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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。
Antigua v. United States “Gambling case” is one of the most recent cases concluded by the WTO Dispute Settlement Mechanism involving the cross-border provision of services on the Internet. The article introduces the background of this case, discusses the substantive legal issues involved in this case, briefly analyzes the enlightenment brought by this case and predicts its future. The trial of this case and its results have demonstrated the important influence of the market access rules in international trade in services and have even highlighted the potential contradictions between the market opening of trade in services and the social security in the country. At the same time, it will also have a major impact on the course of issues such as the e-commerce in the WTO system, the relationship between free trade and public morals.