A Study on WTO DS363 Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products– A Review of Relevant Measures of European Union and Taiwan

Autor: Chiung Yu Wu, 吳瓊玉
Rok vydání: 2012
Druh dokumentu: 學位論文 ; thesis
Popis: 100
With the increase of conflict between cultural protection and free trade in WTO system, how to balance between economics and culture is the primary task of a WTO member. A WTO member shall rely on the appropriate measures of cultural policy to improve the development of cultural industry by complying with the rules of WTO. The framework of this thesis is to focus on a study on WTO Dispute DS363 China — Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products. This dispute concerns China's obligations under the WTO Agreement with respect to goods and services relating to reading materials (e.g. books, newspapers, periodicals, electronic publications), audiovisual home entertainment (AVHE) products (e.g. videocassettes, video compact discs, digital video discs), sound recordings (e.g. recorded audio tapes), and films for theatrical release, and the dispute arises over certain measures that affect (i) the importation into China of relevant goods, (ii) the distribution within China of relevant goods, and (iii) services and service suppliers in relation to certain of the above mentioned products. After studying this dispute, in the light of the rulings provided by DSB in the dispute, to compare and exam the relevant provisions and regulations governing investment, publication and distribution service for publications and audiovisual entertainment products in European Union United Kingdom, France, Germany and Taiwan. Finally, providing proposals to these mentioned relevant provisions and regulations of European Union and Taiwan. A summary of this thesis is as follows: 1. In this thesis, first clarify the purpose of study, using research methods to compare, analyze and conclude this thesis, and then list the whole framework. 2. Second, introducing Understanding on the Rules and Procedures Governing the Settlement of Disputes, Secretary, the organization of dispute settlement body including dispute settlement panels, appellate body and expert review group, and then the detailed procedure of dispute settlement. 3. Starting to illustrate WTO Dispute DS363, including factual background, arguments of the parties, products and service at issues and applicable rules, claims, findings, conclusion and recommendations, to work out rulings of application of Article XX(a) of the GATT 1994 and a proposal of how to successfully apply Article XX(a) of the GATT 1994 to the Accession Protocol, and judgment standard in deciding whether any breach of national treatment. 4. Applying rulings of DS363 to compare and exam the relevant provisions and regulations governing investment, publication and distribution service for publications and audiovisual entertainment products in European Union and its members United Kingdom, France, Germany and Taiwan separately. To see whether there is any breach of specific commitments on trading rights and market access commitments or national treatment under GATS by European Union, United Kingdom, France, Germany and Taiwan by way of examination. 5. Finally, providing proposals to European Union and to the Economic Cooperation Framework Agreement (ECFA) between the government of the People’s Republic of China (China) and the Republic of China (Taiwan) in accordance with findings of DS363, and a proposal to loosen domestic relevant restrictions against the China to improve cultural communication between China and Taiwan.
Databáze: Networked Digital Library of Theses & Dissertations