Cultural exception
Encyclopedia
Cultural exception is a concept introduced by France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

 in General Agreement on Tariffs and Trade
General Agreement on Tariffs and Trade
The General Agreement on Tariffs and Trade was negotiated during the UN Conference on Trade and Employment and was the outcome of the failure of negotiating governments to create the International Trade Organization . GATT was signed in 1947 and lasted until 1993, when it was replaced by the World...

 (GATT) negotiations in 1993. Some countries had voiced their concerns during the final negotiations of the Uruguay Round
Uruguay Round
The Uruguay Round was the 8th round of Multilateral trade negotiations conducted within the framework of the General Agreement on Tariffs and Trade , spanning from 1986-1994 and embracing 123 countries as “contracting parties”. The Round transformed the GATT into the World Trade Organization...

 that implementation of the GATT principles on cultural goods and services "would undermine their cultural specificity (and unique status), in favour of their commercial aspects".

The purpose of Cultural exception is to treat cultural goods and services differently than other traded goods and services because of the intrinsic differences of such goods and services. Many countries defend the fact that cultural goods and services "encompass values, identity and meanings that go beyond their strictly commercial value". It notably allowed France to maintain tariffs and quotas to protect its cultural market from other nation's cultural products, most notably American films and television. South Korean policy in favor of its movie industry is another example of how cultural exception is used to protect the audiovisual market.

Cultural exception as such does not really exist. First the debate concerned mainly the audiovisual products. Secondly, in the WTO liberalization process, every country decides which sectors it will deregulate. Audiovisual services is one of the sectors where the number of WTO members with commitments is the lowest (30, as of 31 January 2009) (Source: WTO) http://www.wto.org/english/tratop_e/serv_e/audiovisual_e/audiovisual_e.htm

In France in 2005, 65% of its film products were American imports, compared to 90% American imports in other Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...

an film markets.

Cultural exception has been gradually replaced by the more consensual concept of cultural diversity
Cultural diversity
Cultural diversity is having different cultures respect each other's differences. It could also mean the variety of human societies or cultures in a specific region, or in the world as a whole...

 http://muse.jhu.edu/journals/framework_the_journal_of_cinema_and_media/v047/47.1buchsbaum.pdf as shows the adoption in October 2005, of UNESCO
UNESCO
The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations...

's Convention on the Protection and Promotion of the Diversity of Cultural Expressions. Sponsored by France and Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

, the convention was passed 185-2, with four nations abstaining from voting. The notable naysayers were the United States and Israel.

The UNESCO
UNESCO
The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations...

 Convention on the Protection and Promotion of the Diversity of Cultural Expressions is a legally binding international agreement that supports Member-States' wills to assert their right in applying cultural policies and measures that exclude cultural goods and services from international trade agreements.

The United States claims that cultural exception is a form of protectionism that harms global trade and that the UNESCO Convention deals with such protectionism rather than cultural diversity. In addition, it claims that the UNESCO Convention allows for oppressive governments to suppress minority cultural voices. The film industry and other cultural industries in the United States are also against the concept of cultural exception, as it harms their export market, and have lobbied the United States to take its current position against cultural exception.

See also

  • Canadian cultural protectionism
    Canadian cultural protectionism
    Cultural protectionism in Canada has, since the mid-20th century, taken the form of conscious, interventionist attempts on the part of various Canadian governments to promote Canadian cultural production and limit the effect of foreign culture on the domestic audience...

  • Convention on the Protection and Promotion of the Diversity of Cultural Expressions
  • Cultural Diversity
    Cultural diversity
    Cultural diversity is having different cultures respect each other's differences. It could also mean the variety of human societies or cultures in a specific region, or in the world as a whole...


External links

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