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PostPosted: Sun Apr 17, 2005 3:42 pm    Post subject: PokerPulse Gambler's Guide to the WTO Gambling Dispute Reply with quote

Quote:
WELCOME!

PokerPulse Gambler's Guide to International Trade and Antigua's Victory in the Cross-Border Betting Dispute with the U.S. at the World Trade Organization (WTO)


Understanding the WTO - panels, reports, appeals and procedures:

International Trade Regulation
By Edmond McGovern
Looseleaf Binder


Quote:
View the WTO chart summary of the dispute settlement process.

See also, Why should I care?





Quote:
See also, The WTO Dispute Settlement, April, 2004 by Marc L. Busch and Eric Reinhardt and Crimes and Punishments? An analysis of retaliation under the WTO, an 84-page primer of June 25/03 by Robert Z. Lawrence, who compares and two competing views of trade agreements, treaty versus contract obligations.



Globalization under fire:

Whose Trade Organization?
A Comprehensive Guide to the WTO
Paperback
By Lori Wallach and Patrick Woodall/
Public Citizen




On the U.S. 'leg up' on trade:

Defending Interests
Public-Private Partnerships in WTO Litigation
Paperback
By Gregory C. Shaffer, a former attorney with Coudert Bros.


Quote:
More of the book.





One we still await:

WTO Jurisprudence and Policy: Practitioners' Perspectives
By Marco C.E.J. Bronckers and Gary N. Horlick
March 2005




Quote:
Wilmer Cutler Pickering Hale and Dorr announces the publication of WTO Jurisprudence and Policy: Practitioners’ Perspectives, by Cameron May, Ltd, based in London. The authors explore the expansion of the WTO’s scope - and its effect on governments, industries and NGOs - through the lens of the legal community. The essays in this book cover topics from dispute settlement to WTO agreements to developing principles and new issues for the WTO and global trading. This volume brings together the legal perspectives of 20 practicing lawyers in Europe and the US, including a former member of the Appellate Body of the WTO, a former US Trade Representative and three former officials from the US Department of Commerce.

Several current lawyers in the firm have contributed essays to this book. They include: Ambassador Charlene Barshefsky, Marco C.E.J. Bronckers, Robert C. Cassidy, Jr., Peggy A. Clarke, Claus-Dieter Ehlermann, John D. Greenwald, Gary N. Horlick, Natalie McNelis, Axel Desmedt, Martin Goyette, and Naboth van den Broek.


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PostPosted: Sun Apr 17, 2005 5:17 pm    Post subject: Reply with quote

What's the 'direct effect', if any, of WTO decisions here at home?

Transatlantic Economic Disputes
The EU, the US, and the WTO
Edited by Ernst-Ulrich Petersmann and Mark A. Pollack


Quote:
View Casino City's maverick use of the WTO panel report on cross-border gambling in its First Amendment challenge.





Quote:
EC jurisprudence regarding the direct effect of WTO law is somewhat less settled, but also seems generally to conclude that individuals cannot invoke WTO law in EC courts. It appears that the political bodies of the EC have control over the direct effect of international trade law:

[i]In conformity with the principles of public international law community institutions which have power to negotiate and conclude an agreement with a non-member country are free to agree with that country what effect the provisions of the agreement are to have in the internal legal order of the contracting parties. Only if that question has not beeen settled by the agreement does it fall for decision by the courts having jurisdiction in the matter, and in particular by the Court of Justice within the framework of its jurisdiction under the treaty. (Footnote omitted).

In its instrument adopting the WTO, the Council declared its intention that they not be accorded direct effect. Within the US also, the legislature or the executive can effectively indicate their preferences as to the self-executing nature of international agreements. Where an agreement is not self-executing, 'it is the implementing legislation, rather than the agreement itself, that is given effect as law in the United States'. This is 'intermediated domestic effect'.

Thus, it is reasonably clear and almost universally accepted that at least in these two legal systems, the ability of private persons to rely on WTO law in domestic courts is dependent on the exercise of discretion by the government, and is not automatic. (Footnotes omitted) (From [b]Private Parties in EC-US Dispute Settlement at the WTO at p. 538)


Quote:
E. Protectionist and other bias

It may be that the public choice based bias of trade policy in favour of domestic producer interests would be accentuated by increased private access. That is, if it is expected that producer interests would be able to organize for litigation more effectively than consumer interests, we would expect a litigation bias in favour of producer interests. On the other hand, it might be argued that the executive has already been captured by producer interests, and any reduction of the monopoly enjoyed by the executive would diminish the producer bias. Within the US public law litigation system, as well as within the EC, it has been suggested that formal access to dispute resoloution is disproportionately useful to wealthier interests. This may help to explain developing country resistance to private party access.

It is worthy of note that domestic producers already have susbtantial private rights in important areas of 'administered protectionism': dumping and subsidies law. These private rights are not required by WTO law, but are permitted under WTO law. The US 'Byrd Amendment' (scroll down here under The Canadian perspective) provides increased incentives for this type of litigation, making this litigation more 'horizontal'. These private rights may be juxtaposed with the relative paucity of private rights for lawsuits to protect consumer interests, or foreign producer interests. Perhaps this is evidence that there is capacity for selection of areas in which to accord individuals private rights. (Footnotes omitted) (-- p. 547)


Trade and Environment in the EC and the WTO
A Legal Analysis
Paperback
By Jochem Weir




Quote:
Conferring Enforceable Rights on Individuals?

"Direct effect" in the sense of WTO law mandatorily being able to be invoked by individuals in domestic courts is highly unlikely to be agreed upon by the Members...As to the possibility of "direct effect" being unilaterally provided by WTO Members themselves, there seems little chance of a breakthough, since the major players, the U.S. and EC, have explicitly refused to do so. If the possibilities for individuals to invoke WTO law before their domestic courts are limited or absent, there will also be little incentive for co-operation between national courts and the WTO in the interpretation of WTO law...In fact, although ruling out the direct effect of WTO provisions covered by community competence, the ECJ has left it to the national courts in the EC's Member States to decide whether to allow the direct effect of WTO provisions covered by national competence. The possibility of WTO law being directly applied in national courts is certainly not altogether excluded. Moreover, even in the absence of "direct effect", WTO law can affect domestic legal orders in a variety of ways. (From s. 9.5.3 at pgs. 410-411)


The U.S. view:

Congress Research Service (CRS)
Dispute Settlement in the World Trade Organization: An Overview
By Legislative Attorney Jeanne J. Grimmett, American Law Division
Aug. 17/05


Quote:
More on the U.S. trade position pre- and during the Bush administration.



