UNESCO文化多样性公约与WTO规则之冲突初探

Conflicts between UNESCO Convention on Cultural Diversity and WTO Rules and Regulations

UNESCO《保护和促进文化表现形式多样性公约》和WTO规则是目前与国际文化产品贸易密切程度最高,同时又是涉及成员方最多的国际公约,这两大公约都对国际文化产品贸易具有重大的影响,但同时,这两大公约之间的关系远没有厘清,且有些条款之间存在法律冲突,这给既是多样性公约成员方,又是WTO成员方之间的涉及国际文化产品贸易的争端带来了困难。囿于文章篇幅的关系,本文对两大公约间存在潜在冲突的地方做一初探。

The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions and the WTO rules and regulations are currently and closely working with the international trade of cultural products,involving the largest members of the party up to international conventions.These two conventions have a significant impact in the relative aspect.However,the relationship between these two conventions is far from being clarified,with some articles having conflicts in law,which makes it difficult to solve the disputes involving the members which belong to both two conventions.This paper focuses on the potential conflicts between the two conventions.