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California Western Law Review 
Volume 27 
Number 1 Telecommunications Law Issue Article 10 
1990 
Prospects for an International Treaty on Telecommunications 
Y. M. Kolossov 
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Law Review: Vol. 27 : No. 1 , Article 10. 
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PROSPECTS FOR AN INTERNATIONAL TREATY ON
TE ECOMMUNICATIONS
Y.M. KoLossov*
INTRODUCTION
What is the future plan for modem telecommunications technology? This
question is currently being addressed by one of the United Nations specialized
agencies, the International Telecommunications Union ("ITU"). One of the
purposes of the ITU, according to the International Telecommunications
Convention ("ITU Convention"), 1 is "to promote the development of technical
facilities and their most efficient operation with a view to improving the
efficiency of telecommunications services, increasing their usefulness and making
them, as far as possible, generally available to the public."2 Pursuant to this
purpose, the ITU should act aggressively and adopt universal guidelines for
promoting international cooperation in the new era of telecommunications
technology.
L A CALL FOR A UNIVERSAL AGREEMENT
As one scholar stated, "[w]e have at present an array of national, regional and
limited international [but no universal] legislations, regulations and rules as well
as ongoing moves at a regional level aimed at functional and multilateral
contacts, exchanges and negotiations on the subject of harmonizing the
international environment for trasborder data flows." 3 Modem telecommunica-
tions technology highlights the need for international harmonization of
telecommunications regulations by the end of the twentieth century. Specifically,
the world needs a universal agreement covering all aspects of telecommunica-
tions.4
The last decade has witnessed many new developments in telecommunications.
* LL.D. Professor of International Law, holder of the Chair of International Law at the
Moscow State Institute of International Relations, USSR.
1. International Telecommunications Convention, Nov. 6,1982, in G. WALLENSTMN, INTERNA-
TIONAL TELECOMMUNICATIONS AGREEMENTS, Binder *, pt. 3 (1985) [hereinafter]TUConvention]. The
Convention was adopted on November 6, 1982 in Nairobi, Kenya. While some specialized agencies
of the United Nations have wide international responsibilities over many telecommunications aspects
within their expertise, the ITU deals exclusively with technical problems. Thus, the ITU Convention
does not address issues relating to the political, social, economic and legal aspects of telecommunica-
tions regulation.
2. Id art. 4, para. 1(6).
3. NEw COMMUNICATION TECHNOLOGY AND INTEmATIONAL LAw 143 (W. Kleinwlchter, ed.
1988).
4. Such an agreement could be structured similar to the United Nations Convention on the
Law of the Sea.
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Kolossov: Prospects for an International Treaty on Telecommunications
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CALIFORNIA WESTERN LAW REVIEW[
At the international seminar of experts, held in Dresden, East Germany on
September 20-21, 1987,5 the following new technologies were discussed: (1)
satellite and cable-based integrated services digital networks ("ISDN"); (2) direct
broadcasting via satellites ("DBS"); (3) transborder data flows ("TDF"); (4) data
processing equipment; and (5) consumer electronics, among others.6 There is
no doubt that more new technology will be introduced in the near future.
Therefore, "[iun order to achieve the optimal environment for, and the maximum
benefit from, the new technology, a step-by-step evolution towards universal
agreements... is necessary and indeed an urgent matter."
7
The ITU Convention currently defines telecommunications as "any transmis-
sion, emission, or reception of signs, signals, writing, images, and sounds of
intelligence of any nature by wire, radio, visual or other electromagnetic
systems.n8 A comprehensive universal convention, however, would require a new
definition of telecommunications. Specific features of modem telecommu-
nications should be incorporated in the definition. For example, a new
definition should address the global nature of telecommunications, the ongoing
convergence of various telecommunications technology, the rapid approach of
the age of an information-based society, economic aspects of telecommunica-
tions, and the role of journalists. Although the ITU may not have the expertise
to develop the new complex definition of modem telecommunications, the
United Nations General Assembly, through the Committee on Information,
could undertake such an effort. The creation of a universal international treaty
on a wide range of telecommunications issues would go far beyond drafting
definitions and ultimately would require the expertise of more than one of the
specialized agencies of the United Nations.
Besides technology, another development which supports drafting a universal
agreement is "the convergence of mass electronic or broadcasting technologies
with the other kinds of telecommunications: satellites, broad-band cable
television; and optical fiber, all enabl[ing] electronic information to be
disseminated at the speed of light," which raises "legal questions because of
transborder communications, privacy and intellectual property."9 Satellite
delivered programs which cross many national borders require international
regulatory bodies to address these international issues. Handling these issues
demands a high level of international cooperation which can only be recognized
through a universal agreement covering telecommunications."
5. This seminar was sponsored by the UNESCO Participation Programme. The second
Medium-Term Plan of UNESCO (1984-1989) included a special program, "Studies on Communica-
tion," aimed at "furthering knowledge and improving understanding of the communication process,
particularly at the international level, taking into account the rapid development of technologies."
UNESCO Res. 4XC/2.03, 6.1(a).