Quote:
Adoption of panel and appellate reports finding that a U.S. measure violates a WTO agreement does not give the reports direct legal effect in this country. Thus, federal law would not be affected until Congress or the Executive Branch, as the case may be, changed the law or administrative measure at issue. Procedures for Executive Branch compliance with adverse WTO decisions are set out in §§ 123 and 129 of the Uruguay Round Agreements Act (URAA). The DSU generally applies to disputes involving state and local measures covered by WTO agreements and Members are obligated to ensure compliance at this level (DSU, Art. 22.9 and n.17). Only the federal government may bring suit against a state or locality to declare its law invalid because of inconsistency with a WTO agreement; private remedies based on WTO obligations are also precluded by statute (URAA, § 102(b),(c)). (From WTO Dispute Settlement and U.S. Law at p. 5 of 6)


Eye on Gambling
BetOnSports Nightmare Has Hope - Interview With WTO Icon Mark Mendel
By Ken Weitzner
July 25/06


Quote:
More on yesterday's stinkin' thinkin' that could tie up U.S. courts for years and cost taxpayers billions in legal fees alone.

More on the increasing U.S. appetite for law enforcement outside its borders.

Now Europe is investigating the legality of U.S. 'GATS-plus' settlements with several respected industry operators, including PartyGaming.



Quote:
EOG - How can the case that Antigua has before the WTO help BetOnSports?

Mark Mendel, Antigua's lead counsel - It could be of substantial benefit. The WTO ruled that the US was in violation of its treaty obligations, and although there is nothing in US law that would absolutely require the US to observe this treaty obligation, it is very much in its best interest to do so, as the US is a massive beneficiary of the WTO dispute resolution process. BOS could assert that on the basis of the WTO ruling and past US compliance efforts, it had every reason to believe that the US was going to comply with the ruling and sanction cross-border gaming in one form or another. ...


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PostPosted: Fri May 20, 2005 2:47 pm    Post subject: Reply with quote

From PokerPulse Gambler's Guide to Climate Change - why Internet gambling is more cost-effective financially and environmentally than super-size casino resorts:

Life and Debt
Documentary on Jamaica's 20th century
economic slide by Stephanie Black
DVD


Quote:
More on the devastating environmental impact of tourism in Jamaica and other exotic travel destinations.





Quote:
Defending Interests
Public-Private Partnerships in WTO Litigation
Paperback
By Gregory C. Shaffer




Quote:
U.S. support for Chiquita Brands' opposition to the EC's banana licensing regime provides a clear example. Carl Lindner, Chiquita's president and controlling shareholder, was among the top three contributors to the Democratic and Republican parties in 1998. He reportedly had coffee with the president and spent a night in the White House's Lincoln bedroom. The Center for Responsive Politics, a nonpartisan and non-profit organization, discloses that Lindner contributed more than $2.4 million over the 1996 and 1998 election cycles.

According to one former USTR official, it certainly appeared that Lindner hoped "to buy" the WTO case from the USTR. Apparently, Lindner was present when former USTR Mickey Kantor met in a key breakfast meeting with U.S. Republican Senate leader Robert Dole about Congress's approval of the Uruguay Round Agreements Act, whereby the United States would join the WTO. Lindner reportedly was joined by his outside counsel, Carolyn Gleason of the law firm McDermott Will & Emery. Senator Dole allegedly indicated to Kantor not only that he liked the new draft of the Uruguay Round Agreements Act but that he would like the USTR to take up Chiquita's case, which Gleason could confirm was strong. Arguably, Senator Dole and Kantor reached an implicit understanding that the Clinton administration would further the chances of the act's approval were the USTR to take up Chiquita's case. Not only was Congress's ratification of U.S. membership in the WTO at stake. Senator Dole ran against President Bill Clinto in the next presidential election.

With congressional and executive support, the USTR dedicated thousands of personnel hours to challenging EC barriers to Chiquita banana imports. The litigation involved four WTO panels, a total of over one thousand pages of written briefs, buttressed by thousands of pages of annexes, and an eventual settlement in Chiquita's interest. Just as the USTR fended for Chiquita's bananas, so it battled for Kodak's film, cattlemen's beef, and Pfizer's patents, bringing WTO claims on their behalf. Under this conception of privatized trade policy, if business is the USTR's client, then campaign funds and related forms of consideration must constitute the USTR's legal fees. (From the chapter, The United States's Initial Partnership Edge in Opening Foreign Markets, at pgs. 23-25. Footnotes omitted)


Quote:
Whose Trade Organization?
Paperback
By Lori Wallach and Patrick Woodall/Public Citizen




Quote:
The moral implications of this model have been left out of the equation altogether. Yet the poverty and economic instability being caused by the corporate globalization model is only part of the story. As critics cautioned, the WTO's built-in bias for markets, trade and commerce uber alles has made the institution a perfect venue for industry and governments to pursue attacks on the public interest that would fail in democratic forums. With the WTO ruling that a growing list of public health, environmental, food safety and development policies are illegal trade barriers, now mere threats of WTO action often result in governments weakening a policy or in chilling initiatives established through democratic domestic policy making and supported by the public.

Meanwhile, the WTO has consistently insulated the worst corporate conduct from social responsibility. As we discussed in Chapter 6, the WTO enabled Chiquita Brands International to "rent" the U.S. government, undermining the economies of several tiny banana-producing nations in the Caribbean, and assisted the U.S. Cattlemen's Association in attacking a popular European law banning artificial hormone-treated beef. Now the Bush administration has launched an attack on behalf of biotech and agribusiness interests against European policies on GMO foods and seeds. This despite the fact that polling in the U.S. shows that a majority of consumers here also would prefer the labeling and segregation of GMO and non-GMO foods that is the core of the European policy.

Despite all of the compelling evidence of the WTO's failure, the European Union continues to lead a charge - strongly supported by the U.S., Canada, Japan, and other wealthy nations - for an ambitious expansion of the WTO's constraints on government action to a whole realm of new issues and areas. Although this agenda has failed spectacularly in Seattle and Cancun, the U.S. , EU and a few other major countries continue to betray their own publics' interests and, in defense of special interests they represent, indict other nations' WTO positions to distract from the real cause of the crisis - the WTO's disastrous outcomes. (From Conclusions at p. 285)


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PostPosted: Fri May 20, 2005 2:48 pm    Post subject: Reply with quote

Trade/globalization - sharing the wealth or reducing it?

Commanding Heights
The Battle for the World Economy
PBS
DVD




Our review:

Quote:
Despite the oft repeated mantra that corporate governance shall set us free, this series represents a grim view of the devastating effects of what John Ralston Saul (see below) calls "crucifixion" economics. Along with the crises in Latin America and Poland, it features an eerily triumphant Margaret Thatcher celebrating the social and financial ruin of thousands of British coal miners, and the usual American footage of Russia as nothing more than an evil icy wasteland of factory gulags. (In fact, both Europe and the U.S. could benefit by instruction from Moscovites, whose magnificent art gallery cum transit stations remain entirely free of graffiti. For more on Russia's vast and beautiful landscape both rural and urban, see the Pilot Guide to Moscow and on the article, Cabin Fever, in the January, 2005 Smithsonian).

One of the more interesting characters to emerge from the series is Jeffrey Sachs, the Harvard boy professor who leads the Earth Institute at Columbia University and directing the United Nations Millennium Project. His latest book calls on rich countries to double financial assistance to developing nations, a plan he claims is both affordable and in the interest of all concerned.


