Protecting cultural expressions and national identity


Case Study:

How do you reconcile free trade with the protection of cultural diversity? Free trade in goods and services means that a country will necessarily open itself to foreign influences. Just look at the impact of American fast-food restaurants, hotels, and large retail outlets on the American landscape and particularly on smalltown America. Now imagine the influence of American companies and American culture in foreign countries. Consider the long-term impact of American music and film on the indigenous culture of a foreign country. Despite these impacts, free trade agreements mandate the opening of local markets to foreign goods, services, and advertising, including music and film. The French, as well as French-Canadians, are notorious for trying to manipulate trade rules to preserve their French language and French culture. Examples might include limits on foreign advertising, television programming, or films. Consider the Convention on the Protection and Promotion of the Diversity of Cultural Expressions, which has been ratified or approved by 69 nations and entered into force in 2007. The Convention states that Nations may adopt measures aimed at protecting and promoting the diversity of cultural expressions within its territory. Such measures may include (a) regulatory measures aimed at protecting and promoting diversity of cultural expressions; (b) measures that, in an appropriate manner, provide opportunities for domestic cultural activities, goods and services among all those available within the national territory for the creation, production, dissemination, distribution and enjoyment of such domestic cultural activities, goods and services, including provisions relating to the language used for such activities, goods and services. In addition, a country may take “all appropriate measures to protect and preserve cultural expressions” that are “at risk of extinction, under serious threat, or otherwise in need of urgent safeguarding.” The United States is not a party to the Convention. In response to the Convention, the U.S. State Department stated, “The United States is a multicultural society that values diversity. . . . Governments deciding what citizens can read, hear, or see denies individuals the opportunity to make independent choices about what they value.”

a. Do you feel that countries should limit the influence of foreign cultures in their communities? How should they do that? Do you think that a country should restrict the foreign content of advertising, television, music, or film?

b. Do you think that this Convention might be used as a means of restricting trade in the guise of protecting cultural expressions and national identity?

c. Reconcile the terms of this convention with principles of free trade. What will be the effect on trade in audiovisual products? How would American industry respond?

Your answer must be typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format and also include references.

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Business Law and Ethics: Protecting cultural expressions and national identity
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