Throughout the 20th century, the culture and trade debate evolved with the emergence of related concepts, such as cultural industries, cultural specificity, and cultural diversity. Traditionally, the dominant regulatory method in approaching the relationship between cultural concerns, on the one hand, and of trade concerns, on the other, consisted in the formulation of general or particular exceptions aimed at separating culture from trade. Only gradually, and backed by drastic advances in technologies affecting the cultural industries, the traditional regulatory method shifted towards a more inclusive approach by virtue of the use of so-called “integration clauses”. Put briefly, the dominant approach changed from one of “exclusive inclusion” towards one of “inclusive exclusion”, given that the greater integration of cultural concerns in commercial contexts at the level of substantive law was, at the international level, not matched by a major shift towards greater institutional coherence. The recent concept of the “creative economy” can thus be regarded as a new opportunity to rethink not only the scope and content of the cultural and trade debate but also the principal features of the role of law in tackling the challenges that lie ahead.

In this book, Juneyoung Lee analyses the nexus between trade and culture, from domestic, regional and global perspectives, combining the multidisciplinary perspectives of international law, sociology and international studies.

Throughout the 20th century, the culture and trade debate evolved in parallel with the emergence of related concepts, such as cultural industries, cultural specificity, and cultural diversity. Traditionally, the dominant regulatory method in approaching the relationship between cultural concerns, on the one hand, and of trade concerns, on the other, consisted in the formulation of general or particular exceptions aimed at separating culture from trade. Only gradually, and backed by drastic technological advances affecting and transforming the nature of economic offerings particularly in the area of the pioneering cultural industries, the traditional regulatory method shifted towards a more inclusive approach by virtue of the use of so-called “integration clauses”. In practical terms, however, the dominant regulatory approach changed from one of “exclusive inclusion” towards one of “inclusive exclusion”, given that the greater integration of cultural concerns in commercial contexts at the level of substantive law was, at the international level, not matched by a major shift towards greater institutional coherence. As a possible remedy, the recent emergence of the concept of the “creative economy” can thus be regarded as a new opportunity to rethink not only the scope and content of the cultural and trade debate but also the principal features of the role of law in tackling the important governance challenges that lie ahead.

The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) was adopted in 2005 and designed to allow States to protect and promote cultural policies. This book examines the effectiveness of the CDCE and offers ways by which its implementation may be improved to better attain its objectives. The book provides insight in how the normative character of the CDCE may be strengthened through implementation and increasingly recurrent practice based on its provisions. Hailing from various fields of international law, political and social sciences, the book’s contributors work to promote discussions on the practical and legal influence of the CDCE, and to identify opportunities and recommendations for a more effective application. Part One of the book assesses the effectiveness of the CDCE in influencing other areas of international law and the work conducted by other intergovernmental organizations through the recognition of the double nature (cultural and economic) of cultural goods and services. Part Two focuses on the practice of the CDCE beyond the recognition of the specificity of cultural goods and services in international law by addressing the CDCE’s call for greater international cooperation and stronger integration of cultural concerns in development strategies at the national and regional levels. The book will be of great use and interest to academics and practitioners in law, social and political sciences, agents of governmental and international organizations, and cultural sector stakeholders.

The trade and culture debate has been a long tension without a definite result. It has been widely argued that neither the existing WTO regulatory framework nor the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expression (UNESCO CDCE) can address the debate. More recently, some new emerging domains in the digital age, including digital technology and intellectual property rights, have posted crucial challenges as well. These new trends invite the careful reconsideration of the role of law, the dominant legal responses and regulatory approaches, however they have not been paid due attention. To this end, this paper attempts to investigate a possibly more adaptive regulatory approach for the trade and culture debate under the changed regulatory environment. Compared with cultural industries, it appears that creative industries tend to more properly reflect the status quo of the current economy, and the concept of creative economy could be employed as the concept to design a new regulatory approach for the debate in the digital age. Building upon this, the global governance debate seems to be a holistic approach for the trade and culture debate in the digital age. For the WTO regulatory framework, a two-steps approach could be considered. The first step is to formulae the 'creative economy' as a legal concept, followed by the second step of introducing the concept into the WTO regulatory framework. It is suggested that such approach could be a more adaptive and coherent regulatory approach for the trade and culture debate in the digital age.

This book attempts to reconcile the concept of free trade with a key non-trade social value - cultural diversity - in an era of economic globalisation. It first shows how we can look at culture in many different ways, and explains why we should care about cultural diversity. The book then examines the challenges that policymakers are faced with in formulating cultural measures in the new media environment, and analyses UNESCO's theories and approaches to cultural diversity. This is followed by a comprehensive examination of the treatment of 'culture' in global and regional trade agreements, including the framework of the GATT/WTO system, the WTO's judicial practice involving cultural products, and the treatment of culture under the EC/EU and NAFTA. This identifies the challenges trade norms encounter in dealing with cultural products. The author seeks to formulate a balanced view of the challenge of protecting and promoting cultural diversity while also recognising the important goal of trade liberalisation. To this end Professor Shi proposes a dual method through which the norms found in WTO agreements and in UNESCO cultural instruments may be brought into alignment: the first highlighting the compatibility of cultural policy measures with trade obligations on a domestic level, the second suggesting potential linkages between the WTO rules and the UNESCO Convention from the perspectives of treaty interpretation.

There is a growing recognition of the role that culture can play in sustainable development strategies. This development has generally been welcomed, but also raises a number of questions: What are the implications in policy and practice? Who are the most influential voices in promoting a global agenda for culture and development, and to what extent has the creation of new international policy instruments reflected a consensus? More fundamentally, what is meant by "culture" in these discussions and who has the power to give particular definitions political and legal authority? The Politics of Cultural Development seeks to provide a theoretically and historically informed response to such questions, illustrated by reference to case studies (including the European Union, the Caribbean and China). Particular attention is paid to the formation of the UNESCO Convention on the Protection and the Promotion of the Diversity of Cultural Expressions, a landmark instrument in debates about culture and development. The book goes on to explore some of the practical implications that this international treaty is beginning to have for the ways that culture is (and is not) being integrated into contemporary development policy and practice. This book will be useful for students, academics and policymakers in the fields of international development, international relations, international political economy, cultural policy and cultural theory.