The End of Poverty:
Economic Possibilities for Our Time
Hardcover
By Jeffrey Sachs


Quote:
A concurrent view by Carlos Fuentes.





Quote:
Toward an Enlightened Globalization

When all is said and done, however, the antiglobalization movement should mobilize its vast commitment and moral force into a proglobalization movement on behalf of a globalization that addresses the needs of the poorest of the poor, the global environment, and the spread of democracy. It is the kind of globalization championed by *the Enlightenment - a globalization of democracies, multilateralism, science and technology, and a global economic system designed to meet human needs. We could call this an Englightened Globalization.

What then would the focus of a mass public movement aimed at an Enlightened Globalization? It would be, first and foremost, a focus on the behavior of the rich governments, especially the most powerful and wayward of the rich governments, the United States. It would insist that the United States and other rich countries honor their commitments to help the poor escape from poverty, as well as honor their commitments to limit environmental degradation including human-made climate change and the loss of biodiversity. Such a movement would continue to shine a spotlight on corporate responsibility, but would urge more rather than less investment by major multinational companies in the poorest countries. Instead of focusing on blocking trade and investment, it would insist that the World Trade Organization follow through on the political commitments made at Doha and elsewhere to ensure that the poorest countries have access to the markets of the richest. (emphasis added) (From the chapter entitled, Our Generation's Challenge, at pgs. 358-9) *More on the wonders of the Enlightenment at Richard Hooker's excellent website, European Enlightenment.


An unbeliever:

The New Yorker
Magazine Subscription
Always With Us?
Jeffrey Sachs's plan to eradicate world poverty
By John Cassidy
April 11/05




Quote:
Can we? Poor countries have been receiving at least some foreign aid for thity or forty years - a total of more than a trillion dollars, in one estimate - and, for the most part, it hasn't done much good. Generations of development experts have seen their plans stymied by the impediments of the real world. Has Jeffrey Sachs, a man who rose to prominence as a proponent of unfettered American-style capitalism in former Communist countries, really figured out a solution? (-- p. 72)


Turn off the aid taps!

New York Times Magazine
Magazine Subscription
Questions for Dambisa Moyo
The Anti-Bono
The economist talks about why we should stop sending aid to Africa, why no one feels sorry for the Chinese and the trouble with relying on celebrities.
By Deborah Solomon
April 22/09




Quote:
You argue in your book that Western aid to Africa has not only perpetuated poverty but also worsened it, and you are perhaps the first African to request in book form that all development aid be halted within five years. Think about it this way — China has 1.3 billion people, only 300 million of whom live like us, if you will, with Western living standards. There are a billion Chinese who are living in substandard conditions. Do you know anybody who feels sorry for China? Nobody.

Maybe that’s because they have so much money that we here in the U.S. are begging the Chinese for loans. Forty years ago, China was poorer than many African countries. Yes, they have money today, but where did that money come from? They built that, they worked very hard to create a situation where they are not dependent on aid.

What do you think has held back Africans? I believe it’s largely aid. You get the corruption — historically, leaders have stolen the money without penalty — and you get the dependency, which kills entrepreneurship. You also disenfranchise African citizens, because the government is beholden to foreign donors and not accountable to its people.

If people want to help out, what do you think they should do with their money if not make donations? Microfinance. Give people jobs.

But what if you just want to donate, say, $25? Go to the Internet and type in Kiva.org, where you can make a loan to an African entrepreneur.

Do you have a financial interest in Kiva? No, except that I’ve made loans through the system. I don’t own a share of Kiva. ...

What do your parents do? My mother is chairman of a bank called the Indo-Zambia Bank. It’s a joint venture between Zambia and India. My father runs Integrity Foundation, an anticorruption organization.

For all your belief in the potential of capitalism, the free market is now in free fall and everyone is questioning the supposed wonders of the unregulated market. I wish we questioned the aid model as much as we are questioning the capitalism model. Sometimes the most generous thing you can do is just say no. (-- p. 11)


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PostPosted: Fri May 20, 2005 4:23 pm    Post subject: Reply with quote

Harper's
Magazine Subscription
The Collapse of Globalism and the Rebirth of Nationalism
By John Ralston Saul
March, 2004


Quote:
More on the global financial crisis of 2008/09 Saul predicts.





Quote:
It was all beginning to resemble the seventeenth and eighteenth-century speculation markets -- the South Sea Bubble, John Law and the French regency, the Dutch tulip-bulb frenzy. The larger the corporations grew, the slower and more directionless they became -- enormous management structures frightened of serious investment and risk. They resembled out-of-control bureaucracies. Yet the whole argument in favor of Globalization had been the apparently desperate need to wrench power from the bureaucracies.

More perhaps than the genocides, the disorder in the streets, or the debt crises, it was those simple recurring images of corporate ineptitude, combined with an absence of self-criticism, that first made clear the decline of Globalization. How then could any of us seriously believe that our redemption lay in the reconceptualization of civilation so that we could all view it through the prism of business and economics? The larger the corporations became, the more deregulation released them to be themselves, the faster they slipped out of sync with their civilization and even with their customers and shareholders. (-- p. 41)


The Collapse of Globalism
And the Rebirth of Nationalism
Hardcover
By John Ralston Saul




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PostPosted: Mon Jun 20, 2005 11:57 am    Post subject: Reply with quote

More on public-private conflicts:

The Burial at Thebes
Sophocles' Antigone
Translated by Seamus Heaney


Quote:
More of Nobel laureate Heaney





Quote:
Commissioned to mark the celebration of the Abbey Theatre in Dublin in 2004, The Burial at Thebes is Seamus Heaney's new verse translation of Sophocles' great tragedy, Antigone -- whose eponymous heroine is one of the most sharply individualized and compelling figures in western drama. Faithful to the 'local row' and to the fierce specificity of the play's time and place, The Burial at Thebes honours the separate and irreconcilable claims of its opposed voices, as they enact the ancient but perennial conflict between family and state in a time of crisis, pitching the morality of private allegiance against that of public service. Above all, The Burial at Thebes honours the sovereign urgency and grandeur of the Antigone, in which language speaks truth to power, then and now. (From the inside jacket)


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PostPosted: Wed Sep 14, 2005 3:56 pm    Post subject: Reply with quote

This I Believe
An A to Z of a Life
Hardcover
By eloquent Mexican diplomat Carlos Fuentes




Quote:
Can we take advantage of the opportunities offered by globalization to create growth, prosperity, and justice?

What I am trying to say here is this: perhaps globalization is inevitable, but that doesn't mean it has to be inevitably negative.

It means that globalization should be subject to control, in social consequences evaluated and judged.

Will it be possible to socialize the global economy?

Yes, I think it will, no matter how difficult and demanding the effort may be.

Yes, as long as new forms of international economic relationships can be held accountable to the core activities of civil society, democratic control, and cultural realities.

