WTO case against China could all be for nothing

WTO case against China could all be for nothing

written April 10, 2007

The Bush administration announced new trade cases against China on Monday over copyright piracy and restrictions on the sale of American movies, music and books. But if the United States continues to pick and choose which WTO decisions they follow it could all be for nothing.

Forces below the surface are starting to stir in the U.S. Congress in regards to the World Trade Organization?s ruling of non-compliance in the case with Antigua. Not only are some prominent politicians concerned about the potential havoc Antigua could incite to copyright laws, there are bigger issues with the WTO. Some very radical problems could result if the U.S. does not take this ruling in favor of Antigua seriously.

Trade law negotiations are the responsibility of the Executive Branch, the President's appointees, specifically the U.S. Trade Representative. Congress has the power only to approve or reject trade treaties. This causes a troublesome disconnect when the WTO expects compliance because it forces Congress to act, even though the President's Trade Representative is defending the U.S.

Congress is starting to ask questions about Antigua. Ileana Ros-Lehtinen, the ranking Republican member of the House Congressional Committee on Foreign Affairs, wrote a letter dated March 20, 2007 (http://www.antiguawto.com/LettertoUSTR.pdf) airing concerns about what the Trade Representative plans to do to ameliorate the issues in the favorable ruling for Antigua.

Rep. Ros-Lehtinen noted, "?our failure to resolve this dispute may harm our credibility as we seek to press countries like China regarding their violations on a range of issues, including intellectual property protection, subsidies, and currency manipulation." She further warned, "In the event the United States fails to reach a satisfactory resolution of the Antigua dispute, it could provide China with an argument to ignore a WTO decision favorable to the United States."

This is good news for gamblers because ultimately change must come from Congress. To hear they are paying attention to WTO rulings despite the outright denial of guilt by the USTR is a positive sign. The fact it comes from a member of the President's party makes it even more promising.

The President's appointees so far have handled the case with general disdain. The Trade Representative made a bizarre claim that horse race wagering conducted over state lines is actually illegal and just hasn't been enforced. With responses like this it's safe to say the President's people have little intention of budging a bit to accommodate Antigua.

The letter from the Committee was sent before this week's news announcing the U.S. Trade Representative will send a complaint to the WTO regarding China and piracy issues. The Trade Office stated they have held off on the Chinese action to give time to come into compliance, but it appears their patience has worn thin with an election cycle approaching. One wonders how long would be justified for the U.S. to bring its gambling laws into compliance?

China's entry to the WTO came with big fanfare. China's opening its market to global products and competition has been stunningly successful. Investment and knowledge inflows have been crucial to China's growth of nearly 10 percent a year. Foreign investment however could get locked up if China were to withdraw from the WTO.

What's worse, China has been forced to come much closer to world standards of free trade and market access. Just as they reach a critical mass point, China could shut things down and just try to make a go outside WTO agreements should they choose. Such a move wouldn't hurt China much as they are awash in capital investment as opposed to severely lacking capital just a decade ago.

All it takes is for China to stop seeing benefits from belonging to the WTO. Ignoring rulings could change China's sentiment. The first sign will come when China is ruled against in a motion such as the piracy charge. China will say like the U.S. it disagrees and it will take no corrective action. If China did pull out of the WTO the result for the world economy would undoubtedly be a major recessionary spiral.

Is this a price the U.S. is really willing to pay just to keep its citizens from gambling online? In the bigger scope of governmental responsibility you would have to say no. While the U.S. certainly has shown its willingness to stare down contrary world opinion, common sense dictates it needs to pick its battles wisely. Preventing one small country from offering online gambling surely isn't a matter which you risk the health of the world's economy over.

written by Kenneth Weitzner--EOG
 

JeffR

EOG Senior Member
Re: WTO case against China could all be for nothing

Good post, Ken. Wouldn't it be great if this issue, which has been flying somewhat under the radar, was posed to one of the presidential candidates? "Senator Clinton/Obama/Edwards, how do you feel about the WTO ruling that the US laws against online gambling violate WTO regulations?" Would love to see one of them take a public stand on the issue. The great thing about this issue is that it has moved from being a "gambling issue" to one of whether the US will adhere to international norms. It may take awhile for the ruling to reach public consciousness, but it seems like it will at some point....
 
Re: WTO case against China could all be for nothing

How can the United States expect China to comply with any favorable WTO ruling if the US doesn't comply with the unfavorable one with Antigua?
 

Whoson1st

EOG Dedicated
Re: WTO case against China could all be for nothing

"Settling it with Antigua": What are the chances that the Antigua Gov. would simply take the good old fashioned "buyout"? That is my fear. We have not heard them say one way or the other about this.
 

