文化与贸易的较量

• 영문명: Dispute between Cultural and Trade: Focus on the Chinese Publications Market Access Case
• 발행기관: 경희법학연구소
• 저자명: 马 光(Ma, Guang)
• 간행물 정보: 『경희법학』제46권 제1호, 257~276쪽, 전체 20쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2011.03.30

영문 초록

In 19th January 2010, the WTO dispute settlement body adopted appellate body report and panel report which was revised by appellate body report on the “China-Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products” case. In these reports, the dispute settlement body concluded that “by limiting foreign publications and audiovisual entertainment products import to Chinese market”, China has violated to several articles of General Agreement on Trade in Services and its’ commitment on trading right in Protocol on the Accession of the People’s Republic of China. It’s also found that the measures are not justified under Article XX(a) of General Agreement on Tariffs and Trade. Thereafter, in 12th July 2010, the delegation of China and the delegation of the United States informed the Chairman of the Dispute Settlement Body that they have agreed that the reasonable period of time for China to implement the recommendations and rulings of the Dispute Settlement Body in this case shall be 14 months from the 19 January 2010 date of adoption of the DSB recommendations and rulings. Accordingly, the reasonable period of time expires on 19 March 2011. This article concentrates on the appellate body report of this case and makes some comment on this case.

목차

一. 前言

二. 案情简介

三. 贸易权承诺的适用范围

四. GATT例外条款的适用范围

五. GATT第20（a）条的必要性要求

六. 录音制品分销服务的范围

七. 结论

키워드

文化产 品 出版物 视 听 娱 乐 产 品 贸 易权 分销 服务 , Cultural Products Publications Audiovisual Entertainment Products Trading Rights Distribution Services.