Trade,culture and the European Union cultural exception

ABSTRACT

The article examines how the European Union has addressed the ‘trade and culture debate’ in its international trade agreements. From a cultural exception approach based on an attempt to detach culture from trade provisions, the European Union economic agreements seem to evolve to a broader and more holistic position aiming to promote cultural exchanges through cooperation, while still safeguarding policy space in cultural matters through its traditional cultural exception. The article provides an overview of the European positions to defend the specificity of the audio-visual services sector at the multilateral (World Trade Organization Agreements), regional and bilateral levels. It also examines how the implementation of the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions has led the European Union to negotiate cultural cooperation provisions in parallel to some of its recent bilateral and regional trade agreements and the way this Convention may impact the understanding of the ‘trade and culture debate’.     

International treaties and art

International treaties shape the legal context for the arts, provide policy tools for political ends, and reveal roles of the arts in state identity. Culture‐specific instruments, general agreements with cultural provisions, general agreements without culture‐specific provisions, and general statements of principle are all pertinent. Since 1990, treaties have intervened in the global division of labor and the entry of works into the art market, forced transformations of domestic law, and illuminated ways in which differences in legal cultures are valuable for those who would break the law. Treaties highlight complexities of national identity, exacerbate national/regional tensions, support restitution, and draw attention to human rights issues. Conflicts over art have also become an explicit part of the world of foreign policy.     

Trade and culture: the ongoing debate

ABSTRACT

The debate over how to reconcile trade liberalization with cultural policy is a long-standing one. There is great variation in how countries have navigated this debate. Furthermore, evolving individual policy approaches show noteworthy dynamism, largely in response to domestic politics, shifts in the international trading system and technological developments. This special issue explores different approaches to the trade and culture debate across geographic space, as well as the evolution across time through analysis of six cases – Canada, the European Union, South Africa, Latin America, the United States and China.     

日本对外贸易政策的新动向--关于区域自由贸易协定的几点议论

日本与新加坡签署自由贸易协定,表明其对外贸易政策发生了一些变化,它有别于日本一贯主张的“多边主义”,这一变化是建立在对多边贸易政策和区域协定重新认识基础之上的,表现为日本积极参与区域协定的具体行动上,其意图是适应外部环境变化以解决自身的经济问题。     

文化传播与文化变迁

为了解释文化因素的发展过程,本文首先回顾了19世纪以来文化演变和文化传播的研究历史,然后概括了贸易、迁徙和文化扩散作为文化传播的三种方式,并对其作了具体分析。而且对文化变迁的动力,作者也提出了见解。     

Caviar matter(s): The material politics of the European caviar grey market

The last quarter of a century saw the international political community make concerted efforts to regulate global caviar trade and prevent illegal harvesting of critically endangered sturgeon. Ironically, the regulations have enabled the emergence of novel forms of illicit trade which intertwine legal and illegal streams of caviar on the international marketplace. This paper foregrounds these licit-illicit interfaces and argues that the international caviar trade constitutes a ‘grey market’ characterized by a host of laundering practices that entangle legal and illegal caviar flows. Drawing on geographical scholarship on political animals and fleshy geopolitics, the paper theorises how the fleshy material properties of caviar, namely its chemical-isotope profile and composite form, directly shape the European caviar grey market. By highlighting how the materiality of caviar creates grey interfaces between legal and illegal caviar economies, the paper unsettles dominant dichotomized representations of illegal caviar trade which tend to foster overwhelmingly securitized policy-enforcement approaches in Europe. In pointing to the hidden ‘fleshy geopolitics’ surrounding EU enforcement strategies, the paper calls for a reshaping of policy and enforcement which better attends to the grey dimensions of the caviar market and provides increased protection for wild sturgeon populations and marginalised communities located at the Eastern borders of Europe.     

Latin America: trade and culture at a crossroads

ABSTRACT

Trade liberalization took the cultural community in Latin America by surprise, forcing a defensive reaction that took years to generate adequate public policy responses. However, cultural policy has changed unevenly in the region. Two issues became the center of culture and trade debates after the 1990s: cultural industry production and traditional indigenous knowledge. Mexico, by far the largest producer of audiovisual content on the continent, has been reluctant to adopt defensive approaches or red lines during trade negotiations. In fact, Chile is the only country that negotiated a ‘cultural reserve’ in its FTA with the United States. Regarding traditional knowledge, only states with large indigenous populations like Guatemala, Panama but especially Peru, Bolivia and Ecuador in the Andean Region dedicated significant efforts to fight for intellectual property protection for traditional knowledge, including benefit-sharing for the commercial use of genetic resources, derived through indigenous collective knowledge.     

Great expectations – the European Union and cultural policy: fact or fiction?

