[governance] ITU vs. ICANN

[Avri Doria]

On 8 Oct 2010, at 13:04, Avri Doria wrote:
> 
> I do not see why the US would have to accept it.  Is there a controlling treaty that the US has signed that indicates it MUST accept all ITU decisions?  I did not have the impression that this was the case.  Can anyone point me to the law on this?
> 

I was sent the following tidits, with permission to pass them on.

They confirm to me that the even if the ITU passes this thing, no country, including the US, will be bound by it.


---


 The Plenipotentiary Conferences produce Final Acts.  Some of those could include changes to the Constitution and Convention, which are treaty instruments.  It also produces Resolutions, which are not binding on countries unless they are ratified.  At the official signing of the Final Acts, at the end of the Plenipot, it is normal for countries (Member States) to take "Reservations" on some or all of the Conference outputs, as described in Article 32B of the Convention, reproduced below.  I managed to find a copy of the Final Acts from the 2006 Plenipot that I think is accessible without a TIES account at: 

http://www.itu.int/council/groups/stakeholders/Background-Documents/final-acts.doc

If you search you can find all of the Reservations taken at that time. 

As for ratification, in democratic countries, this normally requires an Act of Parliament or equivalent.  The reservations can be incorporated even in the act of ratification, as for example:

"United States of America
"The Government of the United States of America has ratified the Instruments amending the Constitution and the Convention of the International Telecommunication Union (Antalya, 2006). The instrument of ratification was deposited with the Secretary-General on 16 January 2009. The Government of the United States of America confirmed Declarations and Reservations made at the time of signature."

Bottom line, the provisions of the Plenipot are only binding upon states with the consent of the state.


==============

ARTICLE 32B

Reservations

1	As a general rule, any delegation whose views are not shared by the remaining delegations shall endeavour, as far as possible, to conform to the opinion of the majority.

2	Any Member State that, during a plenipotentiary conference, reserves its right to make reservations as specified in its declaration when signing the final acts, may make reservations regarding an amendment to the Constitution or to this Convention until such time as its instrument of ratification, acceptance or approval of or accession to the amendment has been deposited with the Secretary-General.	

3	If any decision appears to a delegation to be such as to prevent its 
government from consenting to be bound by the revision of the Admin- istrative Regulations, this delegation may make reservations, final or provisional, regarding that decision, at the end of the conference adopting that revision; any such reservations may be made by a delegation on behalf of a Member State which is not participating in the competent conference and which has given that delegation proxy powers to sign the final acts in accordance with the provisions of Article 31 of this Conven- tion.

4	A reservation made following a conference shall only be valid if the Member State which made it formally confirms it when notifying its consent to be bound by the amended or revised instrument adopted by the conference at the close of which it made the reservation in question.



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