Brawijaya Law Journal : Journal of Legal Studies
Vol 5, No 2 (2018): The Role of State in Contemporary Legal Development

Cultural Concern under Trade and Investment Agreements: Does it Really Work?

Widiatedja, I Gusti Ngurah Parikesit (Unknown)



Article Info

Publish Date
30 Oct 2018

Abstract

There has been a concern over the adverse influence of globalisation on local culture. Trade and investment agreements have included cultural concern in their provisions.  Employing these provisions, countries initiated trade and investment-related measures to secure what they have presumed as cultural traditions and values. This article seeks to examine if the incorporation of cultural concern under trade and investment agreement is effective to reconcile the need for securing culture and the spirit of free trade and free flows of investment. This article is normative research, examining the existing cultural concern under trade and investment agreements, cultural-related measures of particular countries, and how the judicial bodies have responded these measures in their decisions. This article argues that the incorporation of cultural concern has triggered a wide range of cultural-related measures. Nevertheless, the decision of judicial bodies, to some extent, has been effective to shield the purpose of cultural concern, especially to avoid disguise or inefficient protectionism, and to admit the right of countries to protect or promote their cultural traditions and values.

Copyrights © 2018






Journal Info

Abbrev

LAW

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

BRAWIJAYA LAW JOURNAL, Journal of Legal Studies Brawijaya Law Journal (BLJ) is a newly established journal in the field of legal studies. The Journal is published annually by Law Faculty Brawijaya University, Indonesia. BLJ is an open access, peer-reviewed e-journal which aims to offer an ...