유네스코 문화다양성협약의 쟁점 및 한계

초록

In the context of the multilateral trading system under the WTO, 'cinema exception' clause drafted at the early stage of the GATT is the only provision effectively applicable to secure cultural exception, i.e., a legal foundation of safeguarding cultural industry against foreign access for cultural specificity reasons. The UNESCO Convention on Cultural Diversity adopted in 2005 has been receiving a growing international attention particularly with regard to its legal utility, since the Convention keeps a culture-friendly footing for the sake of actively ensuring the protection and promotion of cultural diversity. Unexpectedly at home, the debate on the Convention has been virtually off since the KORUS FTA ignited temporary interests in it. However, it is undesirable to delay any more the discussion of the Convention, in consideration of the high possibility that trading partners which has ratified it squeeze us to do the same thing in the FTA negotiations. With this motivation in mind and particular attention on the relationship between the Convention and the WTO agreement, this paper seeks to analyze features, controversial issues and limitations of the Convention, and to look for its significance and legal utility.

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