문화보호와 국제통상규범의 조화

Abstract

International economic laws, such as WTO agreements and free trade agreements, require the contracting parties to accord nondiscriminatory treatment to like products, like services and like service suppliers. Cultural value has not been considered as a factor to find likeness of products and services. Thus, cultural products and services has no privilege in international trade. There has been long-time debates over cultural exceptions among major WTO members. Screen Quota provides preferential treatment to domestically produced films. However, it is an exception to national treatment obligation by Article Ⅲ:10 of GATT. Screen Quota affects on trade in services. It may possibly violate the provisions of GATS, because it affects the motion picture projection service and film distribution service. Korea has not open its motion picture projection service under GATS. But, Korea opened its film distribution service without limitations on market access nor national treatment. Thus, Screen Qouta is inconsistent with obligations under GATS. Korea made FTA agreements with Chile, Singapore and the United States. Under these FTAs, Korea opened its service market based on the negative system. The government of Korea reserved Screen Quota as a non-confirming measure with FTA provisions. Its reservation is basically regarding the motion picture projection service. Thus, the possible violation of performance requirement under investment chapter will not arise. However, film distribution service is not reserved under FTAs with Singapore and the United States. This ommission may cause the violation of FTA agreement. The Convention on Cultural Diversity allows its contracting parties to adopt and maintain any measure to promote and protect its cultural expression. Broad scope of the measure, which may be taken under the Convention, and vague meaning of languages used in the Convention, there is possibility of conflict between the international trade laws and the Convention. The Convention orders signatories to perform in good faith all their obligations under the both the Convention and all other treaties. The contracting parties are also required to promote mutual supportiveness between the Convention and all other treaties to which they are parties. In addition, the Convention explicitly provides that the Convention shall not be interpreted as modifying rights and obligations of the contracting parties under any other treaties to which they are parties. If a WTO member takes any measure to protect cultural expression, justification of that measure will be judged only by dispute settlement procedures of WTO and its rules. The Convention on Cultural Diversity can not change the rights and obligations of WTO members.