session 9. media globalization and its discontents.

After the hard work done in getting to know the law of the WTO, this session will be more dynamic and less legalistic.
It will explore the effects of globalization on media and how states have reacted upon these. We will look in particular at the tension between trade and culture, and at the concept and regulatory objective of cultural diversity. We will also contemplate whether digital media are differently created, distributed and accessed and if so, what the implications of this may be - in particular for promoting creativity and fostering cultural identities.

Reading materials
Burri, Reconciling Trade and Culture: A Global Law Perspective, JAMLS 41:2 (2011)
Anderson, The Long Tail
UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions

All readings will be of immediate help for those who will present during the interactive session on cultural diversity. They also give a good intro to the session on the challenges and opportunities for global media law.

sessions 7 + 8. international economic law and its relevance for media.

Sessions 7 and 8 focus on the law and policy of the World Trade Organization (WTO). The purpose of the first session of this pair will be to introduce you to the institution of the WTO and its unique characteristics that set it apart from other international organizations. We will also talk about the basic rationales for free trade, about the sweeping process of economic globalization and the need for state co-operation and global rule-setting. While the topic is complex and it does come along with its own and often specific vocabulary, it is critical to understand that a great deal of our domestic policy- and rule-making (also in the field of media) is dependent upon these developments at the global level.
After having gotten the basic idea of the institutional set-up of the WTO and its functions, session 8 will go into the substance of the WTO law. We will firstly look at the underlying principles of non-discrimination (most-favoured-nation treatment and national treatment obligations) and how they are regulated under the GATT (for goods) and the GATS (for services) respectively. We will then focus on those rules of the WTO that are most relevant to telecom and media products and services or were specifically designed to address them.

Reading materials 

Here are all WTO legal texts.
We will pay particular attention to the Marrakesh Agreement Establishing the WTO (the WTO Agreement), the General Agreement on Tariffs and Trade (GATT) and the General Agreement on Trade in Services (GATS).

Roy, Audiovisual Services in the Doha Round

Optional: 
Van den Bossche, The Law and Policy of the WTO, Chapter 4
(this is an abridged version of the chapter; while it is still too long, it could serve well as a reference text in case more clarification is needed on the non-discrimination principles under GATT and GATS).

Optional 
Here are some additional basic reference texts about the WTO:
Understanding the WTO
10 Things the WTO Can Do


Here are some cases exemplifying the theory of comparative advantage (source: Wikipedia).

session 8. the law of the wto (2).

After having gotten the basic idea of the institutional set-up of the WTO and its functions, session 8 will go into the substance of the WTO law. We will firstly look at the underlying principles of non-discrimination (most-favoured-nation treatment and national treatment obligations) and how they are regulated under the GATT (for goods) and the GATS (for services) respectively. We will then focus on those rules of the WTO that are most relevant to telecom and media products and services or were specifically designed to address them.

Reading materials
Roy, Audiovisual Services in the Doha Round

Optional: 
Van den Bossche, The Law and Policy of the WTO, Chapter 4
(this is an abridged version of the chapter; while it is still too long, it could serve well as a reference text in case more clarification is needed on the non-discrimination principles under GATT and GATS).

session 11. regulation for cultural diversity? pros and cons.

The time for the second interactive session has come. We will discuss a topic that we already touched upon in many ways, namely: whether it is justified and in fact doable to regulate for the protection and promotion of cultural diversity? These questions are asked against the background of a globalized media landscape, where we observe the emergence and use of multiple platforms and channels for expression and communication.
Yet, it could be argued that many voices have been marginalized in this environment and local cultures, especially in developing countries, are increasingly lost or (mis)appropriated by powerful globally positioned media companies. On the other hand, one could argue that digital media could make the expression and distribution of such local voices possible and strengthen their cultural value and the identity of the communities and peoples creating them.
It is certain that the picture to be painted is complex and not one of black and white. This makes the discussion particularly interesting and leaves the outcome open. The winning party will be ultimately the one with better structured and presented arguments.

The rules of the game remain the same.
You have however the advantage that you already heard the presentations of your colleagues during the first interactive session, as well as my comments on them.

The reading materials are few. They encompass basically the texts from last session, especially the first one on the list.
Those texts may have a slight bias towards arguments against cultural diversity regulation. Nonetheless, the other party arguing for cultural diversity regulation can make a strong case too. The lack of flexibilities within the WTO regime and the total disregard of cultural concerns are certainly the starting point there. The proliferation of mainstream content and homogenization of media outlets possibly another good point to make. Also, the text of the Convention itself and other short documents made available on the thematic page of UNESCO on culture can help you win the case.
Optional reading with some good data is a chapter from the UNESCO World Report on Cultural Diversity.

I wish both parties good luck for the preparations and look forward to an interesting discussion.

session 8. wto law (part two).

After having gotten the basic idea of the institutional set-up of the WTO and its functions, session 8 will go into the substance of the WTO law. We will firstly look at the underlying principles of non-discrimination (most-favoured-nation treatment and national treatment obligations) and how they are regulated under the GATT (for goods) and the GATS (for services) respectively. We will then focus on those rules of the WTO that are most relevant to telecom and media products and services or were specifically designed to address them.

Reading materials
Roy, Audiovisual Services in the Doha Round

Optional: 
Van den Bossche, The Law and Policy of the WTO, Chapter 4
(this is an abridged version of the chapter; while it is still too long, it could serve well as a reference text in case more clarification is needed on the non-discrimination principles under GATT and GATS)

Here are the slides of session 8.

session 7. the law and policy of the world trade organization. an introduction.

Sessions 7 and 8 focus on the law and policy of the World Trade Organization (WTO). The purpose of the first session of this pair will be to introduce you to the institution of the WTO and its unique characteristics that set it apart from other international organizations. We will also talk about the basic rationales for free trade, about the sweeping process of economic globalization and the need for state co-operation and global rule-setting. While the topic is complex and it does come along with its own and often specific vocabulary, it is critical to understand that a great deal of our domestic policy- and rule-making (also in the field of media) is dependent upon these developments at the global level.

Reading materials 
Van den Bossche, The Law and Policy of the WTO, Chapter 1 (the analysis of economic globalization and its pros and cons will be useful also for session no 8, as well as partially for the interactive session on cultural diversity protection)

Here are all WTO legal texts.
We will pay particular attention to the Marrakesh Agreement Establishing the WTO (the WTO Agreement), the General Agreement on Tariffs and Trade (GATT) and the General Agreement on Trade in Services (GATS).

Optional 
Here are some additional basic reference texts about the WTO:
Understanding the WTO
10 Things the WTO Can Do


Here are some cases exemplifying the theory of comparative advantage (source: Wikipedia).

Here are the slides for session 7.

session 8. wto law (2).

After having gotten the basic idea of the institutional set-up of the WTO and its functions, session 8 will go into the substance of the WTO law. We will firstly look at the underlying principles of non-discrimination (most-favoured-nation treatment and national treatment obligations) and how they are regulated under the GATT (for goods) and the GATS (for services) respectively. We will then focus on those rules of the WTO that are most relevant to telecom and media products and services or were specifically designed to address them.

Reading materials
Roy, Audiovisual Services in the Doha Round

Optional: 
Van den Bossche, The Law and Policy of the WTO, Chapter 4
(this is an abridged version of the chapter; while it is still too long, it could serve well as a reference text in case more clarification is needed on the non-discrimination principles under GATT and GATS)

Here are the slides of session 8.