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legal
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 Posted: Fri Feb 13, 2009 6:48 pm Post subject: Role of Third Parties to the WTO Gambling Dispute |
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On third parties to the dispute:
China, the EC and Japan to participate as Third Parties to compliance review:
Synchronicity
CD Audio
Featuring Sting classic, Every Breath You Take
Sing along with young Sting and the third parties at YouTube.com.
| Quote: | Every Breath You Take
Every move you make
Every vow you break
Every smile you fake, every claim you stake
I'll be watching you
Every move you make, every step you take
I'll be watching you
I'll be watching you |
| Quote: | Click all documents to preview document 06-3908 dated Aug. 16/06, Antigua's recent request for a panel review of U.S. compliance with recommendations issued last spring:
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| Quote: | Recourse to Article 21.5 of the DSU by Antigua and Barbuda
1. At its meeting on 19 July 2006, the Dispute Settlement Body (DSB) decided, in accordance with Article 21.5 of the DSB, to refer to the original Panel, if possible, the matter raised by Antigua and Barbuda in document WT/DS285/18.
2. At that DSB meeting, it was also agreed that the Panel should have standard terms of reference as follows:
"To examine, in the light of the relevant provisions of the covered agreements cited by Antigua and Barbuda in document WT/DS285/18, the matter referred to the DSB by Antigua and Barbuda in that document, and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements."
3. The Panel is composed as follows:
Chairperson: Mr Lars Anell 1
Members: Mr Mathias Francke and Mr Virachai Plasai
4. China, the European Communities and Japan have reserved their rights to participate in the Panel proceedings as third parties.
1 The Chairperson of the original Panel, Mr B. K. Zutshi, and one of the panelists, Mr R. Plender, were not available for these proceedings. The parties agreed that they should be replaced by, respectively, Mr Lars Anell as Chairperson, and Mr Mathias Francke as panelist. |
View the full text of Article 21.5 of the DSU, Surveillance of Implementation of Recommendations and Rulings:
| Quote: | 5. Where there is disagreement as to the existence or consistency with a covered agreement of measures taken to comply with the recommendations and rulings such dispute shall be decided through recourse to these dispute settlement procedures, including wherever possible resort to the original panel. The panel shall circulate its report within 90 days after the date of referral of the matter to it. When the panel considers that it cannot provide its report within this time frame, it shall inform the DSB in writing of the reasons for the delay together with an estimate of the period within which it will submit its report.
See also the special provisions under Article 21 available to complaining Members who are developing countries:
7. If the matter is one which has been raised by a developing country Member, the DSB shall consider what further action it might take which would be appropriate to the circumstances.
8. If the case is one brought by a developing country Member, in considering what appropriate action might be taken, the DSB shall take into account not only the trade coverage of measures complained of, but also their impact on the economy of developing country Members concerned. |
Gambling 911
Antigua meets with third parties in international gambling dispute
Oct. 18/06
| Quote: | Antigua and Barbuda's delegation to the World Trade Organisation (WTO), led by Ambassador John Ashe and which included Mark Mendel, legal adviser, and Elliott Paige, Minister Counselor, , held consultations in Geneva on Tuesday with representatives from the European Communities, Japan and China, third parties to its Internet gaming case against the United States. Briefing sessions were also held with representatives from Brazil, Barbados, Jamaica and Trinidad and Tobago.
... In addition to next week's third party submissions, the panel is also expected to receive a rebuttal by Antigua and Barbuda on the U.S. submission in three (3) weeks time. This will be followed by a rebuttal by the U.S. some two (2) weeks later. The panel will then convene its first hearing sometime in November and issue a final ruling in January or February, 2007. |
WTO replies to our request for publication of third party submissions:
| Quote: | From: Enquiries, WTO
To: legal
Sent: Thursday, November 02, 2006 7:03 AM
Subject: RE: Antigua- US Cross-Border Betting Dispute
Hello,
Thank you for your recent enquiry.
You'll have to check the websites of the parties and third parties. They each decide for themselves whether and when to upload their own submissions onto their own website. The WTO Secretariat is not authorized to upload submissions onto its website.
We hope you find this information helpful.
WTO Enquiries |
The Register
Antigua attorney speaks out on landmark WTO case
DOJ, USTR keep heads in sand
By Burke Hansen
July 16/07
| Quote: | And what about our other trading partners - the Europeans, the Japanese, and the Chinese? You mentioned at GIGSE that you were in contact with the Europeans on this. Have you talked to the Japanese representative, or the Chinese?
We have spent some time talking to a number of other countries who are either allies or with which we share some common interests. I led a group meeting of the European Union, Japan, Macao, Costa Rica, Canada and India this past week to discuss our joint interests in this case, and in particularly the threats to the system that the United States behaviour poses. For a wee tiny country, we have actually gotten quite a bit of important support in the WTO. While a number of members aren't so hot on the whole issue of gambling, very clearly this case poses a test of the fairness of the overall system, and virtually everyone is following it closely |
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Link to this entry
http://pokerpulse.com/legal/viewtopic.php?p=634#634
Last edited by legal on Wed Aug 19, 2009 12:21 pm; edited 3 times in total |
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legal
Site Admin
Joined: 18 Aug 2004
Posts: 510
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| Posted: Fri Feb 13, 2009 6:51 pm Post subject: |
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U.S. declines to join UK gambling summit:
Forbes.com
Britain criticizes U.S. on-line gambling ban
By Jane Wardell
Oct. 27/06
| Quote: | Britain's culture secretary on Friday compared the U.S. crackdown on online gambling to the failed alcohol ban of the Prohibition as she prepared to host an international summit on Internet gambling next week.
