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Authors

Akhil Raina

Abstract

There is a growing interaction between international trade and human rights around the world. In the light of this, the case of ‘United States – Measures Affecting the Cross-Border Supply of Gambling and Betting Services’ is of immense importance. In this paper, the author attempts to concentrate on the substantive conclusions of the case and goes on to show that the Appellate Body has done a (largely) commendable job. In that case the Appellate Body held that an total prohibition on remote gambling was “in effect” a `zeroquota' 'hence violative of Article XVI:2. That holding has been widely criticized, especially for what critics refer to as the Appellate Body's “effects test”. The AB went further to hold that the Article operates in a mutually exclusive way with regard to Article VI on Domestic Regulations. This blurring of lines between the market access obligation and the concept of domestic regulations is examined in this Article, against the backdrop of one of the most important and contention services today- environmental services.

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