Research On Film Trade Under WTO Regime

In recent years, Chinese government has attached great importance to the construction of the cultural industries.Through market-oriented reforms and the government’s policy support, Chinese film industry is undergoing a stage of rapid development,the film market is further liberalized. Great development potential makes the United States eager to open the Chinese market as soon as possible, and the film trade disputes between China and the United States are also increasingly prominent. In December2009, appellate body report of WTO Dispute DS363China—Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products support many of the key propositions of United States, which means China needs to make adjustments to comply with the trading rights commitments in film import and distribution field, which will have a certain impact on the development of China’s film market.Case DS363involves many WTO rules related to the cultural products, but due to the problem of the GATT/GATS incompatibility,there are difficulties in application of WTO rules for cultural products. This paper mainly centers on the film products,and discusses the conflict and reconciliation between a country’s cultural protection policies and its WTO obligations within the framework of the WTO. By examining the current situation of Chinese film industry,we hope to propose some appropriate countermeasures to improve the legal system of Chinese domestic film and cope with the challenges of the international film market competition.This paper includes four parts as well as an introduction and a conclusion.Chapter one talks about international cultural trade and film trade.It first discusses the relationship between culture protection and free trade,and then introduces international legislation of cultural trade and debates on trade and culture under the regime of WTO.Furthermore,because of the film products as typical cultural products have two different characteristics--one is economics and other is cultural, so that plays a special role in international trade.The author elaborates the regulation of film trade starting with the analysis on the nature of cultural products,it is necessary to regulate on the film trade on the premise that abide by the WTO rules.Chapter two illustrates the WTO rules regarding film products.This part examines the treatment of film products under GATT and GATS,these rules include Article IV GATT relating to cinematograph films, Article XX (a) GATT-the public moral exception,market access and national treatment under GATS.The purpose of this section is to consider the role of WTO and its limitation for the protection of WTO member’s domestic culture.Chapter three investigates the relevant legal issues in case DS363.This part focuses on the dispute about film products,assessing whether China’s measures conform to the WTO rules,analyzing the debates between China and USA as well as adjudications made by the Panel and Appellate Body,then on this basis it discusses the influence on Chinese film industry of case DS363.Based on the development of Chinese film industry,chapter four examines the film censorship system, market access system and distribution system of imported films.Furthermore,by analysis of commitments China made in the Accession Protocal and GATS,the paper proposes some suggestions on how to improve the legal system and deal with international film trade disputes.