The European Union secured limited legal ‘competence’ to act in culture in 1992. This article examines the operational context and its complicated and countervailing tensions that make European cultural policy formulation and implementation difficult. Underlying problems originate in the failure properly to define what is meant by ‘culture’ in different contexts or to identify clear and pragmatic policy objectives, although legitimate ‘instrumental’ use of culture is common. The EU’s institutional structures (Council, Commission and Parliament) are often at cross‐purposes, while the national interests of member states can have a negative effect. The structure and internal politics of the Commission ensure that the Directorate responsible for ‘culture’ remains marginal, despite its growing ambition. An attempt to institute an ‘Agenda for Culture’ in 2007 has had some initial success, but given the definitional, legal, political and administrative problems, claims being made for significant progress seem somewhat premature.     

21世纪协调全球贸易与环境的基本原则

本文从总结国际贸易领域面临的环境问题和逐步恶化的趋势入手,分析了协调国际贸易与环境的迫切性和可能性,在此基础上提出了21世纪协调全球环境与贸易发展的五大基本原则,即贸易自由化原则;有区别的承担环境责任的原则;利用宏观经济政策推进区域可持续发展原则;贸易政策与环境政策的逐步标准化管理原则;尊重发展中国家的发展权利与生存权利原则。     

Culture and Legal Policy Punctuation in the Supreme Court's Gender Discrimination Cases

For the most part, punctuated equilibrium scholarship has ignored the legal policy change generated by the Supreme Court. In this study, I address this gap though an examination of the Court's equal protection and gender cases from the 1970s. My case study here has two aims. First, I offer an adaptation of the jurisprudential regimes framework as a device for framing and identifying legal policy punctuations. After identifying Reed v. Reed (1971) as the cut point of such a regime, I then use Reed and its progeny to illustrate the promise of culture in explaining stasis and change, specifically focusing on the concepts of cultural cognition and cultural surprise.     

Designing cultural policy in a postcolonial colony: the case of Puerto Rico

Puerto Rico became a territory of the United States in 1898 with the end of the Spanish-American War. In 1952, the island became a ‘Commonwealth’ through the development and approval of a local constitution. While this political status allows Puerto Rico some degree of autonomy, it nevertheless continues to subject the island to United States federal authority. For the last 60 years, discussions on whether Puerto Rico’s Commonwealth status is a permanent or transitional status has fuelled much of the political debate and public policy of the region, and has been highly influenced by political status ideologies: to become a state of the United States, to maintain the current status, or to become independendent. Budgetary, legal, and commercial dependence on the United States causes constant conflicts in the design and implementation of Puerto Rican public policy in areas such as education, law, and economic development. Likewise, culture has not been exempt from these debates. In fact, cultural differences have caused conflict at all levels – from the theoretical conceptions of culture, to cultural policy and arts management. Moreover, the implementation of cultural policies has also been subject to political ideologies and the concept of culture has variably been seen as an obstacle or strength for specific political purposes. In the midst of a sustained economic crisis, the current Puerto Rican government has proposed the development of a comprehensive cultural policy through a participatory process. The objective of this paper is to present this process as a means of analyzing Puerto Rico’s experience through the challenges in designing and implementing cultural policy within a ‘postcolonial colony’ scenario. This paper will place emphasis on the government’s role, cultural public institutions, and cultural production.     

工业化冲击下的德意志帝国对外贸易及其政策

德意志帝国时期,工业逐步确立起在德国经济中的主导地位。由于工业化的冲击,德意志帝国时期的对外贸易量和外贸结构都发生了巨大变化,德国逐渐成为外向型经济国家。与此同时,德国的对外贸易政策也出现了因时而进的调整。     

Secular cultural policy in Islamic countries: desirability and feasibility

Secularism in Islamic countries is a hotly-debated topic which produces dramatic sociopolitical consequences on the one hand, and wide-ranging academic controversy on the other. The real social potential of secularism among Muslim populations is an issue that is not always estimated properly. The present paper first reviews some historical examples of secular cultural policy in Islamic countries. This review covers the secular reforms in four political, social, legal, and educational spheres. Subsequently, using data from the World Values Survey, it compares empirically the desirability of a public role for religion in 18 Islamic and Western countries. Furthermore, it examines the acceptability of Western secular culture in six countries in the Muslim world. Bearing in mind Casanova’s analytical approach to the theory of secularization, it comes to the conclusion that a democratic application of a secular cultural policy in Islamic countries is neither desirable nor feasible.     

The economic impact of the Australia–US free trade agreement

The Australia–United States Free Trade Agreement (AUSFTA) came into effect in 2005. It was the second preferential trade agreement that Australia signed, after its agreement with Singapore, and marked a departure from the primacy of Australia's previous trade policy of unilateral and multilateral trade liberalisation toward preferential liberalisation. This paper assesses the economic effects of AUSFTA by applying the Productivity Commission's gravity model of trade from its Bilateral and Regional Trade Agreements review. The evidence reveals AUSFTA resulted in a fall in Australian and US trade with the rest of the world—that the agreement led to trade diversion. Estimates also show that AUSFTA is associated with a reduction in trade between Australia and the United States.     

