[governance] need for a host country agreement?

[Avri Doria]

Hi,

as I understand it, in a host country agreement, the conditions are  
negotiated between the entity and the host country.  the purpose is  
not to escape local labor laws or local financial governance, but  
rather to avoid being subject to national laws that might restrict  
ICANN's behavior in the international arena; i.e. be forced to follow  
a political boycott.

so if the host country where to be negotiated in the US and in  
California, I would expect that most laws dealing with corporate  
operations and labor could very well remain the same.

but, you are right in one respect, it is a matter of negotiation.
and of course one must always be careful what they wish for.  even if  
that wish is for remaining a US corporation.


a.


On 27 sep 2005, at 17.20, Bret Fausett wrote:

> In calling for an adequate host country agreement for ICANN, please  
> keep
> in mind that California law provides a number of protections for
> Directors, corporation members and the public in general that are  
> in the
> interests of both civil society and Internet users. To the extent that
> the "host country agreement" is intended to provide privileges and
> immunities to ICANN from local law, remember the Auerbach v. ICANN
> lawsuit, backed by EFF, which ensured that a single Director was
> entitled to review the corporation's records against a claim by the
> President, General Counsel and a majority of the Directors that the
> records were private. That unfettered right to review ICANN's  
> corporate
> records was guaranteed by California law. This is just one among many
> important provisions of California law that might be lost by  
> insulating
> ICANN from local law. A host country agreement might make ICANN more
> international, but it also could have the unpleasant side effect of
> making ICANN more closed and less transparent.
>
>              Bret Fausett
> _______________________________________________
> governance mailing list
> governance at lists.cpsr.org
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>

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