Re: The absurdities of trade law

[Eubulides <paraconsistent@xxxxxxxxxxx>]

----- Original Message -----
From: "michael" <michael@xxxxxxxxxxxxxxxxx>


Miller, Scott. 2004. "Does the U.S. Ban On E-Gambling Violate the WTO?"
Wall Street Journal (28 January): B 1.


[snip]
 The
European Union, Japan and Canada are supporting Antigua's complaint.
The court may also weigh in on other issues, including whether the WTO
can, as Antigua requests, compel the U.S. to change gambling laws that
reflect its moral values."

===================

Robert Stumberg of Georgetwon U. Law School told me this wasn't just about
online gambling but for the life of me I can't think of what the other
issues were right now.


http://www.igamingnews.com/index.cfm?page=artlisting&tid=4828
Monday, January 26, 2004

Ambitions to Harmonize
by Bradley Vallerius

A new organization of European online sports betting companies is forming
with the goals of promoting equal rights in the industry by offering its
voice to the European regulatory authorities who are beginning the process
of forming a single set of rules to govern I-gaming across all the
European states.

The European Betting Association (EBA), a non-governmental, non-profit
organization, was established Dec. 15, 2003 by its four charter members:
Betandwin.com Interactive Entertainment of Austria, Expeckt.com of Malta,
Unibet of England and Globet International Sports Betting of England. Two
other companies have already committed to join, although they have not
officially become members yet.

Torbjorn Ihre, the EBA's lobbyist responsible for all external affairs,
says the organization intends to bring on at least 10 members. The group
will also develop a code of conduct and ethical norms for its members to
follow.

The EBA's primary objective is to work toward obtaining a free competitive
betting market in Europe that is devoid of cross-border restrictions and
government monopolies. Focusing on the recently proposed Service
Directive, the EBA hopes to obtain its goal by lobbying the European
Commission, Parliament and Council.

The EC treaty sought to create an open market with a free movement of
services across borders, thereby providing more competition and better
products and prices for consumers. Interactive gambling services, however,
were excluded from the European Union's e-Commerce Directive and as a
result, betting services have not enjoyed the same cross-border freedom
that most other industries have. State-licensed gambling monopolies have
been protected by national laws aimed at limiting gambling and maintaining
social order.

The EBA argues that the monopoly operations are commercialized and should
therefore be subject to competition like most other industries within the
European Union. According to the EBA's position paper, "The competitive
services should be based on the principle that an operator with a license
in one country can provide, without obstacles, the same service offerings
to customers in all countries within the EU."

In its proposed Services Directive, the European Commission has sought to
strengthen the cross-border provision of services by giving member states
the duty of defending their restrictions.

But while the Services Directive does not lay out any regulation for
cross-border gambling services, it does ask that rules to govern the
I-gaming services industry be established by 2010.

In the spring of 2004, the commission will begin a study on what sort of
new legislation could harmonize I-gaming within the EU. The EBA intends to
serve as a knowledgeable advisor to the commission in researching the
industry and developing new rules for it.


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