2017 GLOBAL REPORT Chapter - PowerPoint Presentation

Slide1

2017 GLOBAL REPORT

Chapter

7

Treaties

and

Agreements

VÉRONIQUE GUÈVREMONT

Slide2

Structure and content of the Chapter

 

Part I

Trade

and investment

forums

Part II Other relevant forums

Part III

Article

21

and some cross

-cutting

issues

Slide3

Mega

-regional

partnershipa) Trans-Pacific Partnership (TPT) b) Trans-Atlantic Trade and Investment Partnership (TTIP)B. Trade in services agreement (TISA) C. Other regional and bilateral trade and economic forums a) Regional and bilateral trade agreementsb) Regional and bilateral investment treatiesc) Regional and bilateral dispute settlement and control mechanisms (trade, investment, competition)

Part I

Trade

and investment

forums

[e-commerce]

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Mega

-regional

partnershipTrans-Pacific Partnership (TPT) General presentation of the agreement (structure, scope, parties)Overview of the « cultural clauses » (quantitative evaluation)Qualitative evaluation of the cultural reservationsSpecific comments on e-commerce [U.S. Strategy] and its potential impact on the protection and promotion of the diversity of cultural expressionsCase studies (from GATS, to FTA and to TPT)Canada (step back)Chile or Peru

(step forward)New Zealand (change of direction)

Part I

Trade

and investment

forums

[e-commerce]

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Mega

-regional

partnershipb) Trans-Atlantic Trade and Investment Partnership (TTIP)EU position on audiovisual servicesEU negotiation mandateUS position

Part I

Trade and investment forums [e-commerce]

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B. Trade

in services agreement (TISA)

Context of the negotiation (forum, relation with GATS/WTO)Parties to the negotiation (23 Parties to the negotiation, 16 Parties to the 2005 Conv)State of the negotiation (ongoing, some texts are available from different sources)Structure of the agreement (hybrid model)Position papers published by some Parties (cultural services, audio-visual services)Part I Trade and investment forums

[e-commerce]

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C. Other

regional and bilateral trade and economic forums

Regional and bilateral trade agreements(Agreements concluded in 2015, 2016, 2017)the incorporation of a reference to the Convention and/or its objectives and principles: Xthe adoption of a cultural cooperation protocol: X ***(SK/Vietnam; SK/China)the inclusion of a cultural exemption: + de 50 %the use of positive lists of specific commitments: yes

the

formulation of some reservations: yes9 new agreements (in force or signed) – NZ, SK, Peru, AUS, Vietnam, Honduras, China, Canada, Ukraine, …)22 in negotiationRe-negotiation of the NAFTA ???

Part I

Trade

and investment

forums

[e-commerce]

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C. Other

regional and bilateral trade and economic forums

b) Regional and bilateral investment treatiesMain trends (bilateralism, regionalism, multilateralism (OECD, WTO…)Analysis of 116 BIT, concluded by 81 States+EU (64 Parties to the Convention)Only Canada, EU, France and USA make reservations related to culture in their BITArbitration cases:Canada/UPS (US) – Discrimination against UPS Ukraine/Lemire (US) – None attribution of radio frequencyEgypt/Al Jazeera (Qatar) (pending) – Destruction of media business

Part I

Trade and investment forums [e-commerce]

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2016

Al

Jazeera v. EgyptAl Jazeera Media Network v. Arab Republic of Egypt(ICSID Case No. ARB/16/1)Applicable IIAEgypt - Qatar BIT (1999)Summary of matters

at issueDetails of investmentInvestments in multimedia broadcasting operations

.

Summary

of the dispute

Claims

arising

out of

alleged

destruction of the

claimant’s

media business in

Egypt

, by

means

of

arrest

and

detention

of

employees

,

attacks

on

facilities

,

interference

with

transmissions and

broadcasts

,

closure

of offices,

cancellation

of

claimant’s

broadcasting

licence and

compulsory

liquidation of

its

local

branch

.

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C. Other

regional and bilateral trade and economic forums

c) Regional and bilateral dispute settlement and control mechanisms (trade, state aid, competition)* New cases - 2015, 2016, 2017State aids: 8 cases involving cultural issuesNo explicit reference to the 2005 ConventionSome references to art. 107(3) TFEU (d) aid to promote culture and heritage conservation)European court of justice: no new cases involving cultural issues

Other regional

courts: no new cases involving cultural issuesPart I Trade and investment forums [e-commerce]

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SA

.36672 (2013/NN) – France, Financement de la société nationale de programme France Médias Monde – FMM,

