From a statement (Word doc) by Antigua at the Ministerial Conference plenary session:
The question of dispute settlement brings me to an issue that, along with the case of cotton, highlights inappropriate dispute settlement results at the WTO that have the potential to undermine the credibility of the organization.
Antigua and Barbuda and the OECS look to the WTO for innovative solutions in the dispute settlement procedures in order to achieve equitable and implementable outcomes.
It is no secret that, although as one of the smallest states in the world we brought the largest economy in the world to the WTO DSB and won, that famous case between Antigua and Barbuda and the United States on internet gaming services is still without resolution today, more than eight years after our action was first brought.
Although the Panel and Appellate Bodies have ruled in the favour of Antigua and Barbuda in the cross border supply of gambling and betting services with the United States, we were handed the ultimate Pyrrhic victory and told to impose trade sanctions on the world’s largest economy.
That remedy, which might have been appropriate had the case been between the European Union and the United States, calls into question whether the dispute settlement mechanism of the WTO can find innovative solutions that fit the peculiar circumstances of individual cases.
If innovative solutions are not found, cases like these can only serve to undermine the credibility of the WTO itself, an outcome that we should all do everything to avoid.
Mr President, we have had many frustrating and unproductive rounds of negotiations with the United States in a genuine effort to bring this matter to a equitable conclusion, and to redress the enormous economic damage done to the economy of Antigua and Barbuda by the unlawful actions of the United States.
We are left to wonder whether the WTO has washed its hands in the manner of Pontius Pilate, and whether we have been abandoned to our fate.
It is also not a secret that we are not pleased with the outcome of this case, and we intend to continue to pursue our rights.
It is our intention early in 2012 to approach the United States with new and innovative proposals designed to bring a just and final resolution of this unfortunate matter.
Even at this stage, we believe that there is a role for the WTO to assist in shepherding our negotiations with the United States to safe harbour, and we call on the Director General Mr. Pascal Lamy to use his good offices to sit with us and to examine what role it would be appropriate for the WTO to assume.
