Offshore Internet Gambling and the World Trade Organization Essay

slip of paper convey summary of the onshore earnings fun and the Wto Case field of study Analysis shoreward net income maneuver and the World patronage schemeRunning repoint Case Study Analysis of the onshore earnings looseness and the WTO Case Study Analysis seaward Internet Gambling and the World hand judicature Ayman NaguibAbstract This grounds bailiwick analysis discusses the of import push through of the sheath presented in the article, as well as the most relevant facts and assumptions with respect to the case under investigation. Further more(prenominal), patterns that arise from reflection on these facts and assumptions with relation to external purlieu perspectives be described. The analysis as well examines the consequences of not addressing the central issuing of the case, and provides suggested actions in revision to go down it in the short and long term. macrocosm The World Trade fundamental law (WTO) has been found as the worlds hotsh ot inter home(a) organisation dealing with the approach patterns and jurisprudences government activity trade betwixt nations. In principal, the WTO is implicated with helping producers of goods and table work, exporters, and importers conduct their business inwardly a competitive, non-discriminatory, open and transp arent spherical trade role model. However, in reality, achieving these objectives is furthermost from beingness easy.The complexity of the WTO agreements signed by the volume of the worlds trading nations and collisions with subject field legislative frameworks, economic policies of the separate section states and political effects are the main hurdle race in the way of achieving the objectives of the WTO. Consequently, several difference of opinions urinate surfaced during the past decade. One of the most noteworthy cases involved the Offshore Internet Gambling activities that take place in Antigua, a Caribbean island state. The importance of th is case tail assembly be attributed to the fact that it was the first attempt by the WTO to examine cross-b inn electronic operate as has been shown by Pontell, H., Geis, G., and Brown, G. (2007).The roots of the dispute between the the States and Antigua are undoubtedly tie in to the criminal prosecution of Jay Cohen, an Ameri preserve citizen that cofounded and ran an online shimmer business licensed in Antigua. The nucleotide of the prosecution was an alleged colza of the US Wire Act (U.S. Code, Title 18 1604) (United States v. Cohen, 2001). The aforementioned statue was enacted in 1961, decades before the cyberspace became publicly accessible. Antigua stateed that the USA has been using the complexity and opacity of its own legal corpse to deflect attention from thefundamental issue which is to cover revenues from meshworkRunning headway Case Study Analysis of the Offshore Internet Gambling and the WTO gaming at bottom the US, which contradicts with the USAs obligat ions as per the full general concordance on Trade in work (GATS) that the USA ratified. On the early(a) hand, the USA claimed that the disputed activity poses financial and social threats to its citizens. Identification of the Central ply While the GATS definitively concedes the right of crowned head states to regulate and to devise laws on the bring of services within their countries to meet bailiwick policies and strategies (Krajweski and Marcus, 2003), aligning such(prenominal) regulations, legislative instruments and policies to the commitments of the individual states that are signatory to the GATS and vice versa is lots a problematic affair that has take to a majority of the recent disputes handled by the WTO.This is clearly the case in the Internet Gambling dispute. Another issue is maintaining a balance between the spare necessarily of developing and poorer countries and those of the richer and already veritable countries, as far as the liberalization of servic e trade is concerned. Notably, a depicted object of the WTO dispute settlement cases during the period from 1995 to 2006 (World Trade nerve WTO, 2006) shows that the USA has been involved in some 38% of all disputes handled by the organization during that period. Most of these disputes involved developing countries. storied Facts and Assumptions Based on a study of the facts and assumptions stated in the article, the following facts can be identified The GATS was applicable to call and gambling and the USA was in violation of the GATS treaty The WTO mechanism allows sovereign states to sub collectible that trade of certain reapings or services that are deemed to pose risks to public morality and/or public order, provided that such products or services are the production of such products or rendering of such services should not be allowed domestically. However, as far as the USA is involved, gambling activities are permitted in several states, such as Nevada, Michigan and Oh io, amongst othersThe American legal framework is complicated and somehow obscure due to the variation between State take aim laws and Federal laws and The USA has ratified the GATS without making exclusions pertaining to gambling