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Choosing between liberalization and regulatory autonomy under GATS: implications of U.S.-Gambling for trade in cross border e-services.
- Article from:
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Vanderbilt Journal of Transnational Law
- Article date:
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November 1, 2007
- Author:
- King, Nancy J.; Kalupahana, Kishani
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Copyright informationCOPYRIGHT 2007 Vanderbilt University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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ABSTRACT
In 2005, the World Trade Organization (WTO) Appellate Body presided over United States--Measures affecting the cross-border supply of gambling and betting services (U.S.-Gambling), in which Antigua argued that U.S. criminal laws banning the provision of cross-border online gambling services violate U.S. commitments under the General Agreement on Trade in Services (GATS). For the first time, the WTO's dispute settlement process directly addressed the application of GATS to domestic regulatory barriers restricting cross-border trade in services. This Article examines GATS rules on domestic regulation as well as the WTO Appellate Body and Panel decisions in the case ...
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