JeffR

EOG Senior Member
Re: WTO case against China could all be for nothing

I would think that the Antiguans want a longterm revenue stream for their country, rather than a one-time buyout. To paraphrase an old proverb: Give a man a payout, and you've fed him for a day; give a man his own sportsbook and you've fed him for a lifetime!":dancefool
 

Whoson1st

EOG Dedicated
Re: WTO case against China could all be for nothing

I would think that the Antiguans want a longterm revenue stream for their country, rather than a one-time buyout. To paraphrase an old proverb: Give a man a payout, and you've fed him for a day; give a man his own sportsbook and you've fed him for a lifetime!":dancefool

Good point. But would hope to hear them say the same.
 

O'Royken

EOG Dedicated
Re: WTO case against China could all be for nothing

I thought that the Internet Gambling bill could be challenged in a US Courtroom?

If so what is the chance of it going to a US Courtroom and getting a judge to rule in favor of a repeal based on the WTO ruling?
 

Woody

EOG Veteran
Re: WTO case against China could all be for nothing

Good article Ken.

I don't expect Congress to do much, if anything, in the way of repealing laws to conform with the WTO ruling. More likely is a negotiated settlement with Antigua, allowing them to be a sole offshore supplier, while otherwise maintaining their protectionist stance. Of course this settlement might require the UIGEA to be repealed, or more likely not enforced, since it would be too burdensome on banks to allow gambling money to go to Antigua only.
 

pioneer

EOG Dedicated
Re: WTO case against China could all be for nothing

Good article Ken.

I don't expect Congress to do much, if anything, in the way of repealing laws to conform with the WTO ruling. More likely is a negotiated settlement with Antigua, allowing them to be a sole offshore supplier, while otherwise maintaining their protectionist stance. Of course this settlement might require the UIGEA to be repealed, or more likely not enforced, since it would be too burdensome on banks to allow gambling money to go to Antigua only.

That is extremely unlikely since 2 of the other offshore suppliers(as you put it), are 2 of our biggest and staunchest allies, namely the UK and Australia.
 

sean1

EOG Dedicated
Re: WTO case against China could all be for nothing

A buyout will not work and just giving Antigua rights will not work.

If the US pays Antigua X million (I was hearing $300mm was the bargaining figure), every other poor ass country in the WTO will file a dispute and seek their millions too.

If the US gives Antigua the right to offer gaming, but keeps laws in place to prevent other coutries: 1. China will still be able to say the US is breaking a WTO ruling by having contradictory laws. 2. Many other countries would file the exact same appeal and the WTO would not need much thought to rule. The WTO must have a methodology for subsequent cases over the same thing. I can't imagine them hearing 50 cases separately.

Basically, the US has two choices and will need to do one of them within the next year:

1. Allow offshore gambling - likely with some regulations (Which wont work) to watch for money laudering and terrorists. Most likely the wire act will be repealed and US casinos will be given the ability to do fair competition with taxes.

2. Basically dissolve the WTO by giving it no power or effect.

Taking on China right after losing was not something the US would have done if they intended to ignore. It is much easier to ignore when not pursuing others.

I suspect we'll see wagering legal before Bush leaves office.

-Sean
 

devilmann

EOG Addicted
Re: WTO case against China could all be for nothing

Good article Ken. On one hand I am optomistic about these developments, but on the other I don't see the U.S. congress doing much to change this situation. Our government (for good or bad) seems to have a long standing tradition of "giving the finger" to the rest of the world. I would expect a game of "chicken" to ensue for the time being, and then maybe some sort of settlement with Antigua, only if China really turns the heat on.
 
Re: WTO case against China could all be for nothing

The US is losing a lot of powers gradually. The central bank has little power compared to what it used to. The stock markets aren't even the home of the most IPOs. The capital markets are only a player, not a dominant one as they used to be. The US has lost its power to demand what it wants from the world economy as well. This is a very real issue, if China stops playing by WTO rules and just decides to shut off ways to take out investments the world economy will be in serious trouble. China's picking and choosing the best and ignoring the worst, the US is giving them plenty of justification to do so if they continue on this path.
 

pioneer

EOG Dedicated
Re: WTO case against China could all be for nothing

Basically, the US has two choices and will need to do one of them within the next year:

1. Allow offshore gambling - likely with some regulations (Which wont work) to watch for money laudering and terrorists. Most likely the wire act will be repealed and US casinos will be given the ability to do fair competition with taxes.

2. Basically dissolve the WTO by giving it no power or effect.

Taking on China right after losing was not something the US would have done if they intended to ignore. It is much easier to ignore when not pursuing others.

I suspect we'll see wagering legal before Bush leaves office.

-Sean

I agree with #1, and that's good news!
 
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