Page 167 - Communication Commerce and Power The Political Economy of America and the Direct Broadcast Satellite
P. 167
Liberalization and the Ascendancy of Trade 157
implications of all commodities, see Ian Parker, 'Commodities as Sign
Systems' in Robert E. Babe (ed.) Information and Communication in
Economics (Boston: Kluwer, 1994) chap. 3.
41 Drake and Nicolaidis, 'Ideas, Interests, and Institutionalization,' pp. 66-
8. The opening of the Uruguay Round was delayed by two years in part
due to the disagreement over the inclusion of services. Sandra Braman
reports that EC industrial planning concerns also contributed to this
delay. See Sandra Braman, 'Trade and Information Policy,' p. 365.
42 Jagdish N. Bhagwati, 'US Trade Policy at the Crossroads,' The World
Economy, 12(4) (December 1989) 440--l.
43 US Trade and Tariff Act of 1984, Section 304(a).
44 Under Section 301 of the Trade Act of 1974, the President may 'sus-
pend, withdraw, or prevent the application of, or may refrain from
proclaiming, benefits of trade agreement to carry out a trade agreement'
with the foreign entity involved, and may 'impose duties or other import
restrictions on the products of such foreign country or instrumentality,
and may impose fees or restrictions on the services of such foreign
country or instrumentality, for such time as he deems appropriate.'
45 Sauvant, International Transactions in Services, p. 188.
46 See ibid., p. 190. One of the first service industry complaints filed for
review under the unrevised provisions of Section 301 involved a number
of US television broadcasters who, in 1978, alleged that the Canadian
Income Tax Act unreasonably denied tax deductions to Canadian
advertisers running commercials directed at a Canadian audience over
US border stations when such deductions were available on Canadian
channels. By 1984, legislation was enacted in the US that mirrored the
Canadian law. Another example took place in 1985 when the MPAA
launched a complaint against South Korea because that country's
review and rating system for foreign films was not applied to domestic
productions. A significant aspect of the MP AA complaint involved the
delays in releasing films caused by the process. Prior to filing the Section
301 complaint, the MPAA had lobbied the South Korean government
and complained directly to the GATT, but to no effect. Eventually,
South Korea agreed to cancel its review and rating system and the
Section-301 proceedings were halted. See Brian L. Ross, '"I Love
Lucy,'' But the European Community Doesn't: Apparent Protectionism
in the European Community's Broadcast Market,' Brooklyn Journal of
International Law, XVI (3) (1990) 556 and fn.130.
47 The TRIPS mandate is as follows:
In order to reduce the distortions and impediments to international
trade, and taking into account the need to promote effective and
adequate protection of intellectual property rights, and to ensure that
measures and procedures to enforce intellectual property rights do not
themselves become barriers to legitimate trade, the negotiations shall
aim to clarify GATT provisions and elaborate as appropriate new
rules and disciplines. Negotiations shall aim to develop a multilateral
framework of principles, rules and disciplines dealing with interna-
tional trade in counterfeit goods, taking into account work already