Proceedings of the Workshop - United Nations Office for Outer ...

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72 EXPANDING GLOBAL COMMUNICATIONS SERVICEStimes thereafter by successive plenipotentiaryconferences, until it underwent fundamentalreorganisation in 1992, when the present constitutionalstructure was adopted.24 This, inter alia, involved thedivision of the ITU Convention into a Constitution(cited CS) and a Convention (cited CV), the formercontaining provisions less likely to require lateramendment. However, the major innovation of 1992was the creation of three Sectors, Development,Standardisation and Radiocommunication, with thecompetence indicated by their titles, each served by aBureau headed by a Director elected by thePlenipotentiary Conference. Minor revisions to the ITUwere made in 1994 at Kyoto,25 and further amendmentsat Minneapolis in 1998.26The ITU has done well, and should becongratulated for that. It has adopted a lesscumbersome way of doing business in order to copewith modem conditions. The four year cycle of sectoralmeetings within the four year cycle of plenipotentiariesis bedding in, though it seems that on occasion for somematters that may be too tight a timetable. Non-stateentities (businesses) have been given easier access toITU study groups and the like by the 1998 MinneapolisPlenipotentiary Conference. But, looking to the futureof space telecommunications (and indeed to other areasof ITU responsibilities) there are some matters whichshould be given fresh consideration. Further, as we willcome to in due course, there arguably is a case for theextension of ITU competence and responsibilities. Westart with several matters of structure and functioning.Analysis' Annales d'Etudes Internationales, 1165-87.24 Constitution and Convention of the InternationalTelecommunication Union: Final Acts of the AdditionalPlenipotentiary Conference, Geneva 1992 (Geneva: ITU, 1993).25 Final Acts of the Plenipotentiary Conference of theInternational Telecommunication Union, Kyoto, 1992 (Geneva:ITU, 1992).26Final Acts of the Plenipotentiary Conference of theInternational Telecommunication Union, Minneapolis, 1998(Geneva: ITU, 1999).The ITU and DevelopmentAs noted above, the reorganisation of the ITU in 1992produced the Development Sector. AlthoughDevelopment had been a matter of great interest tocertain members of the ITU,27 a question must be askedwhether Development is a matter which should figure tothe extent that it does within the ITU structure. TheITU functions as a technical organisation, facilitatingthe efficient and equitable use of telecommunications.Certainly the technical development oftelecommunications is in the interests of the wholeworld.28 However, there is a strong argument that thereare other UN agencies which are better adapted todealing with the rather separate matter of the actualdevelopment of telecommunications facilities indeveloping countries. To have grafted thatresponsibility into the ITU has not been wise. Certainlythe budget for Development is closely controlled and itis separate from that for other ITU activities, but thathas served merely to stunt what could accomplishedwere telecommunications development included in theportfolio of another international organisation whosepurpose and skill generally is the fostering ofdevelopment. The development of telecommunicationswould be better incorporated within other decisions andefforts towards ‘development’ seen in a broadercontext.The Radio Regulations BoardOne result of the restructuring of the ITU in 1992 wasthat the former five member full-time InternationalFrequency Registration Board disappeared. Many ofits functions are the responsibility of the Bureau of thenew Radiocommunications Sector under its Director.Other functions are the responsibility of a part-timeRadio Regulations Board (RRB), originally nine in27 The old International Frequency Registration Board wasactive in development matters, by running training courses etc.for the officials of many new states.28 Cf. The Missing Link' (the Report of the MaitlandCommission, (Geneva: ITU, 1985), and The Report of theSecretary General’s Advisory Group on the ChangingTelecommunications Environment', (the Report of the HansenCommittee)(Geneva: ITU, 1989).
