Contemporary Problems with the GATS and Internet Gambling: ‘Fairness and equality tend to be in the eye of the beholder, especially when commercial interests are at stake.’

This article focuses on the issue of enforcement of the WTO rules on international cross-border trade in services. It is argued that the examination of the GATS jurisprudence and state practice reveal that the GATS does not address the needs of the developing countries in general and the prospects of internet gambling services in the Caribbean Community in particular. First, the article discusses the extent of service-producing activities within the GATS provisions and outlines the main principles of WTO. It stresses that ‘services’ include gambling and games provided online. It also asserts that cross-border trade in services via Information and Communication Technologies presents several challenges for policy makers including enforcement, control and accountability. Second, the article critically analyses the United States (US) domestic legal instruments, which led to the complaint by Antigua and Barbuda. Subsequently, the focus is shifted to the critique of the judgments by WTO dispute settlement bodies. Third, the article evaluates the effectiveness of the DSU from a legal redress and compliance point of view, particularly in instances where weaker economies as complainants challenge leading economies of the world.