Analysis of Culture Provisions in the International Trade Agreements

This paper analyzes the culture rules in the international trade agreements. First, we discuss the culture provisions in the multilateral trade agreements. After analyzing the culture-related provisions in GATT 1994 and GATS, we examine the specific commitments for cultural services, primarily the audiovisual service, which WTO Members made during the Uruguay Round negotiations. Also, we review a number of WTO disputes in which cultural issues had been raised. Second, we analyze the culture provisions in a number of regional trade agreements. They include the provisions in USMCA, Korea-US FTA, Korea-China FTA, Korea-EU FTA and Korea-India CEPA. In particular, we touch upon a variety of special rules for cultural cooperation. Third, we discuss policy implications. They are the well-designed definition of cultural industries, and the adoption of substantively preferential provisions. Finally, we conclude with some future policy issues such as the way to reflect the special features of cultural goods and cultural services in the digital trade agreements and the role of competition laws and policies for the cultural industries.