Un droit promotionnel de la diversité culturelle « en montagnes russes » : l’Union européenne et le Canada du cycle d’Uruguay à l’Accord Canada‒États-Unis‒Mexique (ACEUM)

This article aims to analyze the challenges for the promotional function of law, as theorized by Norberto Bobbio, in the cultural sphere, in the context of multilateral and bilateral trade. In particular, this article aims to analyze multilateral negotiations conducted within the WTO, free trade agreements (FTAs), and, most generally, the most “legally relevant steps” for the EU and Canada with regard to the protection and promotion of culture in their external trade relations. Concerning the FTAs it focuses on CETA, TPP, CPTPP and CUSMA as well as on TTIP negotiations. This article argues that the positions of the EU and Canada can no longer be considered constant over time. On the contrary, since the adoption of the FTAs they vary significantly. According to the negotiations/agreements, the incentives for the audiovisual sector or, more generally, for the cultural industries, are more or less protected and go through “ups” and “downs.” Regarding the possibility for the EU and Canada to introduce and retain support schemes for cultural diversity, the article suggests the metaphor of a promotional law of cultural diversity on a roller coaster ride. The analysis of each negotiation, agreement, or “step” therefore becomes essential to understand how the EU and Canada address the challenge of using promotional law to encourage culture, and therefore cultural diversity, in the face of global trade. This is accomplished by applying an approach of law in context, which makes it possible to uncover the economic and sociopolitical interests at stake. Furthermore, this article explores the challenges for a promotional law of cultural diversity both of the broader geopolitical framework, in which China has become a major player in global trade, and of the digital environment. In concluding the analysis on these topics, it underlines that they will highly likely be a source of conflict in the implementation of FTAs, as well as in future negotiations.