Culture and trade: Chinese practices and perspectives

ABSTRACT

This paper provides an evaluation of the main characteristics of Chinese domestic cultural policy and international cultural trade strategy. The objective is to assess whether China has developed a type of pattern addressing the culture and trade issue, and to advance meaningful lessons to reconcile cultural diversity and trade liberalization in the context of international law. This paper starts with a brief introduction of Chinese cultural industries and Chinese cultural laws and policies. The analysis then dives into Chinese international agreements, including WTO agreements, the UNESCO Convention 2005, Chinese FTAs, and the BRI. Chinese international cultural practices can be grouped into cultural trade liberalization commitments and cultural cooperation mechanisms. This paper argues that China takes a cautious attitude towards liberalizing cultural trade while holding a relatively open position towards promoting cultural cooperation. The cultural cooperation approach deserves more attention as an alternative route for reconciling cultural diversity and free trade in international law.

KEYWORDS:

• International trade law
• cultural policy
• culture and trade
• Chinese cultural trade policy
• cultural cooperation

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1. Data on cultural goods is collected by the UNESCO Institute for Statistics (UIS) from customs statistics using the Harmonized System classification (HS). UIS defines cultural goods as goods that convey ideas, symbols and ways of life, i.e. books, magazines, multimedia products, software, recordings, films, videos, audio-visual programmes, crafts and fashion, see http://data.uis.unesco.org/index.aspx?queryid=3630

2. The Chinese National Bureau of Statistics issued a classification system dividing cultural industries into core cultural industries and related cultural industries. Core cultural industries refer to news information service, content creation production, creative design service, cultural distribution service, cultural investment management, cultural and recreation service. For a more detailed list, see National Bureau of Statistics: Cultural and Related Industries Classification, 2018, http://www.stats.gov.cn/tjsj/tjbz/201805/t20180509_1598314.html

3. See note 2.

4. For an overview of the services sectoral classification system, see WTO, ‘Services Sectoral Classification List, MTN.GNS/W/120’ (1991). WTO agreements cover any cultural goods and services in any sector. This article uses the term ‘cultural sector’ or ‘cultural goods and services’, including audiovisual services and publications, and any other cultural goods and services.

5. UNESCO, The 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions, 2005.

6. For specific obligations, see UNESCO Convention, Article 10, 11; 7; 8; 13.

7. UNESCO Convention, Article 12, 17; 14; 9, 19; 15, 16.

8. UNESCO Convention, Article 9.

9. UNESCO Convention, Article 23.6.

10. The only subtle substantial liberalization commitment that goes beyond Chinese WTO commitment lies in the China-Korea FTA. China partially liberalized 1) services provided by authors, composers, sculptors, entertainers and other individual artists and 2) theatrical producer, singer group, band and orchestra entertainment services for market access, for the mode of commercial presence. See China-Korea FTA Annex 8-A-2 (Chinese Schedule of Specific Commitment), Sector 10 (recreational, cultural and sporting service sector), A. other entertainment services (Only limited to CPC 96191, 96192).

11. For an overview of the cooperation priorities of the BRI, see https://eng.yidaiyilu.gov.cn/info/iList.jsp?cat_id=10066

12. For an overview of the BRI cultural projects, see https://www.silkroadfutures.net/ and the UNESCO Silk Road Programme https://en.unesco.org/silkroad/

13. For an overview of the SRIFF activities, see http://www.xasriff.com/index.html

Additional information

Notes on contributors

Siqi Zhao

Siqi Zhao is a PhD candidate at the Leuven Centre for Global Governance Studies, Institute for International Law, KU Leuven.