Title
The WTO Appellate Body Gambles on the Future of the GATS: Analyzing the Internet Gambling Dispute between Antigua and the United States before the World Trade Organization
Abstract
The World Trade Organization’s recent Appellate Body decision in the Antigua – United States dispute found that U.S. restrictions on Internet gambling qualified for an exception under Article XIV of the GATS. This paper criticizes the Appellate Body’s decision to overturn the WTO Panel on two grounds. First, it argues that the Appellate Body erred when it concluded that U.S. gambling restrictions are necessary to protect public morals or maintain public order. Second, it argues that the Appellate Body failed to adhere to previous WTO measures dealing with similar jurisprudence and both panels did not adequately explain the significance of footnote 5 in GATS Article XIV.
Disciplines
International Law | International Trade Law | Science and Technology Law
Date of this Version
September 2006
Recommended Citation
Kelly Ann M. Tran, "The WTO Appellate Body Gambles on the Future of the GATS: Analyzing the Internet Gambling Dispute between Antigua and the United States before the World Trade Organization" (September 27, 2006). bepress Legal Series. bepress Legal Series.Working Paper 1803.
https://law.bepress.com/expresso/eps/1803