I Introduction

1 At the sixth meeting of the Council Working Group to prepare for the 2012 World Conference on International Telecommunications (CWG-WCIT), on 28 February 2012, in the course of consideration of a proposal to introduce in the draft revised International Telecommunication Regulations (ITR) a new provision ADD 1.9, worded as follows: ADD 1.9: "Nothing in these regulations shall be interpreted as modifying the rights and obligations of Member States under any other treaties to which they are parties", it was agreed to seek legal clarifications on the impact of inserting or not inserting such a provision on the application of the future ITR.

2 This document endeavours to provide the requested clarifications.

3 To this end, it will examine in turn the purpose of the proposed provision, its conformity with the Vienna Convention on the Law of Treaties of 1969 (hereinafter referred to as "the Vienna Convention") and finally the potential legal implications of inserting or not inserting it in the ITR.