Joined: 18 Aug 2004
|Posted: Fri Aug 07, 2009 2:41 pm Post subject: PokerPulse Guide to the WTO Discussion Forum
|PokerPulse starts a wave at the WTO Discussion forum!
Submit your own views on Cross-Border Betting / Internet Gambling. Here's our introductory post of Jan. 22/07 :
|U.S. Compliance Review in Antigua's Cross-Border Betting Dispute with the U.S.
We've been following Antigua's two successes in its David-and-Goliath dispute with the U.S. (see Legal@PokerPulse forum), trying to anticipate or at least understand U.S. compliance options and how everyone from poker players to service providers worldwide might lend our voices. Any ideas?
This dispute is especially interesting because of the transnational nature of Internet commerce forcing the question, which country is ultimately allowed to impose its rules. Can anyone recommend links, books or articles that compare and contrast legal perceptions of cyberspace between, say, the EC and the U.S.? Are there any other WTO disputes concerning jurisdiction over the Internet?
Because Antigua is so tiny, a significant loss of market access for the services at issue in this dispute even if the loss proves only temporary seriously imperils that Member's economy - maybe even its sovereign independence. How much flexibility does a DSB Compliance Review Panel have in determining, for example, the right to suspend trade concessions when the complainant is a developing nation? Also, how much sway do Third Parties have in such a panel?
Is the WTO moving closer to common law-style damage awards rather than or in addition to a suspension of certain trade concessions? Is this a subject even of negotiation? If not, should it be?
All views and info gratefully received.
We'll be monitoring the forum for developments and insights. Please add yours and check back for updates.
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