[governance] oversight

McTim dogwallah at gmail.com
Mon Oct 17 15:57:23 EDT 2005


Hello again,

On 10/17/05, Laina Raveendran Greene <laina at getit.org> wrote:

> Agreed, as long as we truly understand how an MOU (not legally binding) or
> convention/protocol etc works. Even after a convention or protocol is
> signed, it usually still required ratification before it is legally binding
> within the country as recognised international law. So if US does not
> ratify, they can technically chose not to implement it.

Thank you for making this point.  I think we (and WSIS) can say
whatever we want on IG, but none (or very little) of it will actually
happen.

>
> That is why, I think that in addition to looking at an MOU, resolution etc
> at WSIS, it would also be good to suggest text at WSIS on what the US should
> do to make ICANN an "international body" i.e. get them to sign on to a
> certain principle, time frame and process to get ICANN moving towards being
> an "international body".

see my last message in reply to you.

> Of course, since the current MOU for ICANN is
> coming up to renegotiation, that is also where we could ask for something to
> be done when their new MOU is being negotiated.

IIRC, according to the USG there will be no more extension to the MoU,
hence no "renegotiation".  The MoU is set to expire in 2006, making
ICANN independent of the USG.

Of course, the July "Statement of Principles" casts a shadow over
this, so maybe there will be another "extension" of the MoU but I
doubt it.

--
Cheers,

McTim
nic-hdl:      TMCG

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