Satellite Telecommunications as a Tool for Bridging the Digital Divide – Public International Law Implications

Paper number

IAC-06-E6.5.06

Author

Ms. Julia Neumann, University of Cologne, Germany

Year

2006

Abstract

Nowadays, it is commonly accepted that telecommunications infrastructure and services are indispensable tools for the socio-economic and cultural development of a country.  In order to be able to take full advantage of information and communication technologies, a country needs sufficient human and financial resources. However, most of the developing countries lack such resources and therefore are unable to develop their telecommunications systems in comparison to developed countries.  As a consequence, many regions of the world and especially many developing countries still have only very limited telecommunications penetration.  It thus cannot be doubted that there still exists a ‘digital divide’ in the world. The term ‘digital divide’ refers to this gap between those who have access to the latest information technologies and those who do not.  

There are different aspects to the so-called ‘digital divide’: a digital divide can not only be perceived between different countries (industrial nations/developing countries), but also between regions of a single country (urban/rural areas). Moreover, there may be gradual differences with regard to the technologies that are considered to be lacking. Within the European Union, for instance, measures are being undertaken to bridge the digital divide between Member States with regard to broadband technologies.

In any case, satellite telecommunications are an ideal medium to bridge the digital divide, insofar as they are independent of ground infrastructures and may thus support remote areas with telecommunications. 

This paper will focus on the international aspect of the digital divide, i.e. the gap that is perceivable between developed and developing countries. It shall be examined in how far public international law supports the reduction of the digital divide with regard to the use of satellite telecommunications.
Against the background that there is a factual digital divide between nations, and that information technologies (including satellite telecommunications) are major tools for the participation in the global information society with its impact on the socio-economic development of a country, the investigation leads to one major question: is there a right of states to (benefit from) satellite telecommunications. In order to answer this question, some issues require clarification: where could such a right be found in public international law? And if such a right does exist, how can it be implemented, and against whom can it be enforced? If the existence of such a right cannot be found in public international law, which measures could be taken in order to foster the availability of satellite telecommunications for developing countries?

The main focus in the examination of these questions is on space law, such as Article I Outer Space Treaty, but also telecommunications law (ITU Constitution and Convention) as well as international economic law, e.g. GATS. Furthermore, rules of customary international law are being analysed.

Abstract document

IAC-06-E6.5.06.pdf

Manuscript document

IAC-06-E6.5.06.pdf (🔒 authorized access only).

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