“Cultural Diversity” from WTO Negotiations to CETA and TTIP : More than Words in International Trade Law and EU External Relations

This article contributes to further understanding the meaning of ‘cultural diversity’ as it has developed in the external relations of the European Union (EU). The notion of cultural diversity described here adheres to the definition adopted by the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (UNESCO Convention). This article assumes that the concept of cultural diversity touches upon both economic interests and socio-cultural spheres that have an influence on people’s lives. Using an approach that analyses the law in context, emphasizing the socio-political framework in which this concept has taken shape, this article explores how cultural diversity is depicted in international trade relations. This analysis aims at explaining how cultural diversity was addressed in the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada. During these negotiations, cultural issues have, in fact, been among some of the most debated topics. Canada and the EU share similar, but not identical, understanding of the concept of cultural diversity in international trade. In order to disclose their different positions, this article analyses the development of cultural diversity within the broader contexts in which this notion has taken shape and the conflicting interests involved in its negotiation, promotion and protection. This article examines how the notion of cultural diversity has been portrayed within World Trade Organization (WTO) negotiations on audiovisual services and the contribution of the UNESCO Convention to its development. An analysis of the 2009 China-Publications and AV Products case settled by the WTO Dispute Settlement Body offers insight into how the complex legal and political framework of the EU’s external relations impacts its role in protecting and promoting cultural diversity. Finally, this paper contributes new observations about how CETA has influenced understandings of cultural diversity and offers a few conclusions about the impact that this agreement may have on its effectiveness as a concept. It also includes considerations on how this notion may be shaped by the Transatlantic Trade and Investment Partnership (TTIP) and reflections on the concept of protectionism.