@article{ART002621180},
author={HYUNHO KWON},
title={Legal Issues on Service Subsidies in the WTO and Implications for the Cultural Industries},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2020},
number={88},
pages={215-243},
doi={10.31839/DALR.2020.8.88.215}
TY - JOUR
AU - HYUNHO KWON
TI - Legal Issues on Service Subsidies in the WTO and Implications for the Cultural Industries
JO - DONG-A LAW REVIEW
PY - 2020
VL - null
IS - 88
PB - The Institute for Legal Studies Dong-A University
SP - 215
EP - 243
SN - 1225-3405
AB - This study attempted to review the meaning of international trade law on subsidies being made in the field of cultural industries. However, with no multilateral rules on service subsidies currently in existence, and discussions through the Working Party on GATS’s Rules being blocked, the discussion on service subsidies provided to cultural industries is bound to be limited. Nevertheless, the discussion is meaningful because it is necessary to review problems that may arise when various policies currently supported to the cultural industries are evaluated in accordance with existing trade laws and to prepare policies to reduce the possibility of future conflicts.
At this level, this study conducted an overall analysis of service subsidies in Chapter 2, and based on this, Chapter 3 addressed the conformity of international trade law on subsidies related to the cultural industries. Through this analysis, the following points should be noted in the discussion of service subsidies in the cultural industries. First, the multilateral trade law that directly deals with subsidies and various support policies provided to cultural industries do not yet exist, so close consideration is required on whether they fall under the “subsidy” and whether they are “specific” under the premise of applying the current SCM agreement. Second, it is also necessary to consider the improvement of existing SCM agreements as well as the discussion of service subsidies in the WPGR currently being held through the WTO. Finally, it is also necessary to consider discussing service subsidies in bilateral and regional trade agreements that can complement the absence of multilateral rules in the reality that most of the service subsidies are related to cultural industries such as audiovisual services. As such, discipline through bilateral and regional trade agreements will serve as a practical criterion to more directly determine the conformity with international trade law on subsidies and support policies in the cultural industry until multilateral trade laws governing future service subsidies emerge.
KW - service subsidy;WTO SCM Agreement;financial contribution;benefit;specificity;cultural industry
DO - 10.31839/DALR.2020.8.88.215
ER -
HYUNHO KWON. (2020). Legal Issues on Service Subsidies in the WTO and Implications for the Cultural Industries. DONG-A LAW REVIEW, 88, 215-243.
HYUNHO KWON. 2020, "Legal Issues on Service Subsidies in the WTO and Implications for the Cultural Industries", DONG-A LAW REVIEW, no.88, pp.215-243. Available from: doi:10.31839/DALR.2020.8.88.215
HYUNHO KWON "Legal Issues on Service Subsidies in the WTO and Implications for the Cultural Industries" DONG-A LAW REVIEW 88 pp.215-243 (2020) : 215.
HYUNHO KWON. Legal Issues on Service Subsidies in the WTO and Implications for the Cultural Industries. 2020; 88 : 215-243. Available from: doi:10.31839/DALR.2020.8.88.215
HYUNHO KWON. "Legal Issues on Service Subsidies in the WTO and Implications for the Cultural Industries" DONG-A LAW REVIEW no.88(2020) : 215-243.doi: 10.31839/DALR.2020.8.88.215
HYUNHO KWON. Legal Issues on Service Subsidies in the WTO and Implications for the Cultural Industries. DONG-A LAW REVIEW, 88, 215-243. doi: 10.31839/DALR.2020.8.88.215
HYUNHO KWON. Legal Issues on Service Subsidies in the WTO and Implications for the Cultural Industries. DONG-A LAW REVIEW. 2020; 88 215-243. doi: 10.31839/DALR.2020.8.88.215
HYUNHO KWON. Legal Issues on Service Subsidies in the WTO and Implications for the Cultural Industries. 2020; 88 : 215-243. Available from: doi:10.31839/DALR.2020.8.88.215
HYUNHO KWON. "Legal Issues on Service Subsidies in the WTO and Implications for the Cultural Industries" DONG-A LAW REVIEW no.88(2020) : 215-243.doi: 10.31839/DALR.2020.8.88.215