China and Cultural Products at the WTO

This short note examines the report by the Appellate Body of the World Trade Organization (WTO) in ‘China – Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products’ (circulated 21 December 2009, adopted 19 January 2010). In particular, it places this dispute in the context of the debate within the WTO and its predecessor, the General Agreement on Tariffs and Trade 1947 (GATT 1947), concerning the relationship between trade and so-called ‘cultural’ products (eg. books, magazines, film, television, radio). It compares the approach of the Appellate Body to the underlying Panel Report, specifically in relation to the identification of cultural products as goods or services, the interpretation of WTO Members’ commitments under the General Agreement on Trade in Services (GATS) in dynamic service sectors such as audiovisual and telecommunications services, and the application of GATT Article XX(a) to China's Accession Protocol