activities, unlike the Senegal which made an explicit exclusion in its agreement to rule out crossborder betting (WTO,2005, p. 63)Similarly, the following assumptions can be pointed out Antigua has demonstrated that it has devised rules and regulations aiming at addressing, as far as pretty practicable, the concerns over malingerer and under-age betting. In fact, the measures interpreted by the Antigua appear to be more stringent than those enforced within the USRunning pointedness Case Study Analysis of the Offshore Internet Gambling and the WTO Suspicions have arisen as to the true motives do-nothing the USAs claims, which could indicate that the claim was driven by the desire to retain revenues generated from internet gambling and Restrictions th at the USA act to impose over Internet gambling activities, would negatively affect the Antiguan economy. Arising Patterns and the extraneous Environment The arising patterns suggest that on the technological environs, new technologies such as the internet and related technologies pose a argufy to national legislations and world(prenominal) regulatory frameworks which pauperisation to address the implications of such advancements.Furthermore, the political environment is affected by issues arising from the power that the more create and rich nations try to cypher on poorer developing nations in order to enforce their national strategies, which can sometimes be in contradiction to the spheric inclination towards facilitating the growth of developing nations. As far as the economic environment is concerned, the consequences of such disputes may be greatly harmful for developing countries such as Antigua, compared to the impact it might have on developed nations such as the US A. For example, in 1999, 10 percent of Antiguas vulgar national product (US$ 0.6 Billion) was generated from online gambling, which was equivalent to only if 0.006 percent of the gross national product of the US during the same year.Consequences There are several consequences of not addressing the central issue identified in this analysis, the most significant amongst which is making agreements such as the GATS unable(p) due to the collision between national interests of the more powerful countries and the brisk demand of developing countries. Furthermore, tradeimbalances and discriminatory global wealth distribution go away be inevitable, which will clearly be attached towards the more powerful and developed nations will have control. Recommended Actions In light of this analysis, the short-term actions that are suggested to resolve the central issue entail working towards streamlining the internet gambling business in Antigua in collaboration with the USA to ensure that co ncerns over fraud and underage gambling is reasonably addressed.Furthermore, the USA should adopt a more plain approach that avoids double standards in deeming the righteousness of internet gambling. On the long term, an international framework is required in order to establish a more legal and transparent mechanism to maximise the coincidence of national legislation with international treaties, without compromising the rights of each nation over its legislative instruments. Additionally, the WTOs should enforce provisions that are meant to give developing nations a special and a moreRunning Head Case Study Analysis of the Offshore Internet Gambling and the WTO lenient billet when liberalisation of trade is concerned. These provisions should also be protected against unjust practices from developed nations. On the other hand, the WTO and particularly its developed nations members should assist developing countries to implement legislative reforms that ensure that such countrie s to achieve bump governance and compliance in adopting more fair trade practices.Running Head Case Study Analysis of the Offshore Internet Gambling and the WTO References CIA 2008. Antigua and Barbuda. The World Factbook, Updated fearful 7. Retrieved from https//www.cia.gov/library/publications/the-world-factbook/geos/ac.html. Djordjevic M (2002) Domestic ordination and Free Trade in operate A Balancing Act. Legal issues on scotch Integration, vol 29, no 3. Krajweski, Marcus (2003). National jurisprudence and Trade Liberalization in go The Legal Impact of the General Agreement on Trade in Services (GATS) on National Regulatory indecorumKluwer Law International, The Hague-London-New York. Lang, Andrew (2004) The GATS and Regulatory AutonomyA Case Study of Social regulation of the Water Industry, Journal of international Economic Law, 7(4). Mattoo Aaditya and Sauv, Pierre, Editors (2004. Domestic Regulation and Services Trade liberalization. World Bank and Oxford University Pr ess. Pontell, H., Geis, G., and Brown, G. (2007). Offshore Internet gambling and the World Trade Organization Is it criminal behavior or a commodity? International Journal of Cyber Criminology, 1(1), 119-136. Scott Sinclair and Jim Grieshaber-Otto (2002) face the Facts A guide to the GATS Debate, Canadian concenter for Policy Alternatives, Ottawa. World Trade Organization (2007). WTO Dispute Settlement One-Page Case Summaries 1995September 2006. geneva WTO Publications.