At the time of signing the Constitution of the
International Telecommunication Union and the Convention
of the International Telecommunication Union (Geneva,
1992), the undersigned Plenipotentiaries have signed the
present Optional Protocol on the Compulsory Settlement
of Disputes.
The Members of the Union, parties to this Optional
Protocol,
expressing the desire to resort to compulsory
arbitration, so far as they are concerned, for the
settlement of any disputes concerning the interpretation
or application of the Constitution, the Convention or of
the Administrative Regulations mentioned in Article 4 of
the Constitution,
have agreed upon the following provisions:
ARTICLE 1
Unless one of the methods of settlement listed in
Article 56 of the Constitution has been chosen by common
agreement, disputes concerning the interpretation or
application of the Constitution, the Convention or the
Administrative Regulations mentioned in Article 4 of the
Constitution shall, at the request of one of the parties
to the dispute, be submitted for compulsory arbitration.
The procedure to be followed is laid down in Article 41
of the Convention, paragraph 5 (No. 511) of which shall
be amplified as follows:
"5. Within three months from the date of receipt of
the notification of the submission of the dispute to
arbitration, each of the two parties to the dispute
shall appoint an arbitrator. If one of the parties has
not appointed an arbitrator within this time-limit, this
appointment shall be made, at the request of the other
party, by the Secretary-General who shall act in
accordance with Nos. 509 and 510 of the Convention."
ARTICLE 2
This Protocol shall be open to signature by Members
at the same time as they sign the Constitution and the
Convention. It shall be ratified, accepted or approved
by any Signatory Member in accordance with its
constitutional rules. It may be acceded to by any
Members parties to the Constitution and the Convention
and by any States which become Members of the Union. The
instrument of ratification, acceptance, approval or
accession shall be deposited with the Secretary-General.
ARTICLE 3
This Protocol shall come into force for the Parties
hereto, who have ratified, accepted, approved or acceded
to it, on the same date as the Constitution and the
Convention, provided that at least two instruments of
ratification, acceptance, approval or accession in its
respect have been deposited on that date. Otherwise, it
shall come into force on the thirtieth day after the
date on which the second instrument of ratification,
acceptance, approval or accession is deposited.
ARTICLE 4
This Protocol may be amended by the Parties hereto
during a Plenipotentiary Conference of the Union.
ARTICLE 5
Each Member party to this Protocol may denounce it by
a notification addressed to the Secretary-General, such
denunciation taking effect at the expiration of a period
of one year from the date of receipt of its notification
by the Secretary-General.
ARTICLE 6
The Secretary-General shall notify all Members:
a) of the signatures appended to this Protocol
and of the deposit of each instrument of
ratification, acceptance, approval or accession;
b) of the date on which this Protocol shall have
come into force;
c) of the date of entry into force of any
amendment;
d) of the effective date of any denunciation.
IN WITNESS WHEREOF, the respective Plenipotentiaries
have signed this Protocol in each of the Arabic,
Chinese, English, French, Russian and Spanish languages,
in a single copy within which, in case of discrepancy,
the French text shall prevail, and which shall remain
deposited in the archives of the International
Telecommunication Union, which shall forward a copy to
each of the signatory countries.
Done at Geneva, 22 December
1992
