The regulation of casinos : a comparative analysis

Abstract

This thesis comprises a study of different jurisdictional approaches in regulating landbased casinos and thus excludes from its scope the study of online casino gaming and other forms of gaming.

The jurisdictions chosen vary from highly restrictive but adequately legally regulated frameworks to the more liberal though highly regulated jurisdictions. Two jurisdictions from each continent of Europe, North America and Asia have been thoroughly analysed from the legal point of view in order to bring out the similarities, if any, and the contrasts that these jurisdictions offer when compared to each other. Moreover, the phenomenon of the Indian Tribe Gaming has also been exposed under this thesis as this sector is also regulated by specific laws and is a particular sector in the casino industry in North America.

Shortcomings in each law have been expounded and brought to the fore to enable one to further compare the approach taken by each State in regulated the casino industry. Most of these shortcomings relate to social issues and public policy issues and reflect the exigencies both economic and social of the particular State. Appropriate case law has been presented in each case and when available. In the case of Asian jurisdictions presented under this thesis, the law is still lacking from the source of case law which is of relevance to this thesis, and thus no case law was presented by the author in this case.

In the conclusion, the author has endeavoured in proposing "ideal regulations" which have resulted from the study of the various casino regulations and which according to the author of this thesis have relevance in all the jurisdictions whether the approach to casino regulation is a restrictive one or otherwise.