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Case Study Analysis of the Offshore Internet Gambling and the Wto Case Study Analysis: Offshore Internet Gambling and the World Trade Organization

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Case Study Analysis of the Offshore Internet Gambling and the Wto Case Study Analysis: Offshore Internet Gambling and the World Trade Organization
Running Head: Case Study Analysis of the Offshore Internet Gambling and the WTO Case Study Analysis: Offshore Internet Gambling and the World Trade Organization
Ayman Naguib

Abstract This case study analysis discusses the central issue of the case presented in the article, as well as the most relevant facts and assumptions with respect to the case under investigation. Furthermore, patterns that arise from reflection on these facts and assumptions with relation to external environment perspectives are described. The analysis also examines the consequences of not addressing the central issue of the case, and provides suggested actions in order to resolve it in the short and long term. Introduction The World Trade Organization (WTO) has been established as the world’s single international organization dealing with the rules and regulations governing trade between nations. In principal, the WTO is concerned with helping producers of goods and services, exporters, and importers conduct their business within a competitive, non-discriminatory, open and transparent global trade framework. However, in reality, achieving these objectives is far from being easy. The complexity of the WTO agreements signed by the majority of the world’s trading nations and collisions with national legislative frameworks, economic policies of the individual member states and political issues are the main hurdles in the way of achieving the objectives of the WTO. Consequently, several disputes have surfaced during the past decade. One of the most remarkable cases involved the Offshore Internet Gambling activities that take place in Antigua, a Caribbean island state. The importance of this case can be attributed to the fact that it was the first attempt by the WTO to examine cross-border electronic services as has been shown by Pontell, H., Geis, G., and Brown, G. (2007). The roots of the dispute between the USA and Antigua are undoubtedly related to the criminal prosecution of Jay Cohen, an



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 Regulation and Free Trade in Services - A Balancing Act. Legal issues on Economic Integration, vol 29, no 3. Krajweski, Marcus (2003). National Regulation and Trade Liberalization in Services: The Legal Impact of the General Agreement on Trade in Services (GATS) on National Regulatory Autonomy; Kluwer Law International, 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 Sauvè, Pierre, Editors (2004. Domestic Regulation and Services Trade liberalization. World Bank 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 guide to the GATS Debate, Canadian Centre for Policy Alternatives, Ottawa. World Trade Organization (2007). WTO Dispute Settlement : One-Page Case Summaries : 1995September 2006. Geneva: WTO Publications.

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