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World Trade Organisation hearings now in session
Antigua and the USA remained locked in dispute this week following an earlier and unilateral American declaration that it was in compliance with the WTO's Dispute Settlement Body rulings and recommendations on Internet gambling. The islanders are contesting the declaration, leading to the hearings in Geneva by a three man independent WTO panel.
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China, the European Union and Japan continue to participate as "third parties," and will be given an opportunity during the hearings to present their views on the USA's claims of compliance.
"This is just another step in our ongoing efforts to ensure that the United States complies with its obligations under WTO agreements and implements the rulings and recommendations of the DSB," said Antigua and Barbuda's Minister of Finance and the Economy, Dr Errol Cort.
"We believe that, notwithstanding the size of its economy, every WTO member has an obligation to play by the rules and accept and implement the outcomes of an established judicial process all members agreed to for resolving their trade disputes," he added.
The panel hearings are a culmination of a process that began earlier this year when Antigua and Barbuda and the United States informed the DSB that they disagreed as to the existence or consistency of measures taken by the United States to comply with the recommendations and rulings of the DSB regarding online gambling.
"This fundamental disagreement led us to request consultations under Article 21.5 of the DSU," said Dr John Ashe, Antigua and Barbuda's Ambassador to the WTO. "This in turn led us to call for the establishment of an Article 21.5 panel and we were pleased that the DSB decided to refer the matter to the original panel, if possible," he added.
"This has truly been an uphill battle, a long slog," said Mark Mendel, Antigua and Barbuda's Legal Adviser.
"It began 1n 2003 when we requested consultations with the US regarding measures applied by central, regional and local authorities in the US which affect the cross-border supply of gambling and betting services from Antigua and Barbuda. We made it clear then, as we do now, that the cumulative impact of the US measures is to prevent the supply of gambling and betting services from another WTO Member (in this case Antigua and Barbuda) to the United States on a cross-border basis," he said
Kaye MacDonald, Director of Gaming in Antigua, agreed and noted: "We have, in the context of the negotiations for a mutually agreed solution to the present dispute, gone to great lengths to find a solution with the US, including calling for a suspension of the panel proceedings on two previous occasions. Only when it became obvious that the US was not interested in arriving at a mutually agreed solution did we call for a resumption of the panel proceedings."
The WTO panel is expected to issue its rulings and recommendations in late January or early February 2007.
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