A trade balance: litigation and negotiation in the World Trade Organization's dispute settlement system

The establishment of the World Trade Organization (WTO) has been widely accepted as representing the legalisation of world trading rules. However, it is important to reflect on the limits of this legalisation thesis in terms of the interface between international and domestic policy processes. By locating trading disputes in a political analysis of policy implementation, it is argued that it is difficult to establish conceptually how the WTO dispute settlement system could have authority separate from and above the conventional international politics of trade policy relations. Instead, the article argues that case outcomes should be expected to be largely the product of domestic political institutions and policy processes, and how these intersect with developments in the WTO dispute settlement system. Brief studies of the Australian government's dispute settlement strategy and two high-profile WTO disputes—the US upland cotton and European Union sugar cases—serve to suggest that the authority of international trade law is not as significant as assumed by the legalisation thesis. Rather, domestic politics and institutions have an important impact on the outcome of trade disputes.     

Trade and culture: the United States

ABSTRACT

The US government has long held that cultural goods and services represent an economic sector like any other and should be liberalized. The American cultural and digital industries enjoy a strong competitive advantage and constitute a leading export sector. This US stance has antagonized many countries pursuing cultural policies. This has led the US government to soften its trade strategy and accept financial measures, as well as a broader array of ‘traditional’ cultural regulatory instruments. At the same time, the United States insists on the absence of restrictions in digital networks, through which cultural contents are to be increasingly distributed and accessed. Under the negative-list negotiating approach, whereby everything is liberalized save for specific exceptions, states parties to US trade agreements have secured a varying array of measures. However, only a handful, essentially industrial countries, have secured digital exceptions, the latter coupled with conditions raising questions concerning their applicability.     

中国境外经贸合作区的文化适应性研究——以中埃·泰达苏伊士经贸合作区为例

不同国家在政治体制、经济发展水平、社会文化习俗等方面存在巨大差异,使得中国境外经贸合作区嵌入东道国时产生了制度和文化方面的冲突,出现“水土不服”的窘境,因此境外经贸合作区如何克服文化差异以更好地融入东道国成为研究的科学问题。本文以中埃·泰达苏伊士经贸合作区为例,基于文化尊重、融合和创新等原则,从物质文化、行为文化、制度文化和精神文化四方面探讨合作区的文化适应性。研究发现：①合作区的文化适应性不能一概而论,需要先识别文化类型,再明确各类文化的属性与特征,最后选择恰当的文化适应路径。合作区在物质文化、行为文化、制度文化和精神文化方面的有效适应,可以凝聚成推动其嵌入东道国“土壤”的文化合力,为合作区可持续、高质量发展提供动力。②中埃·泰达苏伊士经贸合作区遵循求同尊异、创新融合的理念,在文化适应性方面取得良好的效果,但也存在属地化管理困难、制度文化有待优化等问题。     

Defining the relationship between Australia and the European Union: is the framework treaty enough?

Australia is currently negotiating a framework treaty with the European Union (EU) that aims at closer cooperation on a wide range of shared policy goals. The treaty is not expected to include trade-liberalisation commitments. This article queries why this is, given the importance of trade and business relations with the EU for Australia, and the fact that the EU exerts international influence primarily as a trade power, rather than a foreign and security policy power. Since 2006, the EU has also been negotiating ‘new-generation’ bilateral free trade agreements (FTAs), focusing on tariffs and regulatory non-tariff trade barriers. It has now committed itself to FTA negotiations with many of Australia's trade partners in Asia and the Organisation for Economic Co-operation and Development. An FTA and a complementary framework treaty were concluded with South Korea in 2010, and the EU is currently negotiating a similar package with Canada. As Australia and Canada are comparable trade partners for the EU, the article argues that an FTA on the EU–Canada model could be a more effective avenue for Australia to achieve deeper engagement with the EU.     

Cultural policy archetypes: the bathwater and the baby

ABSTRACT

Cultural policy archetypes have been fundamental to comparative cultural policy study and continue to be influential in both everyday and scholarly characterizations of national cultural policy systems. This paper explores the proposition that cultural policy archetypes reflect what people believe to be true about culture – their cultural ideologies. Cultural ideologies are integral to the formation of cultural policy and, thus, must be considered in any theory that hopes to measure the extent to which and explain why cultural policies differ. Cultural ideologies embody ideas about why culture is important and how it should be governed. Those ideologies spotlight certain administrative mechanisms, overemphasizing their role in systems that actually are deeply administratively hybrid. This makes archetypes poor tools for analyzing the mechanisms of cultural policy; however, because archetypes tell us about cultural ideologies in straightforward and powerful ways, it is essential that they continue to be a part of comparative cultural policy study.