in the Tunis Agenda. Under the framework of this mandate, UNESCO has begun developing a
code of ethics. Interestingly, the first draft of what they are calling a ‘‘Code of Ethics for the
Information Society’’ envisions a reporting mechanism, similar to the OECD’s Anti-Bribery
Convention and the U.N. Convention against Corruption. In addition, the draft instrument
affords a mechanism whereby additional, voluntary ‘‘Specific Ethical Commitments’’ may be
offered by private actors, who may join states in signing onto the general document.
While this effort is going on in that forum, another process stemming out of the World
Summit on the Information Society—that is, the Internet Governance Forum—affords the
opportunity for all stakeholders to consider freedom of expression in the Information Society
and possibly to articulate shared values. A ‘‘Dynamic Coalition on Freedom of Expression’’
has spontaneously formed following the first meeting of the Internet Governance Forum
(Athens, autumn 2006).
By working through state-established intergovernmental organizations, the approaches
would avoid chipping away at the institutional groundwork already laid for the international
protection of human rights, and instead would enable future human rights endeavors to build
upon this foundation. Meanwhile, by paving avenues for nonstate actors to have a meaningful
voice in the development and implementation of these protections, the approaches would
help operationalize the Geneva Declaration of Principles, which called for technical and public
policy issues of Internet management to ‘‘involve all stakeholders and relevant intergovernmental and international organizations’’ and to be handled in a way that is ‘‘multilateral, transparent and democratic.’’
68
Such simultaneous approaches offer the hope of allowing citizens of the world to experience equal human rights in the global Information Society.
Notes
1. The Peace of Westphalia entailed a set of treaties ending the Thirty Years War and the Eighty Years War in Europe.
2. As elaborated in the Montevideo Convention on the Rights and Duties of States (1933), qualities of a sovereign
state include a permanent population; a select territory; government (e.g., legislative, judicial, and executive); and
the ability to conduct relations with other states.
3. The International Criminal Court, established in 2002, may be viewed as an example where states have allowed
prosecution of individuals for genocide, crimes against humanity, war crimes, and the crime of aggression. Article
17 of its founding treaty, the Rome Statute of the International Criminal Court, indicates how the court is designed to
complement national judicial systems.
4. This process was established in accordance with the Uniform Domain Name Dispute Resolution Policy (UDRP) of
the Internet Corporation of Assigned Names and Numbers (ICANN). See http://www.wipo.int/amc/en/index.html.
5. See ‘‘WIPO’s Domain Name Dispute Resolution Service,’’ Net Dialogue, http://www.netdialogue.org/initiatives/
wipodndrs/. Still, as Net Dialogue notes, the WIPO process is linked to domestic processes since disputing parties
may submit a dispute to a traditional court for resolution.
6. Pursuant to United Nations General Assembly Resolution 56/183, the World Summit on the Information Society
took place in two phases, the first being in Geneva, Switzerland (2003), and the second in Tunis, Tunisia (2005).
7. The parameters for the Working Group were set out in the WSIS Declaration of Principles (WSIS-03/GENEVA/DOC/
0004) and the WSIS Plan of Action (WSIS-03/GENEVA/DOC/0005).
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Mary Rundle and Malcolm Birdling
code of ethics. Interestingly, the first draft of what they are calling a ‘‘Code of Ethics for the
Information Society’’ envisions a reporting mechanism, similar to the OECD’s Anti-Bribery
Convention and the U.N. Convention against Corruption. In addition, the draft instrument
affords a mechanism whereby additional, voluntary ‘‘Specific Ethical Commitments’’ may be
offered by private actors, who may join states in signing onto the general document.
While this effort is going on in that forum, another process stemming out of the World
Summit on the Information Society—that is, the Internet Governance Forum—affords the
opportunity for all stakeholders to consider freedom of expression in the Information Society
and possibly to articulate shared values. A ‘‘Dynamic Coalition on Freedom of Expression’’
has spontaneously formed following the first meeting of the Internet Governance Forum
(Athens, autumn 2006).
By working through state-established intergovernmental organizations, the approaches
would avoid chipping away at the institutional groundwork already laid for the international
protection of human rights, and instead would enable future human rights endeavors to build
upon this foundation. Meanwhile, by paving avenues for nonstate actors to have a meaningful
voice in the development and implementation of these protections, the approaches would
help operationalize the Geneva Declaration of Principles, which called for technical and public
policy issues of Internet management to ‘‘involve all stakeholders and relevant intergovernmental and international organizations’’ and to be handled in a way that is ‘‘multilateral, transparent and democratic.’’
68
Such simultaneous approaches offer the hope of allowing citizens of the world to experience equal human rights in the global Information Society.
Notes
1. The Peace of Westphalia entailed a set of treaties ending the Thirty Years War and the Eighty Years War in Europe.
2. As elaborated in the Montevideo Convention on the Rights and Duties of States (1933), qualities of a sovereign
state include a permanent population; a select territory; government (e.g., legislative, judicial, and executive); and
the ability to conduct relations with other states.
3. The International Criminal Court, established in 2002, may be viewed as an example where states have allowed
prosecution of individuals for genocide, crimes against humanity, war crimes, and the crime of aggression. Article
17 of its founding treaty, the Rome Statute of the International Criminal Court, indicates how the court is designed to
complement national judicial systems.
4. This process was established in accordance with the Uniform Domain Name Dispute Resolution Policy (UDRP) of
the Internet Corporation of Assigned Names and Numbers (ICANN). See http://www.wipo.int/amc/en/index.html.
5. See ‘‘WIPO’s Domain Name Dispute Resolution Service,’’ Net Dialogue, http://www.netdialogue.org/initiatives/
wipodndrs/. Still, as Net Dialogue notes, the WIPO process is linked to domestic processes since disputing parties
may submit a dispute to a traditional court for resolution.
6. Pursuant to United Nations General Assembly Resolution 56/183, the World Summit on the Information Society
took place in two phases, the first being in Geneva, Switzerland (2003), and the second in Tunis, Tunisia (2005).
7. The parameters for the Working Group were set out in the WSIS Declaration of Principles (WSIS-03/GENEVA/DOC/
0004) and the WSIS Plan of Action (WSIS-03/GENEVA/DOC/0005).
98
Mary Rundle and Malcolm Birdling