6. New Communication Technology and International Law, supra note 3, at 7, 18-19.
7. Id. at 143.
8. ITU Convention, Annex II, supra note 1, at para. 2015.
9. S. White, Speakers' Papers from the First World Electronic Media Symposium (Oct. 6-9,
1989) (held in Geneva) (available at the ITU in Geneva).
10. JLa t 4.
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INTERNATIONAL TREATY ON TELECOMMUNICATIONS
Professor Dr. Ernst . Mestmdcker has advanced another important argument
in favor of a universal treaty: "With the technological convergence of the
information to be transmitted and the network used for the transmission, it is
no longer possible to assign responsibilities or base regulations on clearly
defined roles of the participants or on the character of the medium."" Thus,
the difficulty in isolating and identifying transmitted information from its source
supports the need to develop a uniform scheme to regulate international
telecommunications.
II. GUIDELINES FOR FORMULATING A UNIVERSAL AGREEMENT
Where can guidelines for this new telecommunications treaty be found? Tvo
documents serve as good examples. The Committee of Ministers of the Council
of Europe adopted the European Convention on Transfrontier Television 2
("Convention") on March 15,1989. The Convention was adopted to conform the
activities of the State-members of the Council of Europe in the field of
information and communication with fundamental technical and practical
changes in that sphere. In other words, the purpose of the Convention is "to
achieve a greater unity" between the members of the Council of Europe, and "to
present an increasing range of choice of programme services for the public.""
These goals are consistent with, and provide justification for, creating a universal
treaty on telecommunications. The Convention is the first multilateral treaty of
this type. Hence, it could serve as a prototype for a universal convention on
transborder telecommunications.
Since the purpose of the European Convention is to facilitate the transfrontier
transmission and retransmission of television program services among Council
of Europe members, the purpose of a world treaty on telecommunications would
need to be much broader in scope. Article 4 of the Convention serves as a basis
for defining the purpose of an international telecommunications treaty: "The
Parties shall ensure freedom of expression and information ... and they shall
guarantee freedom of reception and shall not restrict the retransmission on their
territories of programme services which comply with the terms of this Conven-
tion."14 The last part of the provision indicates that freedom of retransmission
should not be absolute. Then what should the limitations be? Other provisions
of the Convention provide a useful model.
The Convention requires that the authorization issued to a broadcaster by the
competent authority of each contracting party shall clearly and adequately specify
11. Ia at 9.
12. European Convention on Transfrontier Television, Council of Eur., Doc. No. 132(Strasbourg, 1989) [hereinafter Convention on Transftontier Television]. On May 5, 1989, the
Convention was opened up for signature by State-members of the Council of Europe, State signatories
to the European Cultural Convention, as well as State-members of the European Community.
13. Id. Preamble, at 2.
14. Ia art. 4, at 3 (emphasis added).
1990]
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Kolossov: Prospects for an International Treaty on Telecommunications
Published by CWSL Scholarly Commons, 1990
CALIFORNIA WESTERN LAW REVIEW
broadcasting responsibilities.1s  These responsibilities include the following
obligations: (1) to respect the dignity of the human being and the fundamental
rights of others; (2) to refrain from providing indecent program service,
specifically, pornography, violence, and racial hatred; (3) to refrain from
providing program services which are likely to impair development of children
at program times when children are likely to watch; and (4) to fairly present facts
and events in the news. 16 Also, the Convention requires that the public have
access to major events of high public interest. 7 Finally, certain limitations are
imposed on advertising.ts
The second document providing guidance for a universal treaty is the United
Nations General Assembly Resolution 37/92 of December 10, 1982 ("Resolution
37/92"). 19 This resolution contains Principles Governing the Use by States of
Artificial Earth Satellites for International Direct Television Broadcasting."
The folloing are the most relevant provisions of the Principles on direct
broadcasting via satellites ("DBS"):
* activities in the field of DBS should be carried out in a manner compatible
with the principle of non-intervention into the sovereign rights of States, with
the development of mutual understanding and friendly relation and cooperation
among all States;
0 all States and peoples are entitled to and should enjoy the benefits from
such activities;
a access to the technology in this field should be available to all States
without discrimination on terms mutually agreed by all concerned;
0 activities in the field of international DBS should be based upon and
encourage international cooperation;
* States should cooperate on a bilateral and multilateral basis for protection
of copyright and neighboring rights by means of appropriate agreements between
the interested States or the competent legal entities acting under their
jurisdiction.21
Resolution 37192 also recognizes the right of every State to authorize
international direct television broadcasting by persons and entities under its
jurisdiction and to bear international responsibility for activities in this field
J conducted under their jurisdiction." Such activities should be compatible with
15. Id art. 6, at 4.
16. Id. art. 7, at 4.
17. Id. art. 9, at 5. In Japan this goal has been achieved through the existence of the dual
system of public broadcasting and commercial broadcasting. See 3. Kurokawa, Development of
Electronic Media and the Role of the Public Broadcasting System, First World Electronic Media Sympo-
sium 27-29 (Oct. 6-9, 1989) (available at the ITU in Geneva).
