I've just spent an hour reading through WTO documents and there's good news and bad news. The findings were to be distributed for review on 22nd December and following feedback were to be published in January/February.
The bad news is that publication of the WTO findings and the ruling have been delayed again (announced on 21st December - see below). The result will not now be known until end of March.
A bit of good news... the Antigua gambling case against the US is one of three solid cases used in the very recent recommendations on "Compliance with WTO Dispute Rulings" and how small nations may retaliate against non-compliance (notably against the US and EU). It's encouraging that the Antigua case is considered to be one of three sound, high-profile cases of non-compliance.
Strengthening Compliance at the WTO
Cross-retaliation in WTO disputes
In a second case, Antigua and Barbuda challenged U.S. gambling
laws. In April 2005, the DSB ruled that three U.S. federal
laws and the provisions of four U.S. state laws were inconsistent
with U.S. obligations under GATS. The DSBs “reasonable period”
of time allowed for U.S. compliance expired on April 3,
2006.3 The U.S. has failed to comply. Antigua and Barbuda now
face the dilemma of how to secure compliance from a signifi -
cantly more powerful trading partner.
WORLD TRADE ORGANIZATION
WT/DS285/20
21 December 2006
(06-6131)
Original: English
UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES
Recourse to Article 21.5 of the DSU by Antigua and Barbuda
Communication from the Chairman of the Panel
The following communication, dated 20 December 2006, addressed to the Chairman of the Dispute Settlement Body (DSB), is circulated in accordance with Article 21.5 of the Dispute Settlement Understanding (DSU).
_______________
Article 21.5 of the DSU stipulates that a panel established under that provision shall circulate its report within 90 days after the date of referral of the matter to it.
Article 21.5 of the DSU further stipulates that when a panel considers that it cannot provide its report within that timeframe, it shall inform the DSB in writing of the reasons for the delay together with an estimate of the period within which it will issue its report.
On 19 July 2006, the DSB agreed to refer the dispute United States – Measures Affecting the Cross-Border Supply of Gambling and Betting Services: Recourse to Article 21.5 of the DSU by Antigua and Barbuda to the original panel, if possible. As the Chairperson of the original panel and one of the panelists were unavailable to serve, the parties agreed on the composition of a new panel, which was constituted on 16 August 2006.
Due to the parties' scheduling constraints as well as the time required for the completion and translation of the report into French and Spanish, the Panel will not be able to issue its report within the 90-day period foreseen in Article 21.5 of the DSU.
The Panel expects to circulate its report to Members by the end of March 2007.
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