If countries wish to retain cultural policy space, why do they not simply take advantage of the flexibility of the GATS and not schedule commitments that conflict with their cultural policies?
It is important to note that it is not just the GATS that could affect cultural policy measures. With WTO consideration of such issues as investment and competition on the horizon, both of which could affect cultural policy measures, it is clear that the challenge of maintaining cultural policy space extends beyond the services disciplines of the GATS and into other WTO agreements. Indeed, the same challenges are present for other regional and bilateral negotiations and agreements. A Convention would provide an international point of reference on cultural policy that could be put to use to determine the appropriate treatment for cultural goods and services as the rules-based international trading system evolves through bilateral, regional and multilateral agreements. The GATS does indeed have a certain flexibility. WTO Members can choose those sectors in which to schedule market access and national treatment commitments, and can choose the extent of their commitments. Article XIX of th
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