultural policy

ME FooterZ and CB GraberY

Z Institute of Globalization International Economic Law and Dispute Settlement (GLODIS)/Department of International Law, Erasmus University, Rotterdam, The Netherlands E-mail: footer@law.eur.nl Y Institute of European and International Economic Law, University of Berne, Berne, Switzerland E-mail: christoph-beat.graber@iew.unibe.ch

This article examines the tension between global trade liberalization and the pursuit of cultural policies by national governments. It reviews the background to the discourse over trade and culture and a range of domestic cultural policy measures. Attention is also focused on the emergent issues governing the relationship between intellectual property, trade and culture, and recent disputes involving these at the WTO. The article then analyses the pervasiveness of globalization and its impact on the way in which cultural goods and services are traded and distributed, using the new media technologies, and its effects on cultural identity. The final section of the article discusses some prospects for the treatment of trade and culture exception to trade is rejected in favour of the application of specific rules governing trade and culture.


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