MBA 610 CASE
MBA-610 FINAL PAPER:ONLINE INTERNET GAMBLING THE WTO DISPUTE BETWEEN ANTIGUA AND THE US
Abstract-Overview:
Couple of decades ago, internet gambling became very popular all over the world. Due to the increasing demand , that gave rise to a numerous of online gambling sites providing online gambling services to customers and almost 60 % of them were US residents1. On the meantime US laws like the Wire Act , the Travel Act and the Illegal Gambling Business Act go against internet gambling but just because the hole issue was not clear and ambiguous created conflicts between the US and affected counties. Trying to stop the internet gambling supply US started prosecuting those online operations bringing them to face justice under US law. It all started when US opened a war against Antigua-Bermuda by restricting them from providing their services on US ground and as a respond to that Antigua filled a complaint alleging that the US had violated its General Agreement on Trade in Services (GATS) agreements with its WTO members concerning free trade in "recreational services"2. After ongoing battles for years the Dispute Settlement Body of the WTO ruled in favor of Antigua and awarded them according to TRIPS the right to suspend 21 million annually in IP rights held by the US firms as a retaliatory measure3.
In this case we will take a look at the background , how it all started and what sequence was followed in this dispute. We will also emphasize keys issues related to this dispute, how each party tried to find legal grounds to support its allegations and how the Dispute Settlement Body came to its conclusions.
Background-History of the dispute:
Antigua-Bermuda is a tropical island in the Caribbean sea in which most of its revenues are coming from tourism. Due to hurricanes and natural disasters they had to rebuilt their telecommunication system to a high quality international fiber optic cables which gave rise after the 1990's to internet gambling suppliers
Abstract-Overview:
Couple of decades ago, internet gambling became very popular all over the world. Due to the increasing demand , that gave rise to a numerous of online gambling sites providing online gambling services to customers and almost 60 % of them were US residents1. On the meantime US laws like the Wire Act , the Travel Act and the Illegal Gambling Business Act go against internet gambling but just because the hole issue was not clear and ambiguous created conflicts between the US and affected counties. Trying to stop the internet gambling supply US started prosecuting those online operations bringing them to face justice under US law. It all started when US opened a war against Antigua-Bermuda by restricting them from providing their services on US ground and as a respond to that Antigua filled a complaint alleging that the US had violated its General Agreement on Trade in Services (GATS) agreements with its WTO members concerning free trade in "recreational services"2. After ongoing battles for years the Dispute Settlement Body of the WTO ruled in favor of Antigua and awarded them according to TRIPS the right to suspend 21 million annually in IP rights held by the US firms as a retaliatory measure3.
In this case we will take a look at the background , how it all started and what sequence was followed in this dispute. We will also emphasize keys issues related to this dispute, how each party tried to find legal grounds to support its allegations and how the Dispute Settlement Body came to its conclusions.
Background-History of the dispute:
Antigua-Bermuda is a tropical island in the Caribbean sea in which most of its revenues are coming from tourism. Due to hurricanes and natural disasters they had to rebuilt their telecommunication system to a high quality international fiber optic cables which gave rise after the 1990's to internet gambling suppliers