CYIL 2013

ANNELIES VRBOVÁ – MARKÉTA NOVÁKOVÁ – MARTIN BULÁNEK CYIL 4 ȍ2013Ȏ It is also important to know that the new ITRs consist of the Preamble, ten Articles and two Annexes. The five resolutions approved by the Plenary are not elements of the ITRs, but the Final Acts, together with declarations and reservations. The Final Acts of the WCIT-12 can be found at the web site http://www.itu.int/en/ wcit-12/Pages/default.aspx. The Closing Session of the Plenary had numerous questions on the table to be solved. The most important of them were whether the new Treaty derrogates the 1988 Treaty, and if the old one remains in effect for those countries who did not sign the new one on the spot. Legal service came to the answer that: “ The 2012 treaty replaces the 1988 treaty for the parties to the 2012 treaty. Non-parties to the 2012 treaty remain bound by the 1988 treaty. Relations between a non-party to the 2012 treaty and a party to the 2012 treaty are governed by the 1988 treaty. It has to be noted that for those signatories of the 2012 treaty, the latter shall apply provisionally as from 1 January 2015. ” This was later published also on the ITU website. 11 Other questions arose: “What does it mean for a country which is a party to the new Treaty in the event of dealing with a country that is covered only by the old one? Is it a disadvantage?” The ITU reply states: “ The two parties are bound by the old treaty. Thus, provisions of the new treaty do not apply in their relationship. These include transparency of mobile roaming prices, accessibility, reduction of e-waste, cooperation to combat unsolicited bulk electronic communications, etc. Thus, the citizens of non-parties may not benefit from those provisions. ” Well, the Czech Republic is not fully in line with this opinion since there are various instruments on all mentioned issues at the national and/or international level. There is therefore no need for the Czech Republic to sign the new ITRs. We rather believe that the new setting lacks solutions in all aspects, including enhanced co-operation among stall stakeholders. An official ITU statement regarding the split at the WCIT-12 says that “ Many countries indicated that they wished to consult with their capitals before signing. This is indeed the normal process for most treaties: Except for those treaties which are concluded under the aegis of ITU it is relatively unusual to sign a treaty immediately after it is adopted.” Actually, it means those Member States which did not sign on the spot cannot sign the Treaty any more but can have access to it, which has the same legal consequences. However, some participating Member States declared already on the spot that they would not sign the Treaty in any case. The Czech Republic’s position was approved by the Government through its Resolution No. 351 dated 15 May 2013.

11 See http://www.itu.int/en/wcit-12/Pages/treaties-signing.aspx.