Yes, as long as civil society rejects the idea that things are a foregone conclusion, a fait accompli, and instead strives constantly to reenvision social conditions, reminding the power structures that we live in contingency with one another, and connecting globalism to concrete and variable social actions within - for lack of new terminology - the entities we continue to refer to as "nations."

Globalization in and of itself is not a panacea.

...It calls for public and private sectors that are aware of their respective responsibilities: private initiatives need a government that is strong - not big, just strong. And this can be possible with an tax base and a social policy that works in favor of a private sector that, for its part, needs an educated, healthy workforce that can be consumers as well. "Poverty doesn't create a market," says Carlos Slim, a lucid Mexican businessman. "The best investment of all is to do away with poverty."


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PostPosted: Mon Jan 16, 2006 5:13 pm    Post subject: Reply with quote

Full of sound and fury:

The International Economic Law Revolution and the Right to Regulate
Hardcover
By international law professor Joel P. Trachtman


Quote:
View what Antigua called 'a mere utterance' by a decorated senior U.S. Justice (DoJ) official before the House Judiciary Committee regarding the U.S. legal position on America's remote gambling ban.





Quote:
One of the most important issues facing international lawyers oday is the relationship between international legal rules and domestic autonomy. This relationship is at the centre of the debate about globalisation and the future of the WTO. It has been debated most intensely in the field of international economic law.

This volume of collected essays gathers the insights of Joel Trachtman, who has been a leading commentator on this relationship. Over 25 years of law practice and academic study, the author has developed a comprehensive framework for understanding these pressing issues. These essays will be important to international policy-makers, to domestic regulatory officials seeking to assess the impact of international law on their work, to practitioners seeking a ready reference in this field and to students seeking a framework for understanding international economic law.

The essays in this collection focus on the issue of allocation of authority among states, and between states and international organizations. They analyse various aspects of international legal constraint on the regulatory discretion of states, both substantively and institutionally. They show that in order to achieve important economic goals, the “right to regulate” cannot be unrestrained. Rather, the purpose of all international law is to constrain the sovereign authority of states. So it is important to examine the scope, quality, and institutional structure of the constraint. How can states maintain maximal value of regulatory autonomy, while restricting the use of regulation to close markets? How can institutions be designed in order to provide a nuanced and dynamic approach to subsidiarity?

Since 1989, Joel Trachtman has been professor of international law at the Fletcher School of Law and Diplomacy. From 1998 to 2001, he was Academic Dean of the Fletcher School, and during 2000 and 2001, he served as Dean ad interim. Before joining the faculty of the Fletcher School, he practised law for nine years in New York and in Hong Kong. He has recently served, at different times, as Manley O. Hudson Visiting Professor of Law and as Nomura Visiting Professor of International Financial Systems at Harvard Law School. He is on the boards of the American Journal of International Law, the European Journal of International Law and the Journal of International Economic Law. Prof. Trachtman has been a leading commentator on WTO law, focusing especially on the relationship between international law and domestic regulation. He is the author of over 50 scholarly publications in the field of international economic law and in the economic analysis of international law, and frequently consulted by and makes presentations on behalf of international organizations such as the OECD, APEC and the WTO, as well as several UN bodies. (From LexMercatoria.org)


Quote:
Table of Contents:

Foreword by Prof. John H. Jackson, Professor of Law, Georgetown University Law Center

The International Economic Law Challenge

1. The International Economic Law Revolution

2. Legal Aspects of a Poverty Agenda at the WTO: Trade Law and “Global Apartheid”

3. John Jackson and the Founding of the World Trade Organization: Empiricism, Theory and Institutional Imagination, The Right to Regulate: the WTO and Domestic Regulation

4. TBT, SPS, and GATT: A Map of the WTO Law of Domestic
Regulation: Gabrielle Marceau and Joel P. Trachtman

5. Robert Hudec and Domestic Regulation: The Resurrection of "Aim and Effects" Amelia Porges and Joel P. Trachtman

6. Toward Open Recognition? Standardization and Regional Integration under Article XXIV of GATT

7. International Trade as a Vector in Domestic RegulatoryReform: Discrimination, Cost-Benefit Analysis, and Negotiations

8. From Policed Regulation to Managed Recognition: Mapping the
Boundary in GATS: Kalypso Nicolaidïs and Joel P. Trachtman

9. Trade in Financial Services under GATS, NAFTA and the EC: A Regulatory Jurisdiction Analysis

10.Transcending “Trade and . . .”–an Institutional Perspective, The International Legal Order and the Domestic Legal Order

11. The Domain of WTO Dispute Resolution

12. Whose Right is it Anyway? Private Parties in EC-U.S., Dispute Settlement at the WTO: Philip Moremen and Joel P.
Trachtman

13. Bananas, Direct Effect and Compliance

All articles by Joel P. Trachtman unless otherwise indicated


More on this one when our copy arrives. Please check back for updates.

Quote:
Note: We've now (May 1/07) had this awful, expensive tome for more than a year and we have yet to find even one essay that delivers on its title. A monster load of deference to fellow academics. Of little, if any, practical value. Barrister McGovern's text above is by far the winnah!


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PostPosted: Thu Nov 02, 2006 12:09 pm    Post subject: Reply with quote

Who Controls the Internet?
Paperback
By Jack Goldsmith and Tim Wu




More about the book in The net - with borders at p2pnet.net by BBC broadcaster Bill Thompson Oct. 13/06.

Here's an excerpt that caught our notice:

Quote:
Unlike online poker, the National Thoroughbred Racing Association (NTRA) has friends in high places and they have ensured that it will not be affected by new U.S. restrictions, so online betting on horse races will still be allowed.

Of course, this just makes it even clearer that the issue is one of politics, not technology. The banks were targetted because companies offering financial services need to look honest. Deliberately flouting the law is bad for customer and investor confidence, so they can be relied on to follow even unreasonable rules.

Whether or not they are effective in the long term, the new laws highlight the point made by Jack Goldsmith and Tim Wu when they say that the ‘dream of self-governing cyber-communities that would escape geography forever’ has been replaced by ‘a bordered network where territorial law, government power and international relations matter as much as technological invention’.


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PostPosted: Tue May 01, 2007 11:47 am    Post subject: Reply with quote

Life in the Undergrowth
DVD
Narrated by nature celebrant (we'd buy him a pint) David Attenborough


Quote:
More unexpected trade benefits in nature.





Quote:
Ants herd aphids to the best possible feeding places just as human shepherds will herd their sheep to the best pastures. And just as sheep protect their flocks against wolves, so ants protect the aphids against their insect enemies. Ladybirds are among the most dangerous. They, after all, eat aphids. So the ants must get rid of them. That's not easy. It's quite hard to get a grip on the polished shell of a ladybird. But eventually success. Aphids excrete a liquid that ants relish, honeydew. That's why ants protect them.

Such close relationships are frequent among insects, perhaps because they've had so long to develop them. They appeared on land, after all, about a hundred million years before any backboned animals. And they can also evolve much faster because they can produce several generations within a single year. So, perhaps it's not surprising that they have developed relationships between one another of a complexity that blows the mind. (From Intimate Relations, Disk 2)


The inference here is that co-operative, mutually-beneficial, trade-like relationships are enviable indicators of higher evolution.

