[governance] A Host Country Agreement

[Michael Froomkin - U.Miami School of Law]

I was attempting to distinguish from entities like the UN which have a 
treaty behind them.  If there is a treaty, which (as you note) there is in 
the case of the R.C., then that leads neatly and routinely to a HQ 
agreement if the treaty contemplates a secretariat.  Maybe I've become 
overly legalistic, but this seems to me to be a fundamental difference 
from the (current) ICANN case....

On Tue, 27 Sep 2005, Jovan Kurbalija wrote:

> 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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A. Michael Froomkin   |    Professor of Law    |   froomkin at law.tm
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