EXPANDING GLOBAL COMMUNICATIONS SERVICES 73number, but raised to twelve by the MinneapolisPlenipotentiary Conference.29 This appears torecognise that there is more work for the RRB than wasthought. Given the importance that the countries of theworld, particularly the newer countries, should trust theITU system, I would still argue that a full-time Boardwould be better.30 If the Board is to have moredecisions to take like that relating to EUTELSAT andAstra of 1998, or that may stem from the present(1999) argument between Loral and EUTELSAT, itwould be better if the Board were divorced from theworld of business. A part-time Board member is likelyto be employed in telecommunications, which raisesfears as to impartiality. Further, since most Boarddecisions rest on technical factors, it would be best thatBoard members should be qualified technically (as usedto be required for membership of the IFRB), and notjust experienced within the realm of telecommunicationsmanagement.Voting weight and FinanceAs is the case throughout the UN family of SpecialisedAgencies, the members of the ITU are states, and eachis entitled to one vote in ITU deliberations. However,like the UPU, and unlike the other UN Agencies whichare financed by contributions assessed by GrossNational Product, subject to a maximum, the generalexpenditure of the ITU continues to be financed on avoluntary basis (ITU CS. art. 28). Each state Memberchooses within six months after each Plenipotentiaryconference the number of units of contribution which itwill pay. The range is from 1/16 unit, available only tothe least developed countries of the world as assessed interms of UN classification, to 40 units. In fact 90% ofthe membership pays 10% of the general costs on theUnion. There is therefore a disparity between votingweight and financial weight. This disparity mayexplain why over the last five or six incarnations of theITU basic documents, development has been given a29 See ITU Plenipotentiary Conference, Minneapolis, 1998,Resolution Plen/2, ‘Provisional Application of the Changes tothe Composition of the Radio Regulations Board'.30 Cf. F. Lyall, ‘The International Frequency RegistrationBoard’ 1993 35 Proc. IISL 394-99.greater and greater role, until now it is classified as oneof the major Purposes of the Union.Such a disparity is wrong, not to say grotesque.Add it to what is written above about the imbalanceamong states of practical competence intelecommunications, and one can clearly see a potentialthreat to the proper and satisfactory functioning of theUnion. The objective of the ITU was (and is) thecreation and operation of practical solutions tointernational telecommunications matters which willbest serve the interests of the world. The currentfinancing arrangements for the ITU were adoptedprecisely because they reflected the interest andcompetence of Members in telecommunications. In thatthe usage of the international system by ITU memberswas an obvious element. With the huge growth innumbers of states that original basis has been lost sightof. Steps should be taken to restore it. One methodwould be to relate voting weight to financialcontribution, and perhaps to telecommunications usageboth within and from/to a Member.31OfficialsWhile it is naturally required that the elected officials ofthe Union, the Secretary-General, his Deputy, theDirectors of the Sectoral Bureaux and members of theRadio Regulations Board should be of the highestefficiency, competence, integrity (CS art. 27.2), inelecting these persons the Plenipotentiary Conferencemust also seek equitable geographic representationthrough the world. That may be fair enough. However,art. 9.1(b) of the Constitution also requires that theseofficials should all be of separate nationality, nominatedby their home states (CS art. 9.1.(c)). Now that, asnoted above, the RRB membership has been raised to12 by the Minneapolis Conference, that makes a total of17 distinct nationalities. That seems too many, giventhe other requirements of election. Although anacademic would think it enough to demand the higheststandards of competence in an elected official, there31 Iwould not argue for a strict relationship betweencontribution and voting strength, as that would mean the leastvoting weight would be l/640th of the highest But some sortof scaling should be applied.
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ST/SPACE/2Office for Outer Space Af
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IntroductionThe Workshop on Space L
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CONCLUSIONS AND PROPOSALS OF THEWOR
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3between public and private law and
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8obstacles that impede ratification
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SESSION ONEExisting United Nations
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EXISTING UNITED NATIONS TREATIES: S
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EXISTING UNITED NATIONS TREATIES: S
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SESSION SIXExpanding Global Navigat
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POSSIBLE INTERNATIONAL REGULATORYFR
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POSSIBLE INTERNATIONAL REGULATORY F
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SESSION EIGHTMaintaining the Space
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MAINTAINING THE SPACE ENVIRONMENT 1
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220Session 3: Wednesday. 21 July. 1
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223Annex IITHIRD UNITED NATIONS CON
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225No Name Address E-Mail27. Ersfel
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227No Name Address E-Mail57. Koloso
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231No Name Address E-Mail117. Steph
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