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PostPosted: Tue May 01, 2007 12:54 pm    Post subject: Reply with quote

From the PokerPulse Gambler's Guide to Climate Change - Tourism 'leakage' and why Internet gambling is more cost-effective financially and environmentally than super-size casino resorts:

Conde Nast Traveler
Magazine Subscription
The Power of Travel
By Dorinda Elliott
Now that the travel industry is beginning to tackle social issues from poverty to health care, the hotel you choose can make the difference between ...
. a child going hungry or being fed
. a wildlife habitat being protected or destroyed
. a woman giving birth to a healthy child
or one infected with HIV
.
May, 2007


Quote:
STILL MORE good reasons to avoid air travel.

More about devastating tourism 'leakage' in Jamaica in the documentary, Life and Debt.





Quote:
In his thirteen years as general manager of the Holiday Inn along Patong Beach in Phuket, Thailand, Wolfgang Meusburger had never thought much about supporting the community. Just positioning his hotel as a luxury oasis on one of Thailand's most overbuilt honky-tonk beaches was challenge enough. On the ocean side, crowds of beer-swilling tourists, counterfeit handbag hawkers, and prostitutes compete for the walkway along a strip of noisy restaurants, bars, and T-shirt shops. Down the way, Rock Hard A Go-Go offers pole-dancing girls in bikinis, and at the Moulin Rose and other cabaret clubs, transvestites sing pop songs. To Wolfgang, keeping the riffraff out was more important than community outreach.

That all changed in December, 2004, when the tsunami that devastated the region swamped the beachfront, wiping out hawker stalls, trashing dozens of hotels and restaurants, and killing more than seven thousand people up and down the Thai coast. Meusburger was relatively lucky: He lost only one guest to the waves, and no employees were killed. But the lobby was waist-deep in mud and cluttered with debris, including a motorcycle that had been swept in by the sea. ...

Apart from charitable giving and job training, some hotels are trying to find ways to channel business to local communities by hiring and buying locally. The catchphrase in the nonprofit world is "linkages and leakages," and more and more hotel managers use the term these days. Linkage is good: It means that a hotel property is connected to a community and contributing to its economy. Leakage is bad: It means that the hotel company is just sending its profits back home to heardquarters. The Caribbean has been the focus of much discussion about linkages and leakages, because it is a region where so much luxury is found in the midst of so much poverty.

Jamaica is a case in point: It is still desperately poor (25 per cent of the population lives on less than $2 a day) despite enormous amounts of tourism money flowing into the country - most of it landing in the tills of all-inclusive resorts. In its pay scale and atmosphere, the Sandals Whitehorse resort along the island (Jamaica)'s south coast is typical of other large beach properties in impoverished regions around the world: Starting wages are around $90 a week, compared to the $500 guests pay per night to stay. Inside the hotel's European Village compound, you would hardly know that Jamaica exists, except for the calypso beat provided by the Mighty Beeston Mento Band, playing by the snack bar. The resort boasts that at its seven restaurants, "you may dine in a different corner of the globe each night without leaving." I ate at Giuseppe's Italian restaurant, where I drank Californinan red wine and ordered fettucine with shrimp (imported) and scallops (imported).

At top Caribbean resorts, it's not at all unusual to sit down to a dinner that is almost entirely imported food - smoked salmon (imported from Nova Scotia), say, followed by filet mignon (imported from Australia) - bringing no benefit whatsoever to the local economy
. (emphasis added)

By reputation, all-inclusive resorts are the worst "leakers": Generally, they keep guests on their compounds, spending money at the resorts instead of in town, and they often import a large portion of what they consume. ...

While Sandals may be doing more than most hotel companies in Jamaica to help support the local community, the full picture of its impact is not entirely rosy. Built on former wetlands in the middle of what was once a sleepy bay, the Sandals Whitehorse resort project was controversial from the get-go. The hotel went over budget by more than $40 million, and a government investigation had been launched. The developers moved a population of crocodiles that lived on the property to a nearby zoo. "There used to be so many crabs and crocodiles," says a worker at a nearby inn with a sigh. "So many birds, they used to come flying by, but they just don't come anymore." ...

Two years ago, Conrad Hotels, which is owned by Hilton, signed on to manage a huge casino and resort project that environmentalists have been fighting for more than a decade. Those opposed to the 700-acre development worry that it will destroy and important nursery area and affect hundreds of miles of sea habitat. Tearing out the mangroves and dredging the harbor reportedly have already reduced the populations of lemon shark and other species. When the environmentalists protested to Hilton, the company replied with letters reiterating the legality of the project - and did nothing significant to address their concerns. Jeremy Stafford-Deitsch, found of the UK-based Shark Trust, has [u]called the project "one of the most egregiously scandalous environmental crimes in recent years." A Hilton representative declined to comment on the issue, saying only that the company's role will be limited to managing the Conrad Hotel, "if and when it gets built." ...

For all of the good that hotels are beginning to do, it's hard not to notice the damage caused by the industry in many developing destinations. "It's clear that attracting the wrong kind of visitors, promoters, and developers can launch a boom-and-bust cycle that has been repeated time and time again," says Sustainable Travel's (president, Brian) Mullis. Beach areas like Pattaya in Thailand are a case in point - so overdeveloped that both the natural beauty and the local culture have been ravaged. "Death by a thousand cuts is what tourism has represented for ecodiversity," says Jamie Sweeting, a senior director at Conservation International's Center for Environmental Leadership in Business. But it's all relative: "I'd give my druthers to get any of those five-star hotel projects to Africa," says Columbia University economist Jeffrey Sachs, who wrote The End of Poverty and is an adviser to the United Nations Millennium Project aimed at eradicating hunger and poverty. "Tourism brings development and jobs, and that's a good thing." The challenge, he points out, is how to develop responsibly. ...

Singapore-based Raffles spent $30 million restoring the Grand Hotel d'Angor to its colonial splendor, and a room there now costs $360 a night. A short walk away, in the Angkor Hospital for Children, some patients are wasting away from malnutrition, others from tuberculosis. Just outside the town, beggar children chase tourists coming out of the temples. ... Raffles got caught up in an ugly, complicated fight with its workers in 2003 when they went on strike, protesting the fact that the hotel - outrageously - wasn't distributing the entire service charge added to guests' bills. The hotel's hard-line position was colored by teh complexities of operating in such an impoverished country: Its employees, who earned an average of $210 a month, would have made more than the chief of police if the entire service charge had been disbursed. In a ddition, the strikers demanded two-month annual leaves and six-month paid maternity leaves. The court declared the strike illegal, and Raffles fired 300 workers. Hotels across town (Angkor Wat, Cambodia) dropped service charges entirely. ...

