美国禁止通过互联网提供赌博服务的贸易争端评述

Comments on Gambling Service Dispute between Antigua and United States

安提瓜诉美国“赌博案”是世贸组织争端解决机制新近审理结案的一个涉及以互联网方式跨境提供服务的典型案例。文章介绍了这一案件的背景,论述了本案所涉及的实体法律问题,简要分析了本案所带来的启示并预测了其前景。本案的审理及其结果,展现了国际服务贸易中的市场准入规则的重要影响,更凸现了服务贸易的市场开放和国内社会安全之间的潜在矛盾。同时,也将对世贸组织体制内的电子商务、自由贸易与公共道德之关系等问题的走向产生重要影响。

The dispute on U.S.＇s prohibition measures against cross-border supply of intemet gambling between Antigua and United States, which was recently resolved by the dispute settlement mechanism of the WTO, was a typical case conceming trade in service. This paper firstly introduces the background of this dispute, then analyses the substantial legal issues, such as whether United States has made specific commitments on gambling service, whether it violated the obligations of market access, and whether it could justify its prohibition measures on the ground of the public moral exception. Finally, this paper briefly discusses the siguificances of the case and foresees the possible choices for implement of the ruling. This paper concludes that this case and its ruling not only reflect the importance of market access provisions contained in GATS, but also expose the conflicts existing between market access for foreign service and domestic social security. Moreover, it seems that the ruling would play an important role in directing the manner to deal with the work program on electronic commerce and the relationship between free trade and public moral in the WTO regime.