The United States appreciates the efforts of the CWG-STB-CS, established pursuant to Resolution 163 (Guadalajara, 2010), to propose mechanisms for ensuring the stability of the Constitution. However, we believe the outcome of this Council Working Group shows that the efforts directed at stabilization could in fact create less stable legal instruments. The United States further believes that the experience of the CWG-STB-CS demonstrates that the approach defined by Resolution 163 (Guadalajara, 2010) moving fundamental and stable texts into a new – “Stable Constitution” and moving all other texts to a new non-treaty document will not achieve the goal – of a stable Constitution and, in fact, will undermine the stability of a set of treaties that have endured with few changes since their adoption in 1992. Article 4 establishes that the Constitution is the basic instrument of the Union and that it is complemented by the Convention and the Administrative Regulations. It also establishes the hierarchy among the various instruments so that it is certain which instruments would prevail in the case of inconsistencies. Article 4, as it is currently written, provides a stable legal framework for the Union. For this reason, the U.S. proposes No Change to this important article. The United States also proposes that Resolution 163 (Guadalajara, 2010) be suppressed. Conclusion We remain committed to further improvements to the efficacy, accountability and transparency of ITU. The United States proposals contained herein are a first step in that direction. Consistent with the terms of the Constitution and Convention, the United States reserves the right, and looks forward to the opportunity, to offer further proposals at a future time. CONSTITUTION OF INTERNATIONAL TELECOMMUNICATION UNION Preamble NOC USA/27/1 1 While fully recognizing the sovereign right of each State to regulate its telecommunication and having regard to the growing importance of telecommunication for the preservation of peace and the economic and social development of all States, the States Parties to this Constitution, as the basic instrument of the International Telecommunication Union, and to the Convention of the International Telecommunication Union (hereinafter referred to as Convention”) which complements it, with the object of “the facilitating peaceful relations, international cooperation among peoples and
The United States appreciates the efforts of the CWG-STB-CS, established pursuant to Resolution 163 (Guadalajara, 2010), to propose mechanisms for ensuring the stability of the Constitution. However, we believe the outcome of this Council Working Group shows that the efforts directed at stabilization could in fact create less stable legal instruments. The United States further believes that the experience of the CWG-STB-CS demonstrates that the approach defined by Resolution 163 (Guadalajara, 2010) – moving fundamental and stable texts into a new “Stable Constitution” and moving all other texts to a new non-treaty document – will not achieve the goal of a stable Constitution and, in fact, will undermine the stability of a set of treaties that have endured with few changes since their adoption in 1992. Article 4 establishes that the Constitution is the basic instrument of the Union and that it is complemented by the Convention and the Administrative Regulations. It also establishes the hierarchy among the various instruments so that it is certain which instruments would prevail in the case of inconsistencies. Article 4, as it is currently written, provides a stable legal framework for the Union. For this reason, the U.S. proposes No Change to this important article. The United States also proposes that Resolution 163 (Guadalajara, 2010) be suppressed. Conclusion We remain committed to further improvements to the efficacy, accountability and transparency of ITU. The United States proposals contained herein are a first step in that direction. Consistent with the terms of the Constitution and Convention, the United States reserves the right, and looks forward to the opportunity, to offer further proposals at a future time. CONSTITUTION OF INTERNATIONAL TELECOMMUNICATION UNION Preamble NOC USA/27/1 1 While fully recognizing the sovereign right of each State to regulate its telecommunication and having regard to the growing importance of telecommunication for the preservation of peace and the economic and social development of all States, the States Parties to this Constitution, as the basic instrument of the International Telecommunication Union, and to the Convention of the International Telecommunication Union (hereinafter referred to as “the Convention”) which complements it, with the object of facilitating peaceful relations, international cooperation among peoples and
S14-PP-C-0027!!MSW-E.docx