Since the liberalization of international trade intensified in the middle of the XXth century, some States wished that goods and services containing a cultural value be put aside from the process of liberalization by means of a cultural exception. Others, on the contrary, considered that cultural industries constitute commodities entirely subjected to the principles of free trade. This thesis analyzes the present debate in order to determine if the cultural value of certain industries is enough to justify a specific treatment in international trade. For that purpose, the study goes back to the historical origins of the problem and attempts to determine if these industries have a specificity, particularly by analyzing their role in a society and by examining their legal nature. Based on these considerations, during the negotiations of the international trade agreements, some States intended to impose their point of view. Some of the latest agreements hold a specific regime to the cultural sector, whereas others did not refer explicitly to these. However, several governments have implemented support measures for their cultural industries, something other States considered violations to the principles of free trade and attacked them on political and legal grounds. Finally, this thesis examines the recent evolutions of the debate, especially at the time of the new round of negotiations within the framework of the WTO. It analyzes, as well, the new questions given arise by the development of new technologies, the new strategies of the States, and the solutions proposed to solve this debate. Most of these solutions refer to the cultural diversity concept, which, in a sense tend to appear as a political objective, which will make it possible to draw some legal conclusions in the field of international trade.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.30802 |
| Date | January 2000 |
| Creators | Michel, Guillaume. |
| Contributors | de Mestral, Armand (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | French |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001784175, proquestno: MQ70354, Theses scanned by UMI/ProQuest. |
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