The purpose of this work is to assess the current regulation of international
trade in gambling services. Departing from different national definitions,
“gambling”represents, in this study, all services which involve
wagering a stake with monetary value in uncertain events driven (at least
partially) by chance, including lotteries, casino and betting transactions.
International trade” of such services implies that the provider, the
beneficiary or the service itself must cross a national border. Therefore,
notwithstanding a brief evocation of selected national legal frameworks on
five continents, this research has striven to focus on international
regulations governing – principally or incidentally –provision of
such services. In this context, Internet-provided gambling services were
granted special attention.
To this purpose, this work has been constructed in an Introduction and two
The Introduction lays the basic frame by exposing the historical,
economic and legal background surrounding games of chance in numerous
countries on the five continents, which are essentially divided into “gambling
– restrictive” or “gambling – liberal” jurisdictions.
It also gives a definition of “gambling” services in this study,
and it endeavors to classify such services in different categories (lotteries,
betting, casino-type gambling, other types including media gambling and sales
promotion services, examined from a “land-based” or “remote” perspective).
The First Part (Global Trade in Gambling Services) is dedicated to
international instruments regulating trade in services with a global reach. It
is further divided in two main subparts, as unequal in importance as the
instruments they analyze. The first relates to the prominent General Agreement
on Trade in Services (GATS), signed by 153 countries under the auspices of the
World Trade Organization. The second, more modest, examines the services
liberalization framework established by the Organization for Economic
Co-operation and Development (OECD) for its 30 member countries.
The Second Part (Regional Trade in Gambling Services) scrutinizes
gambling trade with a regional vocation. To this purpose, it analyzes the
framework of the most successful preferential trade agreements to date, which
have created a closer cooperation with respect to services between regional
partners. This part is thus further divided in subparts dedicated to the
following integrated trade areas: the European Union (EU), the European Free
Trade Agreement (EFTA), the North American Free Trade Agreement (NAFTA), the
Central American Free Trade
Agreement (DR-CAFTA), the Mercado Comun del Sur (MERCOSUR), and the
Association of South East Asian Nations Free Trade Area (ASEAN).
Part I Introduction
Chapter 1 Succinct Facts and Figures
Chapter 2 Definition of Gambling
Chapter 3 Categories of Gambling
Chapter 4 National Regulation of Cross-Border Gambling Services
Part II Global Trade in Gambling Services
Chapter 5 Trade in Gambling Services in the GATS
Chapter 6 Trade in Services and the OECD
Part III Regional Trade in Gambling Services
Chapter 7 Trade in Gambling Services in the European Union
Chapter 8 Trade in Gambling Services under EFTA
Chapter 9 Trade in Gambling Services under NAFTA
Chapter 10 Trade in Gambling Services under DR-CAFTA
Chapter 11 Trade in Gambling Services under MERCOSUR
Chapter 12 Trade of Gambling Services under ASEAN FTA
Conclusion and Closing Remarks.
List of Cases.