Cross-border Online Gambling Law and Policy


Cross-border Online Gambling Law and Policy

9781848443020 Edward Elgar Publishing
Julia Hörnle, Senior Lecturer, Queen Mary University of London School of Law, UK and Brigitte Zammit, Preiskel & Co LLP, London, UK
Publication Date: 2010 ISBN: 978 1 84844 302 0 Extent: 336 pp
This highly topical book analyses the conflicts between different regulatory regimes governing online gambling in the international context and how these affect the cross-border provision of online gambling.

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This highly topical book analyses the conflicts between different regulatory regimes governing online gambling in the international context and how these affect the cross-border provision of online gambling.

States fundamentally disagree on how to regulate gambling, for moral, religious and social reasons, and therefore regulatory regimes differ, ranging from the prohibitionist to the permissive. The authors examine the latest legislation and cases concerning online gambling by comparing different regulatory models. They also explain conflict of laws issues, including which state or court is competent, which law is applicable, and what rules govern enforcement in cross-border e-gambling disputes. Invaluably, the book makes sense of the myriad of cases in the EU internal market and the WTO.

This unique book represents a detailed examination of the international law issues of cross-border online gambling. It will prove to be useful for academic scholars as well as postgraduate and advanced undergraduate students. Legal advisors within the gambling sector, regulators and policymakers, government departments and agencies, as well as intergovernmental and international organizations will also find this book an enriching resource.
Critical Acclaim
‘This engaging book, written in an accessible and concise manner, methodically unravels the complexities of regulating cross-border online gambling. The focus of the well-researched materials highlights the tensions which arise between the execution of national policies and the international ubiquity of internet-based trade. With well thought out examples the narrative illustrates how national policy choices clash with one another, not only via attempts to liberalize markets but also through the application of rules of private international law.’
– Alan Littler, Tilburg University, The Netherlands

‘An incredibly impressive guide to the regulation of cross-border online gambling. An added attraction is the insightful coverage of the theory and history of online gambling in key jurisdictions, which will be relevant for years to come.’
– Danny Preiskel, Preiskel & Co, UK

‘In this excellent commentary on the law and policy of online gambling, Julia Hörnle and Brigitte Zammit introduce readers to an evolving and complex regulatory matrix. Starting with national policy positions towards gambling – positions that articulate as various shades of prohibition and permission, together with different degrees of preference for domestic over foreign providers – we are taken into the borderless world of online casinos, betting services, and the like. How are national regulators to impose their will on such service providers; to what extent are they constrained by the rules of regional and international trading clubs; and how does the new generation of European conflicts rules (Brussels I and Rome I and II) fit in this matrix? The authors are to be congratulated on bringing the regulatory issues clearly into focus, as well as succeeding in engaging the reader’s interest in both the larger policy questions and the doctrinal detail.’
– Roger Brownsword, Kings College London, UK
Contents: Foreword Preface 1. Introduction: What is at Stake? 2. Social Policy and Regulatory Models 3. Impact of National Regulation on Cross-Border Services 4. National Regulation of Online Gambling as a Trade Restriction 5. EU Conflicts of Law Issues – Part 1: Jurisdiction 6. EU Conflicts of Law Issues – Part 2: Applicable Law 7. EU Conflicts of Law Issues – Part 3: Enforcement of Judgments 8. Concluding Thoughts Bibliography Index
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