Cultural Diversity And Free Trade The Case Of The Eu-Canada Agreement

CETA goes beyond traditional approaches to trade liberalization. It extends the scope to non-tariff barriers such as standards, procedures and rules. It also covers areas such as public procurement and intellectual property. Discover new ways to expand your international presence. Canada`s broad (and growing) trade network provides Canadian businesses with preferential access to various markets around the world. On this page, you will find out about Canada`s Free Trade Agreements (FTAs), Foreign Investment Promotion and Protection Agreements (FIPA), Plurilateral Agreements and World Trade Organization (WTO) agreements. Note: The texts of the Treaty on this page are for information purposes only; The official texts of the treaty are published in Canada`s Treaty Series. Use the drop-down menu to search for agreements by group of countries, by type of agreement, or by state. Or use the filter option to search for keywords. Culture is treated asymmetrically in CETA.

Canada has a total exception for cultural industries[2], while the EU limits its exclusion to audiovisual services. This asymmetry is the result of tensions between those who prefer a general exception for culture, mainly French and Canadian actors, and the EU`s preference for a targeted approach. In the end, it was the later that prevailed. A “negative lists” approach covers all sectors except “negative lists”, with the exception of “negative lists”. CETA grants waivers to five separate chapters; Subsidies, investments, cross-border trade in services, domestic regulation and government procurement (see table below for a detailed analysis). Learn more about Canada`s trade and investment agreements: types of contracts and how trade and investment agreements are gradually evolving. Canada and the EU are both signatories to the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, of which Canada and France have been the main promoters[1]. This is expressly recognised in the preamble to the agreement. Concretely, the signatories set out the “right to preserve, develop and implement their cultural policies and to support their cultural industries in order to enhance the diversity of cultural expressions and preserve their cultural identity (including the use of regulatory measures and financial support)”. Accordingly, future legal interpretations of CETA should be made in the light of the spirit of the UNESCO Declaration.

The jurisprudence of the World Trade Organization (WTO) shows that preambles are charged. However, they are not binding and, therefore, the preamble does not replace a total exclusion of culture. The EU and Canada signed the Comprehensive Economic and Trade Agreement (CETA) on 30 October 2016. It will only enter into force after ratification by 38 national and regional parliaments. In this context, we examine the implications of CETA for culture. The most controversial aspect of CETA is investor-state dispute settlement (ISDS). It would allow foreign companies to bypass domestic courts and seek redress if their investments are affected by state measures. In October 2017, the Belgian Walloon region refused the Belgian government to approve the signing of the agreement.

Wallonia has negotiated, in addition to the joint interpretative instrument (the IPI is agreed with Canada), an intra-European declaration paving the way for the signing of CETA. These documents illustrate areas of concern such as ISDS. However, the clarifications are considered insufficient by civil society organizations. In addition to the internal declaration, 38 other non-binding declarations were submitted by Member States and EU institutions. . . .