September 25th 2008 02:03 pm
Antigua and the US Still Disputing
The case between Antigua and the US has been dragging on for five years since 2003 when Antigua began dispute resolution process of the WTO to challenge the ban on cross-border online gambling by the United States. A year later the WTO Dispute Panel ruled for benefits for Antigua, it was said that the limitations on internet casino gambling broke international treaties. The ruling brought internet gambling closer to legalization at the territory of the USA and the rest part of the world.
Then Antigua and the United States started the discussion anew to resolve their trade dispute but they didn’t achieve success since the US stayed firmly at their position that the country’s law bans online casino gambling and so Antigua couldn’t serve the huge American gambling market.
The USA appealed against the World Trade Organization ruling but this ruling was supported on narrower grounds. The General Agreement on Trade in Services the USA is signatory to, makes it illegitimate for the United States to ban free trade or as in this case the internet gambling services provision to the USA from Antiguan based online companies. Since the USA already permits American based companies to conduct online gambling, there wouldn’t be any reason for it to withhold the similar rights from Antigua.
Up to now the USA has not complied with the ruling that it need to revise its laws concerning online casino gambling. Now Antigua has right to impose trade sanctions against the States to stimulate the meeting of international trade obligations to Antigua. However, the USA is considering withdrawal from the foreign provision of online gambling and betting services. It will cause the US to compensate Antigua’s losses, the amount of compensation is still uncertain.
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