The political dimensions
of the CDCE
Antonios Vlassis
Researcher, Center for International Relations Studies, University of Liege, Belgium
Introduction
Convention on diversity of cultural expressions: cultural
public policies; specificity of cultural goods and services; culture
in the development policies; reinforcement of the international
cultural cooperation.
Political dimensions of an international law instrument
CDCE within the global governance of culture
CDCE as a part of a whole picture
Global governance of cultural industries: system for
organizing the relations of power and of regulation at the world
level, affecting several aspects of cultural goods and services
(creation, production, distribution, exhibition, etc.).
Introduction
An international law instrument is not built and it is not
implemented in a vacuum
Understanding the nature and objectives of the CDCE
A. CDCE’s building
B. CDCE’s implementation
C. CDCE’s perspectives
A. CDCE building
Cultural
exception/international-regional economic integration
General Agreement on Trade
in Services
North Atlantic Free Trade
Agreement
Negotiations on a Multilateral
Agreement on Investment
Culture and
development/UNESCO
MONDIACULT, 1982
World Decade for Cultural
Development
Report “Creative Diversity”
Stockholm Intergovernmental
Conference on Cultural
Policies for Development,
1998
A. CDCE building
The diversity of cultural expressions is built both on the overrun of a cultural exception from trade negotiations and on the creative diversity, conceptualized by UNESCO
Economic globalization and cultural identities/cultural policies Big coalition of actors
International negotiations and controversial points Compromises and ambiguous consensus
B. CDCE implementation
The CDCE is the first multilateral legal instrument to include
concrete provisions for the link between culture and development
The IFCD is one of the main tools of the CDCE for promoting
sustainable development and poverty reduction in economically
“developing” and “least developed” countries through the development
of cultural industries and of cultural sector.
Big hopes and low resources
Irregular contributions
B. CDCE implementation
Trade-culture interface: US bilateral agreements challenging the CDCE
objectives.
Lack of expertise, lack of pressure, lack of political will, culture as secondary priority, lack of alliances.
Seven countries - Oman, Panama, Bahrain, Guatemala, Honduras, Nicaragua
and El Salvador - have not submitted specific reservations, whereas six
countries, namely Australia, Singapore, Chile, Costa Rica, Peru and Colombia
have developed some reservation lists for the cultural sector.
EU protocol on cultural cooperation: new policy instrument in order to promote the CDCE via trade agreements.
Cariforum, South Korea, Central America, Peru/Colombia.
Beyond the dichotomy ‘inclusion or exclusion’ of cultural goods and services within the agenda of trade negotiations.
C. CDCE perspectives
Digital cultural services, US administration and new trade agreements
Transpacific Partnership including 12 countries; Transatlantic Partnership between European Union-US; Trade in Services Agreement including 24 economies.
Traditional cultural services # Digital media services
2009-2013: Apple iTunes division from 4 billion USD to 16 billion USD; Amazon (sales audiovisual media) from 7.6 billion USD to 13 million USD; YouTube from 0.5 billion USD to 5.6 billion USD; Netflix from 1.6 billion USD to 4.3 billion USD.
US surplus in cross-border trade in audiovisual services: 13.6 billion USD in 2012 (11.4 billion USD in 2008).
Prevent the capacity of States to take regulatory and financial policies within the digital cultural sector
C. CDCE perspectives
International debate on the place of culture within the
post-2015 development agenda
Broad and composite coalition of actors
Group of friends ‘Culture and development’ (UN Assembly)
Agenda post-2015: mentions to culture in the broadest sense
are minor
Reluctance and resistance from the majority of European
and North-American countries
In closing
A. Adapt the CDCE to the digital challenges
Two reports, the first prepared by the ‘International Network of Lawyers for the Diversity of Cultural Expressions’ (Quebec’s Laval University) and the second by the ‘Research Center on the integration and globalization studies’ based at the Quebec University of Montreal.
Making the CDCE’s normative framework consistent to the development of new technologies Challenge: convince a big number of Parties about the importance of the cultural policies in an digital era, something that is not so evident for some countries.
B. Maintain the largest policy space as possible in the cultural field, by excluding commitments in cultural sectors from new trade agreements.
Exclusion covering the digital cultural sector
Building a common position on the way the Convention should be applied to the « trade