Title Page
ABSTRACT
Contents
Introduction 12
Chapter I. Analysis on International Cultural Trade 15
1.1. Relation between Trade Liberalization and Cultural Protection 15
1.2. Specificity of Film as the Cultural Product 18
1.2.1. Definition of Cultural Product 19
1.2.2. The Dual Nature of Film as Cultural Products and Its Impact on the WTO Law 20
Chapter II. The WTO Rules Regulating on Trading Rights and Distribution of Film Products 24
2.1. Trade Rules for Goods Regarding Film Products 24
2.1.1. Article IV of GATT: Screen Quota 24
2.1.2. Public Moral Exception 28
2.2. Trade Rules for Service Regarding Film Products 31
2.2.1. Market Access 31
2.2.2. National Treatment 34
Chapter III. Issues of Film Trade in Case DS363 40
3.1. The Case Background And the Procedural Posture 40
3.1.1. The Case Background -- China's Film Sectors: Pre - and Post - WTO Accession 40
3.1.2. A Procedural Posture and Summary of Case Decisions 42
3.2. Debates on the Trading Rights of Film Product 45
3.2.1. Compliance Analysis of Measures on Issues 45
3.2.2. The Nature of Film Products: Good or Service 49
3.2.3. The Application of the Public Moral Exception 54
3.3. Debates on the Distribution Rights of Film Products 60
3.4. The Affects on Chinese Film Industry from DS363 64
Chapter IV. Rethink the Legal Reform of Films for Theatrical Release under WTO 70
4.1. The Legal Reform of Chinese Films Industry under WTO System 70
4.1.1. Open Policy and Protection of Chinese Film Market 70
4.1.2. The Suggestions for China to Improve the Legal System and Cope with International Film Trade Distribute 75
4.2. The Suggestions to Improve the Legal WTO System 89
Conclusion 96
REFERENCE 99