United States—Measures Affecting the Cross-Border Supply of Gambling and Betting Services
Appellate Body of the World Trade Organization
The General Agreement on Trade in Services (GATS) establishes rules regulating the measures that World Trade Organization (WTO) nations can implement to affect trade in services. Under the GATS, WTO members can make commitments in various service sectors, which are outlined in each nation’s GATS “schedule.” GATS Article XVI provided that a nation could not restrict trade in services unless the restrictions were included in the nation’s schedule. W/120 and the 1993 Scheduling Guidelines were documents issued to offer guidance on how schedules should be created. In its schedule, the United States (defendant) made commitments in Subsector 10.D to “other recreational services (except sporting).” The United States did not list any cross-border limitations under this commitment. In 2004, Antigua (plaintiff) initiated dispute proceedings against the United States. A WTO panel ruled that U.S. laws forbidding internet gambling, including the Interstate Wire Act, Illegal Gambling Business Act, and Interstate Horseracing Act, violated the GATS. The United States appealed, arguing (1) that it had made no specific commitments to trade in gambling, which was included under “sporting services,” and (2) that, alternatively, the regulations fell within the scope of the GATS Article XIV(a) exception, which provided that as long as the measures were not applied in an unjustifiably discriminatory manner, nations were permitted to implement measures that were necessary to protect public morals.
Rule of Law
Holding and Reasoning
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.