“The U'S versus the W TO over International Online Gambling Rights”
On bringing a ruling against the United States, the
World Trade Organization, on behalf of Barbados and Antigua,
asked for a clarification, and so the issue was returned
for further ruling to the World Trade Organization’s
appellate body. Nevertheless, when the appellate body
made its ruling, questions were still left without answer
in connection with the United States policy on Internet
gambling. The United States maintains that it is in its
legal right to outlaw online gambling for the sake of
protecting public morality, and it is this claim which
is at issue. The 1961 Wire Act, enacted in the United
States against using the telephone to bet, was found appropriate
to keep public order and morals, and is used as the basis
of all legal processes aimed at prosecuting offenders
of illegal online gambling operators. As no evidence was
revealed to the World Trade Organization in the one hundred
and thirty eight page report issued by the sides in the
appeals panel, indicating that Internet gambling does
indeed disrupt public order and morality, in regard to
the degree of its ruling the World Trade Organization
now has to bring out one more clarification. This clarifying
declaration is expected next month and should have a great
influence on the industry of online gambling, as it will
deal with the real crux of the problem, namely, in regard
to international gambling transactions whether the United
States government is correct in asserting that it has
the right to control such dealings.
The United States, meanwhile, continues to outlaw
Internet gambling by residents in the United States free
of any inhibitions that she might be in contradiction to
international commercial treaties, knowing that the World
Trade Organization’s ruling maintains this situation.
Undoubtedly to date, the only obvious victor in this ruling
is the United States, even though Antigua also claims a
triumph.
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