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The ‘Cultural Industries’: A Clash of Basic Values? A Comparative Study of the EU and the NAFTA in Light of the WTO. EDAP 4/2004

Neuwirth, Rostam J. (2004) The ‘Cultural Industries’: A Clash of Basic Values? A Comparative Study of the EU and the NAFTA in Light of the WTO. EDAP 4/2004. [Working Paper]

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    Originally coined in the 1940s by protagonists of the Frankfurt School, the concept of ‘culture industry’ was gradually transformed from a derogatory term into the potentially more constructive concept ‘cultural industries’ in the context of the global culture and trade debate. The present article uses three paintings by the Belgian painter René Magritte to visually outline the framework of the conceptual and perceptive challenges, which were introduced by the various technological innovations underlying the various sectors embraced by the cultural industries and highlights some of the consequences these entail for the regulation of international trade. In particular, two legal precedents concerning the periodicals industry -involving, on the one hand, the EU and, on the other hand, the NAFTA and the WTO - are used to highlight the potential for a clash between cultural and commercial considerations as they are conceptually combined in the cultural industries. For the sake of greater clarity it is shown that in the overall regulatory process such a clash can occur either at the level of the legal idea, or the legal norm, or the legal decision. The article concludes by emphasising the need for a balance between cultural and commercial considerations with a view of their mutual reconciliation in the regulation of international trade, both at the global as well as the regional level.

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    Item Type: Working Paper
    Uncontrolled Keywords: Cultural Industries; North American Free Trade Agreement (NAFTA); Trade Linkage Debate; Legal Theory.
    Subjects for non-EU documents: Other international institutions > GATT/WTO
    EU policies and themes > Policies & related activities > culture policy
    EU policies and themes > External relations > international trade
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > European Academy Bozen/Bolzano (EURAC) > European Diversity and Autonomy Papers
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 10 May 2006
    Page Range: p. 24
    Last Modified: 14 Dec 2017 10:57

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