"We (InterContinental Hotels Group Asia)'re growing so fast out here (Asia). We're adding sixty new hotels in China, and we're trying to get it right environmentally," he (CEO Patrick Imbardelli) says. "It's not easy: The Chinese all want three-storey atriums, which from an environmental point of view are terribly inefficient." (-- pgs. 256-268)


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PostPosted: Mon Nov 26, 2007 2:31 pm    Post subject: Reply with quote

Unexpected trade benefits in nature:

The Papers of Samuel Marchbanks
Hardcover
By Frostback Robertson Davies, alter ego of
humorist Samuel Marchbanks


Quote:
STILL MORE unexpected trade benefits in nature.





Quote:
SATURDAY

While I was cutting grass and weeding this afternoon I was greatly troubled by mosquitoes, flies and other nuisances, and in this way my attention was drawn toward the benevolent insects - bees, grasshoppers and the like. I recall reading in a book about insects that they evolve their own economic laws, and abide by them. Thus ants go in for full employment, while bees consider it worthwhile to support a monarchy and an aristocracy; grasshoppers are definite laissez-faire liberals, and dung-beetles are bourgeois capitalists. But what about accidents, I pondered? Ants are socialists, possessing a complete, nasty, compact little socialist state of their own; but what happens to their economic laws when I run my lawn-mower over their anthill? They didn't foresee that. And the bees get an unexpected handout from me when I put out honey boxes for them to clean; that boosts their economy unfairly. I am convinced that no insect sees me, except the mosquito, and yet in my garden I play Providence to the insect world without giving the matter a moment's thought. I am the Unknown Factor, the Parcae in the lives of thousands of creatures with whom I am not even on nodding terms. (From The Diary of Samuel Marchbanks, p. 94)


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PostPosted: Fri Dec 07, 2007 3:19 pm    Post subject: Reply with quote

From the European Union forum - U.S. appetite for law enforcement outside its borders increasing yearly:

Jones & Doobay on Extradition and Mutual Assistance
Hardcover


Quote:
Now Europe is investigating the legality of U.S. 'GATS-plus' settlements with several respected industry operators, including PartyGaming.

More on PartyGaming's post-UIGEA 'settlement'.

More on the 'special relationship' between Britain and the U.S.

View what Antigua called 'a mere utterance' by a decorated senior U.S. Justice (DoJ) official before the House Judiciary Committee regarding the U.S. legal position on America's remote gambling ban.





About the authors:

Quote:
Alun Jones QC, Barrister, Gray’s Inn, is a leading expert on extradition law who has advised on many international cases and was instructed by the Government of Spain in the Pinochet extradition. He advises extensively in the UK, Europe, The Caribbean, USA and Far East on extradition and mutual assistance matters. He also practices in commercial crime, criminal law and public law.

Anand Doobay, Solicitor, works for the leading commercial and international fraud firm Peters & Peters, specialising in extradition and commercial crime. He has acted for governments, companies and individuals in extradition and mutual assistance matters. He is a member of the Law Society’s International Human Rights Committee and assisted the Law Society with its response to the recent reforms to extradition law and procedure. (From the Publisher's Note).


Why the increase in U.S. requests for extradition?

Quote:
There have also been an increasing number of extradition requests for white collar offences made by the US in respect of activities which have taken place mainly in the UK. Extradition arrangements with the US have been changed recently to remove the requirement for the US to provide evidence. Understandably, this has led to those companies and individuals who conduct business in or with the US to become more concerned about the possibility of extradition requests being made for allegedly criminal conduct taking place mainly in the UK. Our team is recognized as being experts on the US/UK extradition arrangements and is often asked to speak on this area and to provide comments for the media. (From Extradition and Mutual Assistance at Peters and Peters)


Quote:
View the Thomson Sweet & Maxwell press release of April 13/05, which warns:


Quote:
Directors of UK companies with just one shareholder in the US could be extradited to the US in cases of alleged fraud, warns Alun Jones QC , the UK's leading extradition expert, at a conference (today) hosted by Sweet & Maxwell, the legal information provider, and JUSTICE, the UK's leading human rights organisation. In a joint speech with Anand Doobay of the law firm, Peters & Peters, Jones, a leading extradition lawyer, went on to say that with the appetite of the US for law enforcement outside its own borders increasing yearly, the chances of this happening is now a distinct reality.

"A director of a publicly-listed UK company could be extradited to the US to be tried for fraud if his company's allegedly inaccurate reports are published in a US newspaper to a solitary US shareholder," said Jones. "Many UK companies still believe that they need a US listing or a large US shareholder base before they are subject to US laws such as Sarbanes-Oxley but this is not the case." Any allegedly fraudulent scheme operated in the UK or within Europe in which only one e-mail or other electronic communication passes through an Internet Service Provider in the US is now indictable in the US, he said. "A UK national may now be extradited to the US where he is accused of conduct which took place mostly in the UK - even where the UK authorities have declined to prosecute him. There are currently two such cases before the courts," he said...

According to Jones, this state of affairs has arisen as a result of the US blurring the distinction between 'international' and 'trans-national' crimes. Many allegations of serious fraud are 'trans-national' crimes, in that they are concerned with conduct which took place in more than one jurisdiction. "These allegations of serious fraud are not, however, international crimes like hijacking or hostage taking. They have not been the subject of agreements which permit enlarged jurisdiction or call for common definition of crimes," he says.

Recent changes to legislation relating to UK-US extradition mean that when demands for extradition come before the UK courts, the accused no longer has adequate opportunity to defend himself, said Jones. This is because in March, 2003, the UK and the US signed a new extradition treaty, which removed the requirement for the US to provide evidence when making an extradition request. "The allegation of fraud itself, however unfounded, is now sufficient for an extradition to be granted," he said. "Evidence of wrongdoing simply isn't required. This allows extradition claims by the US far in advance of anything we have seen so far."

Nor is it necessary to interfere with a person's right to privacy, home and family under Article 8 of the European Convention on Human Rights if he could be prosecuted in this country, said Jones. "This is an important issue on which the courts have yet to decide, "but they will decide and may rule that extradition to the US is unwarranted in some cases."


U.S. probes Internet gambling transactions at foreign banks:

International Herald Tribune
U.S. issues subpoenas to banks on online gambling
By Andrew Sorkin and Stephanie Saul
Jan. 21/07


Quote:
The Department of Justice has issued subpoenas to at least four Wall Street investment banks as part of a widening investigation into the multibillion-dollar online gambling industry, according to people briefed on the investigation. The subpoenas were issued to firms that had underwritten the initial public offerings of some of the most popular online gambling sites that operate abroad. The banks involved in the investigation include HSBC, Credit Suisse, Deutsche Bank and Dresdner Kleinwort, these people said. The developments appeared to be part of an indirect but aggressive and far-reaching attack by U.S. prosecutors on the Internet gambling industry just two weeks before one of its biggest days of the year, the Super Bowl. Unable to go directly after the casinos, which are based overseas, they have sought to prosecute the operations' American partners, marketing arms and, possibly now, investors.


