Whither Global Rules for the Internet?
ECIPE Policy Brief No. 12/2012
By Hosuk Lee-Makiyama, Rohan Samarajiva
However, many ITU negotiators seem to neglect their commitments under the World Trade Organization (WTO) and its General Agreement on Trade in Services (GATS) that remain in force, regardless of the provisions under the new ITRs. Each country’s specific commitments in the WTO determine their obligations to provide market access (for both international interconnection and investments) under non-discriminatory terms, and 82 countries have also unilaterally agreed to open up and refrain from discriminatory measures in a so-called reference paper on basic telecommunications. Furthermore, most countries have made commitments that forbid them from imposing restrictions on the most common forms of Internet services, and a moratorium on tariffs and equivalent fees on data transmissions (known as the WTO e-commerce moratorium) which explicitly forbids access fees for data whether they are discriminatory or not.
A violation of these WTO commitments may lead to trade retaliation from the WTO’s near-universal membership sanctioned by its dispute-settlement mechanism. The moratorium is also politically linked to pledging not to pursue certain types of intellectual property violation cases against developing countries.