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Zhijie Chen, Jing Zhuo - The Trade and Culture Debate in the Context of Creative Economy: An Adaptive Regulatory Approach from Fragmentation to Coherence :: SSRN June 16, 2014
Zhijie Chen - The University of Hong Kong (PhD Student) -- Jing Zhuo - University of Macau. -- Fourth Biennial Global Conference of the Society of International Economic Law (SIEL) Working Paper No 2014/07. **--** The trade and culture debate has been a long tension without a definite result. It has been widely argued that neither the existing WTO regulatory framework nor the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expression can address the debate. More recently, some emerging domains in the digital age, including digital technology and intellectual property rights, have posed crucial challenges These trends invite the careful reconsideration of the role of law, the dominant legal responses and regulatory approaches; however they have not been paid due attention. This paper investigates a possibly more adaptive regulatory approach for the trade and culture debate under the changed regulatory environment. Compared with cultural industries, it appears that creative industries tend to more properly reflect the status quo of the current economy, and the concept of creative economy could be employed as the concept to design a new regulatory approach for the debate in the digital age. For the WTO regulatory framework, a two-steps approach could be considered. The first step is to formulae the ‘creative economy’ as a legal concept, followed by the second step of introducing the concept into the WTO regulatory framework. It is suggested that such approach could be a more adaptive and coherent regulatory approach for the trade and culture debate in the digital age. -- Number of Pages: 41 - downloaded pdf to Note
paper  SSRN  international_law  international_economics  law-and-economics  international_political_economy  global_governance  UN  UNESCO  culture  diversity  trade-policy  WTO  creative_economy  regulation  regulation-harmonization  digital_humanities  technology  Innovation  convergence-business  globalization  national_interest  public_goods  free_trade  protectionism  IP  property_rights  downloaded  EF-add  change-social 
september 2014 by dunnettreader

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