The Movies of Others - Tension between Culture and Trade: The Example of the Audiovisual Co-Production Agreement between South Africa and Germany

Abstract

Commitments towards cultural diversity reflect attempts at creating a balance between trade and culture. The aims of such commitments are to avoid the loss of identity of cultural goods through the process of homogenisation and commercialization. Rapid increases in digital technology underscore the necessity of this discussion, as technology accelerates the trade of all products, including products derived from a multitude of cultures. While this certainly represents an opportunity for economic growth, it also has the very real effect of creating an unrestrained, increasingly digitalized market. A market, if dominated by the West, is feared would lead to cultural homogenisation and thus the loss of cultural identity, clearly illustrated through the film industry.Against this background, for most African countries co-production agreements are the key for local content productions; and thereby enforce cultural identity and contribute to cultural diversity and economic growth. The example of the Agreement on Audiovisual Co-productions between South Africa and Germany illustrates the tension and conflict these agreements cause. South Africa and Germany have, according to the UNESCO Diversity Convention, on the one hand the right to conclude such a Co-production Agreement and have even the obligation to endeavour to do so. On the other hand the Agreement violates the Most-Favoured-Nation-principle of the WTO-law; for South Africa in regards to goods and services and for Germany at least in regards to goods because I suggest that Germany’s MFN-exemption has not expired after ten years. Moreover, it potentially violates the SCM-Agreement.Based on this analysis, I will point out some consequences of this legal situation for South Africa and illustrate that local African content is jeopardised. Moreover, the outcome will underline the importance of the reformation of the WTO to make it more culturally sensitive and show how trade commitments can influence a government’s leeway in other fields of politics.