| America claimed that the measures China took affects trading rights and distribution services for certain publications and audiovisual entertainment products in April2007.Pannel report concerning this issue was given to WTO members in August,2009. In December31st, the appellate report was given to WTO members, which entitled America to impose retaliatory tariffs on Chinese products if China do not adjust domestic policies. In July15th,2010, China said it agreed on the report and it would open the market further to American cultural products before March13th,2011. This means that more American cultural products will come to China. Although we can not see the substantial effects yet, this case has given rise to hot discussions among the academic circle.Under this background, the paper selects the topic of China measures affecting trading rights and distribution services for certain publications and audiovisual entertainment products. The Qualitative Analytical Method is used. The whole paper is divided into four parts.Chapter1is the introduction, including the background and significance of the topic, the research situation and the main contents of this paper.Chapter2explains the two major problems China and America argue on. The first one is whether the Chinese measures violated the trading rights in the Protocol on The Accession of The People’s Republic of China and whether the Chinese measures violated the national treatment duty and market access duty. Then the paper gave a conclusion of the two arguing problems. The appellate body was in favor of the American argument the Chinese measures affected the trading rights in the Protocol on The Accession of The People’s Republic of China and Report of the Working Party on the Accession of China. At the same time, appellate body ruled that the Chinese measures violated the national treatment duty and market access duty by preventing the foreign enterprises from distributing the audiovisual entertainment products. Then the paper gave an analysis of the problems of the ruling of the panel and the appellate body.Chapter3introduces the legal issues exiting in the case. These are the scope of "this agreement", the definition of public ethnics and the thing is being necessary to do. In this chapter, we give the conclusion of the panel and appellate body that the measures that China took can not meet these requirements. So China can not hold itself successfully against America by arguing citing the GATT Article20item A.Chapter4analyses the problems in China’s efforts to respond to this case. Only we find these problems, can we give the suggestions to the policy-making person. Then we can maintain the safety of our cultural products and the legal rights on the condition of obeying the WTO rules.In the post crisis era, we are confronted with a severe economic situation. As a country with so many cultural backgrounds, China shall face the cultural produces openness with a broader view to enhance the speed of entering the world. At the same time, by researching this case we can be familiar with the GATT Article20item A. This can give us an advantage when we are confronted with WTO disputes since this item is rarely cited. |
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