[governance] A Host Country Agreement

[Jovan Kurbalija]

Dear Bret and Michael,

 

The Red Cross (ICRC) is possible precedance.  The ICRC was established as
private entity under the Swiss Civil Code. Its' international juridical
status (including immunities) is based on the Headquareters Agreement
between the ICRS and Switzerland. Apart from the similarities there is one
important difference. The ICRC's mandate is based on the Geneva Conventions
for the protection of prisioners of war, etc. By analogy ICANN+ should have
complete or part of its mandate (GAC) anchored in international law.
International legal basis could be developed through one of the following
options:

 

- international framework convention

- US government unilateral declaration (civil society/Milton's proposal) 

- instant customary law (US government practice of non-intervention in
running DNS-system) strenghten by soft law declaration

 

 

I agree that "privileged status" is not the most favourable setting for the
promotion of transparency and efficiency. However - based on the current IG
debate - any IG institutional arrangement (Forum, ICANN+, ?) will be
cearefully controlled by various stakeholders. 

 

Jovan

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