2015State Aid SA.41085 (2015/N) – Spain, Rescue aid to Editorial Everest, 2015State Aid SA.42308 (2015/N) – Sweden, Amendments to the Swedish Press Aid Scheme, 27-11-2015State Aid SA.43878 – Spain, Aid for cultural periodicals, 26-01-2016State Aid SA. 44681 (2016/N) – Croatia, Croatian book publishing programme for the period 2017-2022, 04-04-2016State Aid SA.44942 (2016/N) – Spain, Aid to local media published in the Basque language, 04-08-2016State Aid SA.40170 (2014/N) – Spain, Modification of Spanish scheme for tax deductions in cinema and audiovisual productions, 14-12-2015;Aides d’État SA.42419 (2015/N) – France, Crédit d’impôt cinéma et audiovisuel et Crédit d’impôt pour les œuvres cinématographiques et audiovisuelles étrangères – modifications, 29-09-2015

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International

organizations and initiatives

Organisation internationale de la Francophonie (Explicit references to the CDCE)OECD (References to some objectives/principles of the CDCE)IUT (References to some objectives/principles of the CDCE)SCBD (Explicit references to the CDCE)UN-GA, Resolutions (Culture and Dev; multilingualism; Iraq heritage; return cultural goods)UN-ECOSOC - Follow up WSIS (ref. to cultural considerations and development)UNWTO ((Explicit references to the CDCE; references to cultural industries; link with cuture and sustainable development)

WIPO (nothing..)

Part I I Other relevant forums

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Regional

organizations and

initiativesMERCOSUR – Declaration of the Council (Explicit references to the CDCE)CARICOM (X)PACIFIC COMMUNITY (Explicit references to the CDCE)Others to come…Bilateral initiatives To come…

Part I

I Other relevant forums

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Trade, culture and digital technologies (e-commerce) – and the adaptation of national policies

Trade, investment and public media services (reservations, commitments relating to State enterprises, …)“Sustainable development” as a bridge to introduce “culture” in the work of other international organization and forums Inter-ministerial coordination and mobilization of civil societyPreferential treatmentPart I II Article 21 and some cross cutting issues

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Parties

promote the objectives and principles of the Convention in other international and regional

forumsTable - non exhaustive list of trade agreements promoting the objectives and principles of the Convention (dates, parties, other relevant information…) OKTable - non exhaustive list of other legal instrument promoting the objectives and principles of the Convention (dates, parties, other relevant information…) OK International and regional treaties and agreements a) refer to Convention and b) are evaluatedTable - non exhaustive list of trade agreements explicitly referring to the Convention (dates, parties, other relevant information…) No new agreement has been identified for the momentTable - non exhaustive list of other legal instrument explicitly referring to the Convention (dates, parties, other relevant information…) OK 

Indicators

and means of verification

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Policies and measures to implement international and regional treaties and agreements that refer to the Convention are a) established and b)

evaluated *** Very difficult to work with this indicator. There is no evidence for this yet…Indicators and means of verification

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Any agreement negotiated between parties to the 2005 Convention should contain an explicit reference to that instrument when such negotiation takes place in the field of culture or in any area likely to have an impact on the diversity of cultural expressions;

When such negotiation involves non-state parties, the new agreement should at least contain an explicit reference to the objectives and principles of the 2005 Convention;

The parties should refrain from taking commitments to liberalize electronic commerce, unless these commitments are compatible with the exercise of their right to adopt and implement policies of their choice to protect or promote the diversity of cultural expressions;Any trade and investment agreement, in particular those negotiated between a developed and a developing country, should contain provisions granting preferential treatment to artists and other cultural professionals and practitioners, as well as cultural goods and services from the other country. Recommendations

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2017

Global

Report – Indicators3 core indicators to monitor: 7.1 Parties promote the objectives and principles of the Convention in other international and regional forums 7.2 International and regional treaties and agreements a) refer to Convention and b) are evaluated7.3 Policies and measures to implement international and regional treaties and agreements that refer to the Convention are a) established and b) evaluated

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7.2 International and regional treaties and agreements a) refer to Convention and b) are evaluated

Explicit references to the Convention in multilateral, regional and bilateral

culture agreements Explicit references to the Convention in multilateral, regional and bilateral trade agreements Explicit references to the Convention in other international and regional agreements (e.g. UN Sustainable Development Goals, Eu Digital Single Market)

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7.1 Parties promote the objectives and principles of the Convention in other international and regional forums

Evidence of Parties intervening in international or regional ministerial meetings/events to promote the objectives and principles of the ConventionEvidence of Parties advocating for the inclusion of culture in international and regional development agendasEvidence of Parties engaging in dialogue with States not party to the Convention to encourage ratification

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7.3 Policies and measures to implement international and regional treaties and agreements that refer to the Convention are a) established and b) evaluated

Measures to implement provisions for cultural goods and services outlined in multilateral, regional and bilateral

culture agreements that explicitly refer to the ConventionMeasures to implement provisions for cultural goods and services outlined in multilateral, regional and bilateral trade agreements that explicitly refer to the Convention, or its objectives and principlesMeasures to implement provisions for cultural goods and services outlined in other international and regional agreements

with explicit references to the Convention, or its objectives and principles