It is not disputed that it is important to build an enabling environment for
access to the Internet and that states have obligations to facilitate, or at least
not to impede, access to the Internet. A number of ITU instruments,
resolutions and recommendations relate to building an enabling environment
for access to the Internet. This contribution outlines those instruments,
resolutions, and recommendations, proposes amendments to certain
instruments, proposes changes to current Internet governance
arrangements, and highlights relevant provisions of the 2012
International Telecommunication Regulations (ITRs).
A significant number of states did not sign the ITRs in Dubai in 2012.
Almost all of those states indicated that they required additional time
in order to consider the implications of certain provisions, in particular
those that were approved at the last minute.
Accession to the ITRs will help to build an enabling environment for
access to the Internet, and accession by non-signatories would appear
feasible because legal analysis of the provisions that required further
consideration indicates that they do not actually have the effects that had
raised concerns during the conference in Dubai. For greater clarity,
we propose a declaration that can be made by states that accede
to the ITRs.