Beyond a Transatlantic Trade Law of Cultural Diversity Towards Inclusive Capitalism: New Narratives for Post-COVID Sustainability in light of CETA and CUSMA

This article considers that, with regard to the protection and promotion of cultural diversity in bilateral trade, Canada-European Union Comprehensive Economic and Trade Agreement (CETA) and Canada-United States-Mexico Agreement (CUSMA) are the most important agreements among recent Free Trade Agreements (FTAs). This is justified by the scope of these agreements, the extent of the protection and promotion of this diversity, and the partners involved. This article argues that, despite their limits, CETA and CUSMA are successful examples of a transatlantic trade law of cultural diversity. It claims, however, that rich countries should move beyond protectionist measures open to the “happy few” agents of global trade towards more effectively considering developing countries’ needs concerning the protection and promotion of cultural diversity. This concrete action, whose importance has been confirmed by the coronavirus pandemic, should be part of a broader reflection on inclusive capitalism both for rich and developing countries. It requires not only renewed and more effective attention by the supporters of cultural diversity in trade, but also a new US approach towards cultural issues, which should be framed in a renewed multilateralism.