WTO体制下文化产品待遇规则的不足与完善

The Recommendations of Perfecting Cultural Products Treatment Rules under WTO System

为了给全球文化产品贸易提供更好的法律环境,减少贸易争端,文章采用文献归类和类比分析的研究方法,总结出现存WTO协议对文化产品的特殊性制度安排存在诸多不足,如何更好地规范和完善文化产品待遇也成为WTO自由贸易体制发展中的一个重要问题。解决这一问题的角度和途径应该有多种,而对现存WTO协议的完善应该是解决问题的根本所在,也就是应对WTO中关于"银屏配额"、"文化例外"条款规定以及数字产品和国民待遇、市场准入和最惠国待遇规定进行相应的完善。

With the development of economic globalization, the cultural trade has become an important part of international trade. In the past 20 years, the global cultural trade has increased at an alarming rate. However, under the framework of the WTO, there has been a lot of fuzziness. In the provisions related to the cultural products with a better legal environment for global trade of cultural products to reduce trade disputes, the article, by using the literature classified and analog analysis method, summarizes that there are many deficiencies of the existing WTO agreement on the particularity system arrangements of the cultural products . How to standardize and improve the treatment of cultural products has also become an important issue in the institutional development of the WTO free trade. There should be a variety of angles and ways to solve this problem, and the key lies in the perfection of the existing WTO agreements such as the response to the WTO on the silver screen quota, the cultural exception provisions, the digital products, the national treatment, the market access and MFN provisions.