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视听产品贸易中一直贯穿着自由化与限制之争,文化多样性公约的出台使问题变得更为复杂。该公约为其缔约国提供了很多视听产品贸易的限制措施,这些措施无法完全见容于GATT和GATS。因为规范冲突而发生的贸易争端将主要由WTO争端解决机构解决。因为规范冲突引发争端的情况下,WTO争端解决机构无法直接适用文化多样性公约,而只能通过解释考量公约的内容。由于目前尚无相关案例,争端解决机构将会如何处理该问题还要拭目以待。
The dispute between liberalization and restriction runs through the trade in audio-visual products. The issue of cultural diversity has become more complicated. The Convention provides many Contracting States with restrictions on the trade in audiovisual products, which can not be fully seen in GATT and GATS. Trade disputes that take place as a result of regulatory conflicts will mainly be resolved by the WTO Dispute Settlement Body. Because of the conflicts arising from the normative conflicts, the WTO dispute settlement agencies can not directly apply the conventions on cultural diversity, and can only consider the contents of the convention through interpretation. As there is no relevant case at hand, it remains to be seen how the dispute settlement body will handle the issue.