18. Convention on Transfrontier Television, supra note 12, arts. 11-16, at 5-7.
19. Principles Governing the Use by States of Artificial Earth Satellites for International Direct
Television Broadcasting, GA Res. 37/92, 1982 U.N.Y.B. 173, U.N. Doc. A)37/646 (1982).
20. GA Res. 37/92, 1982 U.N.Y.B. at 174.
21. Id
22. Id. Annex, Principles C & F, at 174.
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INTERNATIONAL TREATY ON TELECOMMUNICATIONS
the right of everyone to seek, receive, and impart information and ideas.23
These principles provide important guidelines for a new world treaty on
telecommunications.
In addition to the Convention and Resolution 37/92, there is another possible
source of reference for a universal telecommunications treaty. The non-aligned
countries are working towards the establishment of a new international order in
the area of information.2 4 Relevant recommendations which address the
interests of developing countries are contained in the Final Report of the
International Commission for the Study of Communication Problems published
by UNESCO in 1979 ("Commission"). 25 The Commission addresses the need
for a universal treaty on telecommunications, and many of the ideas in the Final
Report would be useful for those who undertake the initiative to draft the treaty.
CONCLUSION
A universal treaty is urgently needed. States, international organizations, and
international lawyers are lagging behind the technological progress. In 1974, this
author suggested the need for a universal convention on the use of mass media
in light of technological advancements.ss More than fifteen years have passed
since then, and the task is still incomplete. With three international instruments
available as models, there is no excuse for the world community to wait any
longer to accomplish this task.
23. Id. Principle A.
24. The decision was made in 1976 at the Fifth Conference of Heads of State and Government
of the Non-Aligned Countries in Colombo.
25. The Commission was established as a result of Resolution 100 adopted by the General
Conference of UNESCO in 1976 at its eighteenth session. The Commission started its work in 1977
and finalized the Report in 1979. The President of the Commission was Mr. Sehn MacBride.
26. Y.M. KoLossov, MASS INFORMATON AND INTIttNArIONAL LAW 133-50 (Moscow, 1974) (in
Russian), translated into German in Theories und Praxis des sozialistischen Joumalimus, 5 WSSEN-
SHAMICHE HEIET DR KEKmON JOURNAtASnK AM DER KARL-MARX UNERmrrAT 105-11 (Leipzig,
1976).
5
Kolossov: Prospects for an International Treaty on Telecommunications
Published by CWSL Scholarly Commons, 1990
6California Western Law Review, Vol. 27 [1990], No. 1, Art. 10
https://scholarlycommons.law.cwsl.edu/cwlr/vol27/iss1/10


Prospects for an International Treaty on Telecommunications

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International Law Journal, California Western

CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL
VOLUME 21 1990-1991 NUMBER 1
TABLE OF CONTENTS
ARTICLES
INTERNATIONAL LAW AND THE USE OF
CHEMICAL WEAPONS IN THE GULF WAR
Timothy L.H . M cCormack ..................................... 1
THE RECOGNITION OF CONSCIENTIOUS
OBJECTION TO MILITARY SERVICE AS
AN INTERNATIONAL HUMAN RIGHT
M atthew Lippm an ............................................ 31
THE POLITICAL ECONOMY OF PRESIDENTIAL
FOREIGN POLICYMAKING: THE CONTEMPORARY
THEORY OF A BIFURCATED PRESIDENCY
George Steven Swan .......................................... 67
ESSAYS ON PIRACY
AN INTRODUCTION TO THE INTERNATIONAL LAW OF PIRACY
John E . N oyes ............................................... 105
CONTEMPORARY PIRACY
E ric E llen .. ... . ... . . ... ... . .. .... .. .. ..... .. .. .. ... ..... ... . 12 3
REVISING THE LAW OF "PIRACY"
A lfred P . R ubin .............................................. 129
PIRACY IN CONTEMPORARY NATIONAL AND
INTERNATIONAL LAW
D r. Barry H art D ubner ........................................ 139
"Yo HEAVE HO!": UPDATING AMERICA'S
PIRACY LAWS
Sam uel Pyeatt M enefee ........................................ 151
1
International Law Journal: Table of Contents
Published by CWSL Scholarly Commons, 1990
COMMENTS
THE EMERGING EUROPEAN ECONOMIC SPACE: A PROPOSED
LEGAL FRAMEWORK FOR EXPANDING EEC-EFTA RELATIONS
BEYOND THE FREE TRADE AGREEMENTS
A nd ers N ervell ............................................... 18 1
AUTHORITY OF THE UNITED STATES TO EXTRATERRITORIALLY
APPREHEND AND LAWFULLY PROSECUTE INTERNATIONAL DRUG
TRAFFICKERS AND OTHER FUGITIVES
M ichael R . Pontoni ........................................... 215
BO O KS RECEIVED .............................................. 245
Cite as 21 CAL. W. INT'L L.J. 000 (1990)
0 1990 by California Western School of Law
2
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2,208