1. Culture, Trade, and Environment: James Lee, American University November 2014

2. Moving Trade Rules Beyond Tariffs 1. Post WW2 and Depression: The Growth of GATT, and the Creation of WTO (GATT, World Bank, and IMF, meeting in Havana) 2. Focus on Lowering Tariffs and Extending Members (23 members in 1947; goal to reduce tariffs by 50%, 6 subsequent trade rounds) 3. The Rise of Environmental and Cultural Non-Tariff Barriers (and Labor)

3. Some Trade and Environment Cases 1.Japan Apple Import Ban 2.US Mexico Tuna-Dolphin Case 3.US Ban on Immature Canadian Lobster 4.EC Ban on Canadian Lumber for Nematodes 5.Environmental Beer Taxes (Cans): Ontario, Canada 6.US Ban on Venezuelan Gasoline Imports 7.US Sanctions on Taiwan for End. Species Trade (*Tiger Pills) 8.US Shrimp and Sea Turtle Protection 9.US Ban on Japanese Driftnets From James Lee, “How Much is a Dolphin Worth?”

4. Now Let’s Add Culture: Definitions and Concepts What is culture? “The customs, arts, social institutions, and achievements of a particular nation, people, or other social group” What is cultural trade? GATT/WTO puts it under the category of personal, cultural, and recreational services. EU largest exporter, followed by US. It is regarded as a non-tariff trade barrier in trade rules. Cultural Exceptions to Trade : Initiated by France in 1993 in basic WTO talks Culture and Customs : defining health and safety in context; i.e., legitimate ban on-kosher/halal meat imports in Israel and Saudi Arabia

5. Culture and Trade Examples (TED Cases) The US-Canada Country Music Feud and Cultural Trade Protection http://www1.american.edu/TED/cmtvcan.htm http://www1.american.edu/TED/cmtvcan.htm Sports Illustrated Magazine Sales in Canada and Trade Quotas on Cultural Products http://www1.american.edu/TED/sportsil.ht m http://www1.american.edu/TED/sportsil.ht m French TV Broadcast Quotas and Cultural Protection http://www1.american.edu/TED/frenchtv.htm http://www1.american.edu/TED/frenchtv.htm

6. Trade, Environment and Culture Cases: Culturally Appropriate or Barriers to Trade? EU Ban on Furs Caught in Leg Traps or Baby Seals US Ban on Exports of Bear Parts to China CITES Listings regarding Ivory Trade and Elephant Decline (and the Mammoth Ivory Problem) Hawksbill Turtle and US Sanctions on Japan (Bekko Industry) US Ban on Shark Finning in US Waters; Sharkfin Soup Bats in Guam, Species Protection under CITES and Lacey Act, and Trade Cases are from Trade Environment Database (TED) http://www1.american.edu/ted/

7. Overview of Geographic Indications Protection of GIs date back to perhaps 1500 and French attempts to protect Burgundy wines from cheap British imitations. Wines and spirits have longest tradition. EU uses GI to protect. PDO (origin or process) or PGI (geographic place). Over 1,000 GIs recognized (including non EU country applications) US, Canada and other users trademarks (not patents). NAFTA does contain protected spirits clause covering Canadian Whiskey, Kentucky Bourbon, and Tequila, among others. No progress on WTO agreement in general and on GIs in particular.

8. How the EU Protects Food Products Protected Designation of Origin - PDO : covers agricultural products and foodstuffs which are produced, processed and prepared in a given geographical area using recognized know-how. Protected Geographical Indication - PGI : covers agricultural products and foodstuffs closely linked to the geographical area. At least one of the stages of production, processing or preparation takes place in the area. Traditional Speciality Guaranteed - TSG : highlights traditional character, either in the composition or means of production From EU web site

9. Some GI cases Basmati Rice (*Texmati) http://www1.american.edu/TE D/basmati.htm http://www1.american.edu/TE D/basmati.htm Maryland Crab (*Maryland Style) http://www1.american.edu/TED/blu ecrab.htm http://www1.american.edu/TED/blu ecrab.htm Parmigiano-Reggiano Cheese ”http://www1.american.edu/TED/ parmesan.htm ”http://www1.american.edu/TED/ parmesan.htm Darjeeling Tea: Places and Seeds Darjeeling (*)

10. Some PDO/TSG cases Ingredients: German Beer Purity http://www1.american.edu/TED/g ermbeer.htm http://www1.american.edu/TED/g ermbeer.htm Labeling : Mayan Sweet Onions from Peru (*) Pisco Liquer http://www1.american.edu/TED/pi sco.htm http://www1.american.edu/TED/pi sco.htm

11. Are there Common Principles for Culture and Environment? 1. The Right to Survive 2. The Right of Diversity 3. The Least Distorting Path 4. Pursuit of Sustainability 5. Ownership is a Right

12. Concepts for Discussion How do we reconcile trade efficiency, cultural norms, and environmental protection? Are they equal shares? Is the WTO dispute settlement mechanism capable of adjudicating complicated disputes involving trade, environment and culture?