Introduction

The previous chapter concluded that although WTO dispute settlement might clarify some of the exceptions under GATT 1994 and GATS as applied to cultural products, it alone cannot address the other problems with the current treatment of cultural products identified in Part I of this book and thereby provide a satisfactory, long-term solution to this issue. A second possibility would be to construct a new agreement specifically addressing the relationship between cultural policy measures and WTO obligations. The potential advantages of this approach, in comparison with resolution through dispute settlement, include increased predictability on a wide range of related issues, and an outcome that enjoys greater acceptance and democratic legitimacy among Members. However, the possibility of WTO Members reaching such an agreement within the WTO is fairly remote. The difficulty of negotiating these issues explains why the Uruguay Round failed to resolve them in the first place.

From a ‘pro-culture’ perspective, the best possibility for improving the current WTO rules in relation to cultural products may be to reach an agreement on trade and culture outside the WTO.