Bridging the digital divide: Beyond the Basic Telecommunications Agreement towards a global universal service and access regime.

摘要

A tremendous disparity exists between the few countries with expansive access to information and communications technologies, and the many others still lacking the basic infrastructure and unable to participate in the information age.; While the current trade regime under the Basic Telecommunications Agreement, which forms part of the General Agreement on Trade in Services, offers many opportunities for developing countries, its potential for bridging the digital divide through increased flows of FDI is likely to benefit only those countries with large, lucrative markets. Global market failures would result in deepening the digital divide facing the poorest of the developing countries. Unable to come under the new liberalization paradigm, these countries are likely to be left even further behind.; A legal approach to bridging the digital divide requires going beyond the current trade regime and engaging in a new regime-building exercise. Drawing upon the domestic universal service concept, this thesis calls for a global universal service and access (GUSA) regime. Such a regime entails a new form of international cooperation that harnesses all available resources and includes the recasting of international accounting rates and a revitalization of official development assistance. It also involves institutional reform and reconfiguration through the creation of a new international financial institution, a Global Universal Service Fund (GUSF) as well as the strengthening of the role of the ITU as the custodian of the GUSA regime.; The GUSF would be an independently managed, politically balanced and internationally accountable institution. Because of its flexibility and its mandate to supplement market mechanisms and respond to global market failures, the fund would go a long way towards subsidizing network build out programs in the poorest developing countries, and ensuring widespread connectivity. The proposal is legally defensible under human rights law as well as trade and telecommunications laws, is economically justified under the global public goods doctrine, and technologically feasible given current capacity to connect the world and create the global village.