[governance] and more Re: Ideas that this mailing list has agreed to

[Wolfgang Kleinwächter]

Preobably it is helptul to refer here to two of the seven basic principles of international law, which are in the UN Charter and which are defined as jus cogens:
a. is the principle of self-determination of peole, this is the general principle and part of this principle is that the people have a right to elect a government. But it is forst of all the "people" (UN Charter starts with "we the people....")
b. it is the principle of sovereign equality of states this is "the government" that means all governments are equal according o international law. 
 
While governments, also in the WSUIS conext, refer primaritly to the principle of sovereignty, we shiould refer also to th UN Charter but refer to the principle of self-determination of people. 
 
Bets
 
wolfgang
 
+ 

________________________________

From: governance-bounces at lists.cpsr.org on behalf of Jacqueline Morris
Sent: Wed 11/9/2005 8:39 PM
To: Avri Doria
Cc: governance at lists.cpsr.org
Subject: Re: [governance] and more Re: Ideas that this mailing list has agreed to



But that is exactly what I said -

re ownership is -

NOT the Government , but the NATION or COUNTRY- which is the people,
which is sometimes/often  PARTICULARLY NOT the Government.
Jacqueline

On 11/9/05, Avri Doria <avri at psg.com> wrote:
> Actually that is exactly what I do not agree to.
>
> I do not think .uk belongs to the British government, but rather
> pertains to the British people.  I think that finding the correct
> stewart for that is not necessarily as simple as saying that it
> belongs to the government.  It may be the case that the government is
> the right stewart but i don't think is an a priori given, or that we
> should be the ones making that declaration.
>
> a.
>
>  >
> On 9 nov 2005, at 10.50, Jacqueline Morris wrote:
>
> > Agree
> > How about something like:
> > We agree that the ccTLDs are the sovereign property of the countries,
> > and believe that there is therefore a requirement for more active
> > participation of Governments in the Internet Governance process,
> > particularly, to take the lead in managing their ccTLDs, and agree to
> > do so with the full involvement and participation of the local
> > Internet community and civil society through a bottom-up
> > multi-stakeholder process. -
> >
> > Cause I don't think that there is need for dialogue on whether .uk
> > belongs to the UK - who else COULD it belong to? Now as to the
> > question as to why the difference between country property and
> > government property - that is again a cultural thing - I KNOW that
> > there is a difference here. In most other places, there isn't.
> >
> > Jacqueline
> >
> > On 11/9/05, Avri Doria <avri at psg.com> wrote:
> >
> >> On 9 nov 2005, at 08.59, Adam Peake (ajp at glocom.ac.jp) wrote:
> >>
> >>>
> >>> 52. We also agree with the US government that governments have
> >>> legitimate public policy and sovereignty concerns with respect to
> >>> the
> >>> management of their ccTLD,
> >>>
> >>
> >> i don't agree with this as I do beleive that the ccTLDs should be
> >> automatically acknowledged as sovereign property.
> >>
> >>
> >>>
> >>> a) in keeping with the US government's recognition that governments
> >>> have legitimate public policy and sovereignty concerns with
> >>> respect to
> >>> the management of their ccTLD, and has welcomed the further
> >>> opportunity for dialogue on these issues and seems committed to
> >>> ensuring progress,
> >>>
> >>
> >> i would prefer that this acknowledgment not be included.
> >>
> >>
> >> a.
> >> _______________________________________________
> >> governance mailing list
> >> governance at lists.cpsr.org
> >> https://ssl.cpsr.org/mailman/listinfo/governance
> >>
> >>
> >
> >
> > --
> > Jacqueline Morris
> > www.carnivalondenet.com
> > T&T Music and videos online
> >
> > _______________________________________________
> > governance mailing list
> > governance at lists.cpsr.org
> > https://ssl.cpsr.org/mailman/listinfo/governance
> >
> >
>
>


--
Jacqueline Morris
www.carnivalondenet.com
T&T Music and videos online

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