Offshore Internet Gambling and the World Trade Organization Essay

fibre news report digest of the seaward net income shimmer and the Wto Case development Analysis shoreward Internet maneuver and the earth commerce OrganizationRunning conduce Case direct Analysis of the inshore Internet dramatic play and the WTO Case think over Analysis Offshore Internet drama and the humankind disdain Organization Ayman Naguib analysis This facial expression study analysis discusses the key issue of the expression presented in the article, as well as the most germane(predicate) facts and assumptions with respect to the case under investigation. Further much, patterns that come on from reflection on these facts and assumptions with relation to remote environment perspectives ar described. The analysis alike examines the consequences of not addressing the central issue of the case, and provides implyed actions in order to decompose it in the nobble and long term. Introduction The ball spate Organization (WTO) has been established as t he worlds single multi issue ecesis dealing with the rules and regulations g everyplacening backing surrounded by terra firmas. In principal, the WTO is concerned with helping producers of goods and services, exporters, and importers deliver their business deep down a competitive, non-discriminatory, pay and transp bent global mickle framework. However, in reality, achieving these objectives is uttermost from being easy.The complexity of the WTO agreements gestural by the mass of the worlds trading nations and hits with national legislative frameworks, economic policies of the individual member states and political issues ar the main hurdles in the focus of achieving the objectives of the WTO. Consequently, several(prenominal) disputes have surfaced during the past decade. one and only(a) of the most remarkable cases convolute the Offshore Internet Gambling activities that take bottom in Antigua, a Caribbean island state. The importance of this case can be attribu ted to the fact that it was the number 1 attempt by the WTO to examine cross-border electronic services as has been sh ingest by Pontell, H., Geis, G., and Brown, G. (2007).The root of the dispute amid the the States and Antigua are undoubtedly related to the criminal prosecution of Jay Cohen, an American citizen that cofounded and ran an online gambol business license in Antigua. The basis of the prosecution was an assert violation of the US Wire fleck (U.S. Code, Title 18 1604) (United States v. Cohen, 2001). The aforementioned statue was enacted in 1961, decades before the network became habitually accessible. Antigua claimed that the the States has been using the complexity and opacity of its own legal system to deflect economic aid from thefundamental issue which is to retain revenues from internetRunning headword Case use up Analysis of the Offshore Internet Gambling and the WTO gambling within the US, which contradicts with the the Statess obligations as per the G eneral Agreement on Trade in Services (GATS) that the the States ratified. On the other hand, the ground forces claimed that the ch in allenge activity starts financial and social threats to its citizens. naming of the Central Issue While the GATS explicitly concedes the right of sovereign states to regulate and to unionize laws on the supply of services within their countries to meet national policies and strategies (Krajweski and Marcus, 2003), aligning much(prenominal)(prenominal)(prenominal) regulations, legislative instruments and policies to the commitments of the individual states that are signer to the GATS and vice versa is often a baffling affair that has led to a majority of the recent disputes handled by the WTO.This is distinctly the case in the Internet Gambling dispute. another(prenominal) issue is maintaining a balance among the special needs of ontogenesis and poorer countries and those of the bounteouser and already developed countries, as far as the libe ralization of service trade is concerned. Notably, a study of the WTO dispute settlement cases during the completion from 1995 to 2006 (World Trade Organization WTO, 2006) shows that the USA has been multiform in approximately 38% of all disputes handled by the organization during that period. Most of these disputes involved ontogeny countries. Notable Facts and Assumptions Based on a study of the facts and assumptions stated in the article, the following facts can be place The GATS was applicable to degraded and gambling and the USA was in violation of the GATS treaty The WTO apparatus allows sovereign states to restrict that trade of original point of intersections or services that are deemed to set out risks to public morals and/or public order, provided that much(prenominal) products or services are the production of such(prenominal)(prenominal) products or render of such services should not be allowed domestically. However, as far as the USA is involved, gambling ac tivities are permitted in several states, such as Nevada, Michigan and Ohio, amongst othersThe American legal framework is complicated and someway obscure due to the variation between State level laws and Federal laws and The USA has ratified the GATS with out(a) making exclusions pertaining to gambling activities, contrary 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 reasonably practicable, the concerns over charade and under-age betting. In fact, the measures taken by the Antigua break through to be more stringent than those oblige within the USRunning Head Case Study Analysis of the Offshore Internet Gambling and the WTO Suspicions have arisen as to the true motives behind the USAs claims, which could indicate that the claim was driven by the desire to ret ain revenues generated from internet gambling and Restrictions that the USA tried to impose over Internet gambling activities, would negatively impress the Antiguan economy. Arising Patterns and the External Environment The arising patterns suggest that on the technological environment, new technologies such as the internet and related technologies pose a challenge to national principles and international regulatory frameworks which need to address the implications of such advancements.Furthermore, the political environment is affected by issues arising from the power that the more developed and rich nations try to exercise on poorer development nations in order to practice their national strategies, which can sometimes be in contradiction to the global inclination towards facilitating the maturement of ontogeny nations. As far as the economic environment is concerned, the consequences of such disputes whitethorn be greatly harmful for developing countries such as Antigua, com pared to the impact it expertness have on developed nations such as the USA. For example, in 1999, 10 percent of Antiguas rough national product (US$ 0.6 Billion) was generated from online gambling, which was equivalent to only 0.006 percent of the gross national product of the US during the equivalent 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 ineffective due to the collision between national interests of the more coercive countries and the brisk needs of developing countries. Furthermore, trade imbalances and discriminatory global wealth distribution will be inevitable, which will clearly be inclined towards the more right on 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 functional towards streamlining the int ernet gambling business in Antigua in collaboration with the USA to run across that concerns over fraud and underage gambling is reasonably addressed.Furthermore, the USA should adopt a more transparent approach that avoids duple standards in deeming the legality of internet gambling. On the long term, an international framework is unavoidable in order to establish a more effective and transparent instrument to maximise the alignment 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 status when liberalisation of trade is concerned. These provisions should also be saved against unjust practices from developed nations. On the other hand, the WTO and particularly its developed nations members should assis t developing countries to implement legislative reforms that ensure that such countries to achieve better governance and accord 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 August 7. Retrieved from https//www.cia.gov/library/publications/the-world-factbook/geos/ac.html. Djordjevic M (2002) Domestic formula and Free Trade in Services A equilibrize Act. Legal issues on Economic Integration, vol 29, no 3. Krajweski, Marcus (2003). topic Regulation and Trade relaxation port in Services The Legal blow of the General Agreement on Trade in Services (GATS) on National regulatory AutonomyKluwer Law world(prenominal), The Hague-London-New York. Lang, Andrew (2004) The GATS and Regulatory Autonomy A Case Study of Social regulation of the Water Industry, journal of international Economic Law, 7(4). Mattoo Aaditya and Sauv, Pierre, Editors (20 04. Domestic Regulation and Services Trade liberalization. World coast and Oxford University Press. 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) Facing the Facts A submit to the GATS Debate, Canadian Centre for Policy Alternatives, Ottawa. World Trade Organization (2007). WTO Dispute solving One-Page Case Summaries 1995September 2006. Geneva WTO Publications.