Tessa Jowell warned that the U.S. ban on Internet gambling would make unregulated offshore sites the "modern equivalent of speakeasies," illegal bars that opened in 1920s America when alcohol was banned. (More on Prohibition and the Volstead Act).
U.S. Congress caught the gambling industry by surprise earlier this month when it added to an unrelated bill a provision that would make it illegal for banks and credit-card companies to settle payments for online gambling sites. President Bush signed the law Oct. 14. The decision closed off the most lucrative region in a market worth $15.5 billion this year in "spend" value - the amount gambling companies win from their clients, or the amount gamblers lose. Several London-based Internet gambling companies and a handful in Europe and Australia subsequently sold off or shut down their U.S. operations, losing around 80 per cent of their combined business in the process.
U.S. officials have declined to participate in Tuesday's gambling summit in London, where lawmakers from 30 countries will discuss ways to regulate the industry, including the protection of minors and keeping the industry free of crime. Officials from Australia, South Africa and New Zealand, Malta, Costa Rica and Antigua and Barbuda are expected to attend. Antigua in particular has been engaging in a strong defense of Internet gambling, one of the tiny Caribbean state's few economic success stories. |
Guardian Unlimited
Gambling laws cast shadow over online payment firm
By Hans Kundnani
Oct. 31/06
| Quote: | Stand By Me
CD Audio
Featuring the title track of 1961 by Ben E. King
... Among the delegates at the summit were officials from Antigua,which has successfully challenged U.S. laws on internet gambling in the World Trade Organisation and has offered to work with British companies to challenge the new legislation.
Mark Mendel, a lawyer for the Antiguan government, said: "We believe that once the United States ultimately comes into compliance with the WTO rulings in Antigua's favour - which it must - you will see the Aim-listed companies re-entering the American market via subsidiaries or affiliates located, licensed and regulated in Antigua." (emphasis added) |
Link to this entry
http://pokerpulse.com/legal/viewtopic.php?p=635#635
Last edited by legal on Wed Aug 19, 2009 12:22 pm; edited 3 times in total |
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legal
Site Admin
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Posts: 510
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| Posted: Fri Feb 13, 2009 6:52 pm Post subject: |
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On third parties 'staying the course':
Full Moon Fever
CD Audio
By Tom Petty and Jeff Lynne
| Quote: | I Won't Back Down
Well I wont back down, no I wont back down
You can stand me up at the gates of hell
But I wont back down
Gonna stand my ground, wont be turned around
And Ill keep this world from draggin me down
Gonna stand my ground and I wont back down
Hey baby, there aint no easy way out
Hey I will stand my ground
And I wont back down.
Well I know whats right, I got just one life
In a world that keeps on pushin me around
But Ill stand my ground and I wont back down
Hey baby there aint no easy way out
Hey I will stand my ground
And I wont back down
No, I wont back down |
Trade News Bulletin
Antigua Consults With Gaming Allies At The WTO
Issue No. 35
Oct. 24/06
| Quote: | Tiny Caribbean state Antigua and Barbuda, trying to defend Internet gaming - one of its few economic success stories - against the mighty United States, consulted this week at the WTO in Geneva with the EU, Japan and China, who have joined its WTO dispute as third parties.
... Caribbean Net News reports that Kaye MacDonald, Director of Gaming, expressed her satisfaction with the involvement of third party WTO Members and praised their continued involvement in the uphill struggle against the United States. "Given the importance of the industry to our overall economy, we are pleased that the third parties, having examined the merits of our case, have decided to stay the course," she said. "From the outset, the US action in this case leaves a lot to be desired and recent US Congressional actions have, in my view, further compounded the apparent disregard for the WTO's dispute settlement mechanism," said the delegation's Legal Adviser, Mark Mendel. Antigua-based operators are thought to account for 25% of the estimated $12 billion wagered online by American punters every year.
Apart from the new legislation, Antigua has been alarmed by other recent developments such as the June 1st indictment against BetonSports, effectively shutting down the company which ran its US internet business from Costa Rica and Antigua, and the attempted extradition levelled at the chairman of Sportingbet, Peter Dicks, by the Louisiana authorities, who accused him of "gambling by computer", thereby violating the state's morality laws. Costa Rica, Alderney, Gibraltar, Malta and the Isle of Man will be among the e-gaming centres anxiously watching the progress of Antigua's case in Geneva.
Source: Tax-News.com, Reuters, Brussels 20 October 2006 (Beginning at p. 32 of 39-page bulletin. |
Link to this entry
http://pokerpulse.com/legal/viewtopic.php?p=636#636 |
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