| Publication |
2007.
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| Summary/Abstract |
The article examines the World Trade Organization (WTO) Appellate Body's ruling in US - Gambling that United States (US) prohibitions on the foreign supply of gambling and betting services via the internet to consumers in the US violated US market access commitments under Article XVI of the General Agreement on Trade in Services (GATS). The article reviews the main arguments criticising the decision and suggests that these views are (i) misguided because they rely excessively on a textual approach to interpreting Article XVI market access commitments, and (ii) lead to results that do not conform with the common intentions of the negotiating parties. The article argues for an approach that relies primarily on examining the facts of each case and the context in which WTO Members' commitments are negotiated. This approach also emphasises the importance of WTO Members making clear and precise market access commitments. In the author's view, the Appellate Body ruling adds more clarity to how GATS market access commitments will be interpreted in the future and, in doing so, facilitates market access negotiations and the making of additional commitments by WTO Members
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