Measures Affecting the Cross-Border Supply of Gambling and Betting Services.

E A F I T U n i v e r s i t y

I n t e r n a t i o n a l N e g o t i a t i o n

C a s e A n a l y s i s

By:

Melisa Ricardo Hoyos

Santiago Gómez Cadavid

Natalia Ríos Espinosa

Lina María Mejía

Measures Affecting the Cross-Border Supply of Gambling and Betting Services.

1. What role could/did the media play in the dispute?

Nowadays Media has become an important part of our society, people consume news with the breakfast, lunch and dinner; it has become a basic need just as clothing or exercising, for example at the university, there are teachers whom tell the students that in order to be “running” on the right “field” in their particular studies area is almost mandatory to be informed about what’s going on in the world, especially in the business and scientific fields. So is a reality that media is playing an outstanding role in building society, by informing, educating and creating a critical point of view from its audience.

Nevertheless sometimes the information which is presented is not the most accurate for the current situation, or the reality, and instead of that there are some media agencies whom are presenting “commercial information” it means that they are looking for “hot” news or modeling the information

in order to make it more interesting or more “eye catching” with the porpoise to sell news as much as they can; sometimes this fact makes that what’s being shown on the news instead of informing is confusing and disorientating people.

Now with all the technology we have developed, it is instantaneous even to make a publication of some article, for example by the internet, or reading it by the same way. Now reporters can be common people who have access to the information, and the desire to tell others about it, or the feeling to express their point of view in order to act towards some topic or situation. Then regarding the important role that media has in our society, we are able to project into the situation what role did the media play regarding this dispute, or what role could it have if wanted to report more on the case.

Media could play with U.S reputation, so the countries can be aware about its gambling commitments. Affected countries could make use of their media body, making entrepreneurs to understand U.S position in some commerce issues, in other way, media can bring a U.S reaction about gambling commitments and change its position.

Another good strategy, would be to inform the interested group of people and like that put pressure on the unfair measures of the United States Government, because it is

unreasonable to tell people what to do on their free time and even more if those measures goes against the GATT regulations.

The media definitely play an important role in this dispute, because thanks to it, the world or are least the interested parts could be informed about what was or is going on, but also it is essential to state that the media or people can not do to much on this negotiation for the reason that the regulations on the WTO are already set. Also if we analyze this dispute has been during almost seven years, and no one is able to do something, in our opinion because the United States is looking always forward to act according to its own laws and not a very collaborative strategy.

2. Could/ did the parties use the media in

anyway in their negotiation strategy?

Both parties have used media in some way

in their negotiation strategy, but Antigua has

used this tool more than United States. This

is because it pushes the US government to

accomplish its commitments with the WTO

articles, and highlight a situation affecting

other countries that have “economic

alliances” with US, but the only one who “do

their part” are the countries involved. Next

we have an example of the media used as

a tool for reporting the situation:

“In a July 2009 government press release,

the Minister of Finance of Antigua is quoted

as stating that “‘while we may in the future

consider exercising the right to impose

sanctions, as of this moment, I am instead

looking forward to meeting with the United

States government in the near future and

focusing on a mutually beneficial resolution

of the issues raised by the remote gambling

case.’”249 The USTR’s annual report for

2010 also indicates that the parties have

been consulting with a view to achieving “a

mutually agreeable resolution” to the

dispute.” By the other hand United States

goverment rarely report its position in a

different scenario to the WTO.

3. If you where the media, would you

report on the dispute? Why or why not?

This situation is a very weird situation, in

one hand there is a prohibition of gambling

games and betting services in the U.S,

except in those states where it is aloud as

in –Nevada – and – Athlantic City and in the

other hand the US government is pushing

the country neighbors to forbid this

activities on the online channel.

As seen, there is a moral dilemma, and this

is also mixed with legal ambiguous

situations. That makes us wonder about the

real interest hidden. Whether as

International Negotiators or as a Media

agency, there is a trouble situation that

requires a deeper analysis; it is important to

visualize the whole scope, for example

observing who are the stakeholders in this

situation, and according to the logic, the

Gambling empires at the States, are

interested on the prohibitions of the on line

gambling and Betting services, as well as in

the Us borders.

According to this, as a media agency we

would report the dispute, in order to make

public the debate and show people how the

government is using a “double moral” with

the objective to benefit some empires.

If gambling is allowed in some states, why

the US feel the right to push other counties

to forbid activities that they as a whole

nation, are not completely agree on how to

manage the subject, and even worst, that

allow inside their own country, no matter

that is forbidden in some areas. In other

direction, there is the ambiguity of the US

laws referring to this particular case.

Reviewing this dispute, we can perceive

that there is something that “smells bad”,

the lobby of the gambling empires is being

stronger than the common well and the

justice. So if we would have the chance to

inform the audience about this we would

definitely do it, but only under certain

circumstances. For example, we would do a

very serious investigation on the details of

the case, and we would bring a lawyer

expert on the case in order to explain on an

objective way, the issues with the

ambiguous laws, in order to promote a

critical point of view of the audience, and if

possible produce a good impact in the case

and straggling for justice and fair play for

the gamblers.

By:

Melisa Ricardo Hoyos Santiago Gómez Cadavid Natalia Rios Espinosa Lina Maria Mejia