Extorting the settlement:

Quote:
COMMENT: Settlements are contractual agreements to end legal disputes. United States v. ITT Continental Banking Co., 420 U.S. 223, 228 (1975); Village of Kaktovik et al. v. Watt, 689 F.2d 222, 230 (D.C. Cir. 1982). Such agreements cannot dispose of the claims of non-participants. Firefighters v. Cleveland, 478 U.S. 501, 529 (1986). Similarly, plea agreements, which are also contractual in nature, cannot subject property to forfeiture unless permitted by substantive statute. United States v. Reckmeyer, 786 F.2d 1216 (4th Cir.), cert. denied, 479 U.S. 850 (1986); United States v. Roberts, 749 F.2d 404 (7th Cir. 1984), cert. denied, 470 U.S. 1058 (1985). Moreover, a plea agreement may significantly limit existing statutory forfeiture provisions. See United States v. Paccione, 948 F.2d 851 (2d Cir. 1991). It is important to note that while unambiguous, good faith settlements and plea agreements will be read and interpreted according to their terms, any ambiguities or imprecise terms will be construed against the government. See United States v. Harvey, 791 F.2d 294, 300 (4th Cir. 1986); United States v. Field, 766 F.2d 1161, 1168 (7th Cir. 1985). Because the courts are inclined to read such terms against the government even when defense counsel has contributed to the ambiguity or imprecision of the agreement, Harvey, 791 F.2d at 301, it is essential that federal prosecutors and forfeiture attorneys strive for clarity, precision, and detail in defining the obligations of each party to the agreement. Fields, 766 F.2d at 1168.) (From 2237 Forfeiture by Settlement and Plea Bargaining in Civil and Criminal Actions)


More on U.S. asset seizure/forfeiture and the aptly-named advocacy group, Forfeiture Endangers American Rights (FEAR)
:

Quote:
Asset forfeiture was virtually unheard until recently. In 1984, Congress overhauled the federal forfeiture laws to give the government incredible advantages over property owners, and began expanding the list of offenses which could trigger forfeiture. Now there are over three hundred federal offenses which trigger forfeiture. But the most terrifying aspect of the legislative scheme in the 1984 crime bill was that it allowed the seizing police agency to keep what they seize and forfeit. This inherent conflict of interest has lead to greater and greater abuses, as forfeiture income -- and dependence on forfeiture income -- has risen. Asset forfeiture brings in close to a billion dollars a year for the federal government alone (emphasis added) (From Why FEAR exists by Leon Felkins March 27/02, under International Forfeiture).


The Champion
White-collar Crime
It Is Nearly Impossible To Make Sense of U.S. Cross-Border Law Enforcement
By Kathryn Keneally
November, 1998


Quote:
More on cross-border abductions under U.S. law.


Quote:
We face many difficulties in explaining the criminal law and justice system to those of our clients who live and work in the United States, and who were educated here. For those who refuse to believe that anyone ever goes to jail for the crimes of which they are accused, I keep close at hand not only the Federal Sentencing Guidelines, but a folder of newspaper clippings, which report on lengthy sentences in white-collar cases. For some, who rail against the system, I may even inquire as to whether they are registered to vote, and whether they considered issues of civil rights and liberties when they last cast their ballots. The system may not be right and fair, and it may defy explanation, but at least to a fellow citizen, I can make it understandable that it works the way it does.

Recently, however, I had the privilege of representing a South American businessman and his sons. These men were decent, hard-working people. All of their business activities were in their country, a country that is known for its respect for legal systems. Unlike neighboring countries, their country was one largely untouched by narcotics trafficking.

Among the father's many businesses was a passive investment in a money exchange, or cambio, operated by his brother. To his great misfortune, a man presenting himself as a Mexican doctor exchanged currency at the cambio. Unfortunately, this Mexican doctor was fronting for a high-level narcotics trafficker, and together they were seeking to establish a base of investment in my client's country. Also to my client's misfortune, the doctor and his accomplice sought to purchase a home from my client's wife.

Many others in my client's country were also fooled by the front presented by these narcotics traffickers. To my client's unique detriment, however, he and his sons maintained bank accounts in a U.S. bank.

With no more information than that funds had transferred between one of these U.S. accounts and an apparent drug dealer, and that currency had been exchanged with a drug dealer in a foreign country, the government seized and commenced forfeiture proceedings against all of the accounts of all of the family members.

Thus I found myself explaining that under the U.S. forfeiture laws, the government could - and indeed did - wreak such havoc based on nothing more than probable cause. I explained that the burden of proof was now on my clients to prove that they did not know or have reason to know that the persons with whom they conducted arms-length business dealings were drug dealers. I explained that the U.S. government exercised its authority over my clients - who were neither citizens nor residents of this country, and who did not conduct business here - based on activities that had taken place outside the United States, solely because the transactions were conducted in American dollars through domestic banks. (emphasis added)

To the credit of the prosecutors involved in this matter, we proceeded systematically through proffer sessions and negotiations to resolve this matter expeditiously. Most of the funds for most of the family members were released quickly. In the settlement my clients agreed not to dispute forfeiture of the amount of money that corresponded to the transactions with the two men who were drug dealers, in exchange for the release of the balance of the funds. My clients thought this resolution was one of pure pragmatism, not justice. They had merely engaged in arms-length business transactions that were routine in their country. As a result, they saw considerable assets tied up and put at risk under U.S. law, and they were placed in the position of bearing the burden of proving a negative - that they did not know or have reason to know that the Mexican doctor and the businessman with whom they did business were in fact narcotics traffickers.

The point in time that best summarized the situation from my perspective came when I was interviewing a witness in the South American country. The witness, a law professor and a member of a prominent family in his country, had been retained by the Mexican doctor and the businessman to negotiate the purchase of the house from my client's wife, and to assist in other business transactions. He was one of many who saw no reason to suspect the Mexican doctor and the businessman. When I explained the forfeiture proceedings that had been commenced in the United States, and the burden placed on my clients, he said succinctly, "Tell your government that your country has dumb laws." (Footnotes omitted, emphasis added).


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PostPosted: Fri Dec 07, 2007 3:23 pm    Post subject: Reply with quote

More on the U.S. appetite for law enforcement outside its borders:

Introduction to the Law and Legal System
of the United States

Paperback
By Wayne State Unitversity light William Burnham


Quote:
More on the increasing U.S. appetite for law enforcement outside its borders.





