Jump to ContentJump to Main Navigation
Decoding International LawSemiotics and the Humanities$
Users without a subscription are not able to see the full content.

Susan Tiefenbrun

Print publication date: 2010

Print ISBN-13: 9780195385779

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780195385779.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 26 July 2021

The impact of culture on the semiotics of treaty interpretation

The impact of culture on the semiotics of treaty interpretation

How Pirates Read and Misread the Berne Convention

Chapter:
(p.527) 12 THE IMPACT OF CULTURE ON THE SEMIOTICS OF TREATY INTERPRETATION
Source:
Decoding International Law
Author(s):

Susan Tiefenbrun

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195385779.003.012

China's rampant piracy of American intellectual property costs the United States billions of dollars annually. This chapter examines the impact of cultural factors on a nation's interpretation of an international treaty designed to protect intellectual property rights of authors and artists. It explores the dramatic irony represented in the history and development of U.S. and Chinese adherence to the Berne Convention. It argues that the United States has read the Berne Convention in a manner consistent with the intent of the treaty and has interpreted the implications of the minimum standards it imposes; it is precisely for those hermeneutic reasons that the United States chose not to sign or even adhere to this international treaty for more than one hundred years. In contrast, China superimposed its own specifically Chinese cultural, political, and esthetic values on the European value systems embedded deeply in the Berne Convention. In other words, China read the treaty in its own idiom and interpreted the legal discourse of the Berne Convention in a manner inconsistent with the spirit and intent of the treaty.

Keywords:   China, intellectual property, cultural differences, Berne Convention, international treaty, international law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .