Antigua And Barbuda Internet Gambling

A number of legal experts and observers in the United States say Washington is in a bind over its on-going online gambling dispute with Antigua and Barbuda. In statements issued here Thursday, many of them said if the United States complies with the World Trade Organization’s (WTO) ruling, the Legislature and the Bush administration would either have to reverse course and allow Americans to place bets online legally with offshore casinos or they would have to impose an “across-the-board” prohibition on all forms of Internet gambling. These include the online purchase of lottery tickets, participation in Web-based pro-sports fantasy leagues and off-track wagering on horse racing. At the same time, the experts said if Washington does not comply with the WTO it would present “big problems of its own”. “Think of this from the WTO’s point of view,” said Charles R. Nesson, a Harvard Law School professor, in a statement issued here. “They’re this fledgling organisation dominated by a huge monster in the United States. People there must be scared out of their wits at the prospects of enforcing a ruling that would instantly galvanize public opinion in the United States against the WTO,” he said. In April 2005, the WTO gave the United States one year to comply with its ruling. But despite its non-compliance, Washington said it has reviewed its laws and concluded that it has not contravened the laws. The case is now before a WTO Dispute Settlement Body (DBS), which is charged with assessing damages. Antigua and Barbuda is seeking $3.4 billion in compensation from the United States for its non-compliance. If Washington refuses to accept the DBS ruling, Antigua and Barbuda has also asked the WTO to grant permission for Antiguans to violate intellectual property laws by allowing them to distribute copies of American music, movie and software products, among others. “The stakes here are enormous,” Professor Nesson said, while Lode Van Den Hende, an international trade lawyer based in Brussels noted “Geneva is certainly buzzing about this case”. Van Den Hende said one reason for the global interest in the case is its “David-and-Goliath aspect.” He said other reasons for the dispute include the fact that the case is likely to serve as a “major precedent” in establishing rules of commerce in the new information age, as well as “that the US is not behaving as one would expect”. “One day they’re out there saying how scandalous it is that China doesn’t respect WTO decisions. But then, the next day, there’s a dispute that doesn’t go their way and their attitude is: The decision is completely wrong, these judges don’t know what they’re doing, why should we comply?” he added. Mark Mendel, a US trade lawyer, who is representing Antigua and Barbuda in the dispute, said the issue is not one of “forcing gambling on a population that has decided they don’t like it. “This is the world’s biggest consumer and exporter of gambling services trying to prohibit a small country from developing its economy by offering these same services and we find that deeply hypocritical,” he added.