Quote:
Cross-Border Abductions Under U.S. Law

The United States follows the so-called Ker-Frisbie rule, under which the process by which the defendant got before the court is irrelevant and does not bar prosecution. The rule was reaffirmed in 1992 in United States v. Alvarez-Machain, a case that attracted considerable attention from the international community. In Alvarez-Machain, federal narcotics agents forcibly abducted a Mexican national from Mexico whom they believed to have been involved in the torture and murder of a U.S. narcotics agent in Mexico. Vigorous protests demanding the defendant's return were made by the Mexican government. However, the Court held, unless abductions are expressly prohibited by treaty, "the rule of Ker applies, and the court need not inquire as to how [defendant] came before it. Moreover, any decision on release and return of the person was one for the executive branch, not for the courts. The decision has met with almost unanimous international condemnation. (Footnotes omitted) (From Ch. XVII, International Aspects of U.S. Law, at p. 684)


More about the Ker-Frisbie rule:

Quote:
... the decisions of the Supreme Court in Ker v. Illinois, 119 U.S. 436, 7 S.Ct. 225, 30 L.Ed. 421 (1886), and Frisbie v. Collins, 342 U.S. 519, 72 S.Ct. 509, 96 L.Ed. 541 (1952), the court held that the manner in which Toscanino was brought into the territory of the United States was immaterial to the court’s power to proceed. (From U.S. v. Toscanino, 500 F.2d 267, United States Court of Appeals, Second Circuit, 1974)


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PostPosted: Wed Mar 05, 2008 3:26 pm    Post subject: Reply with quote

From the PokerPulse Gambler's Guide to Climate Change - Tourism 'leakage' and why Internet gambling is more cost-effective financially and environmentally than super-size casino resorts:

Travel & Leisure
Magazine Subscription
The new Costa Rica
In the country that more or less invented eco-travel, you'll find lush jungles, enormous turtles, untouched beaches - and rapidly xpanding luxury resort developments. Julian Rubinstein investigates.
November, 2007


Quote:
More on wasteful tourism 'leakage' in fragile tropical eco-systems.





Quote:
... in 1987, ... "When (President) Oscar (arias Sanchez now in his second term) won the Peace Prize (for brokering an agreement among troubled Central American countries to promote democracy and end civil strife), we knew everything was going to change," Alvaro Ugalde, cofounder of the national park system, told me. ...

Visitors began pouring into the country, and soon, tourism leapfrogged bananas and coffee to become the country's top revenue-producing industry - it now brings in $1.6 billion a year. But the boom also created a classic tug-of-war between developers and environmentalists. In 1993, while Costa Rica was promoting itself as an eco-friendly destination, a well-regarded German environmental organization awarded the country's tourism minister its infamous Green Devil for gross mistreatment of the environment related to the construction of a multimillion-dollar seaside resort called Playa Tambor. And although an impressive 25 percent of the country's land was protected, ineffective waste management left the rivers so polluted that some raft guides now warn clients not to swallow the water. "People think Costa Rica is some paradise - they think we're angels," said Ugalde, who today spends his time lobbying the government to make the environment a priority. "But no, we're a devil like everyone else. (emphasis added) ...

"We are facing the impact of having attracted so many people and investors to develop their ideas in a safe, quiet, beautiful country, but are they respecting the way we decided to develop?" asks Ana Baez, president of Tourism & Conservation Consultants. "It's hard to tell where it's going. ... (-- pgs. 228-231)


Quote:
Over the past two years, Costa Rica's biggest industry has entered yet anbother phase: luxury development. Spearheaded by the commercial opening of the controversial Peninsula Papagayo - a sloping seven-mile finger of land that droops into the Pacific Ocean from Guanacaste, the country's northwesternmost province - billions of investment dollars have flooded in from hotel companies, including Four Seasons, as well as the likes of Steve Case and Ross Perot Jr. The airline industry is also betting big on the country's northern Pacific Coast: already 45 nonstop flights from North America per week land at the one-strip Liberia international airport in high season, and more are scheduled for 2008. As one might imagine, not everyone is in agreement about what this means for the future of the nation's ecotourism. (-- p. 231)


Quote:
(Michael) Kaye (owner of CR's first and biggest rafting outfitter, Costa Rica Expeditions) had just flown to Tortugeuero from his base in San Jose in order to help launch a program to protect the local beach, which is the most important nesting ground in the Western Hemisphere for the endangered Atlantic green sea turtle. He was also here to meet an expert about new ideas for minimizing the environmental impact of the lodge's waste management system. I was even more impressed by this when Kaye admitted to me, as the night wore on, "Most of my clients don't really care about environmentalism." To please them, he had added a beautiful swimming pool to the lodge. But he had also opposed a recent proposal to build a road connecting Tortuguero to the rest of the country, despite the fact that such access would have drawn more visitors. (-- 274)


Quote:
Arguably one of the best-connected men in North and Central America, Alan Kelso has networked his way into meetings with CEOs and money men around the world; his brainchild, Peninsula Papagayo, is a multibillion-dollar work-in-progress worthy of an anthropological dissertation: a planned community for the international eco-jet set. I met Kelso in his ground-floor office, which abuts the octagonal stone-and-glass clubhouse of the development's Arnold Palmer-designed golf course (the next one is being designed by Jack Nicklaus). ... Kelso, the nerdy child of a middle-class San Jose family, turned out to be completely unpretentious. Unlike most developers in Costa Rica, he is a native, one reason why public criticism of the project died down. Kelso's enthusiasm was infectious. Soon, he was driving me in his SUV to one of the 17 beaches on the peninsula's 15 miles of coastline. ...

Thanks to its physical splendor, Peninsula Papagayo has for years been at the heart of the struggle between Costa Rica's environmentalists and entrepreneurs. Finally, in 1993, the government made a controversial decision to lease the property to a Mexican company with ties to Mexico's disgraced former president Carlos Salinas. Before the Mexicans could get anywhere, they were sued for multiple environmental violations. In 1997, the project's minority partner, Costa Rica's national beer company, privately met with Kelso to ask if he would consider buying the Mexicans out. Kelso had made his name putting together the Los Suenos Marriott, a highly successful property 140 miles south. In the past years, he'd turned down all such offers, but this time, "I didn't even have to think about it," he says.

For a sum he would describe only as the value of "maybe one or two villas today," Kelso bought out the Mexxicans and went to work developing a master plkan for the peninsula. He envisioned an exclusive, independent city. There was literally nothing on the land, so Kelso began planning and building roads and creating and hiring his own fire department, security, and emergency response network. He established a NASA-like telecom center that digitally controls everything from the water supply to electricity. "We have traffic mapped out for the next fifteen years," he says. Then he set about selling off pieces of the property to carefully selected "bell cow" investors such as Steve Case and Ross Perot Jr. - both of whom are building exclusive time-share villas - and bringing in a Four Seasons Hotel, which he knew "had a following of its own."

By the end of next year, Kelso will open a 382-slip marina, more than twice the size of any other in Central America. And he has hired the architect of Beaver Creek, Colorado, to help design a surrounding village, set to open in 2009. There are also independent homes for sale, some of which come with the option of service from the staff and restaurants of the Four Seasons. People like Madonna are rumored to have bought in. "I don't know if we are an eco-tourism destination, but we are environmentally responsible," Kelso says. He keeps his golf courses green in part using desalinated seawater, and rather than trying to skirt Costa Rica's law that all beaches remain public property, he runs a bus service carrying locals to the peninsula's shores. "We had 75,000 visitors last year," he says proudly. And whereas the Mexican group had planned to build 16,000 residential units on the peninsula, Kelso's plan is capped at 2,500. ... (emphasis added) (-- pgs. 274-275)


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.


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