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.