[governance] RE: On the process of proposing workshop themes

[Meryem Marzouki]

Not sure to which extent this isn't a language problem: the  
sovereignty is not a capacity of governments, but of States, with the  
exclusive right to exercize a political authority within a given  
territory and on a given group of people.
In any case, sovereignty shouldn't be dealt with as a 'right', at  
least not in the same way as human rights, since it defines the  
independence of a State vis a vis other States (non intervention) ...  
provided that this State is recognized by the others.
This sovereignty (more and more) finds some limitations: (partial)  
delegation to supra-national entities (e.g.: EU), recognition of some  
interference rights (e.g. by belonging to the UN or other  
international organizations), etc. Sovereignty may also be de facto  
limited by multinational companies, and other private entities, in a  
globalized world.
The Internet is of course a special case, and the IGC held an  
interesting workshop at IGF 2008 on related matters ("The  
Transboundary Internet : Jurisdiction, Control and Sovereignty"). I  
doubt the ccTLDs could be a good example, since they don't really  
raise any sovereignty issue. Far more interesting, with this respect,  
are issues like filtering and net neutrality.
Meryem


Le 26 mars 09 à 14:47, Konstantinos Komaitis a écrit :

> Governments have only one right to sovereignty – I think this is  
> important in the context of the international Internet. Perhaps a  
> workshop theme could include the governments’ sovereignty as  
> opposed to the non-sovereign state of the Internet. The case of  
> ccTLDs could be used as a good starting point for the discussion.
>
> Konstantinos
>
>
> On 26/03/2009 13:34, "Milton L Mueller" <mueller at SYR.EDU> wrote:
>
>> Governments do not have any "rights;" they have powers. Only  
>> people have rights. Insofar as governmental powers are justified  
>> and just, they are held and exercised to secure rights for people.
>> Milton Mueller
>> Professor, Syracuse University School of Information Studies
>> XS4All Professor, Delft University of Technology
>> ------------------------------
>> Internet Governance Project:
>> http://internetgovernance.org <http://internetgovernance.org/>
>>
>>
>>>
>>> Perhaps the workshop could address aspects related to the Rights  
>>> of  Governments, apart from focussing on the Rights of the  
>>> Users?   Governments of the world might want to argue that they  
>>> have a right to demand  certain content removed - You Tube has  
>>> faced such rights based requests in the  recent past and now.
>>>
>>>
>>>
>>> Governments would like to argue that they have a moral right to  
>>> filter,  and to censor inappropriate content ????
>>>
>>>
>>>
>>> What is this "rights-based values and principles for internet  
>>> governance"  any way? Define rights, principles and then enact  
>>> laws according to the agreed  values and principles ???
>>>
>>>
>>>
>>
>
> -- 
> Dr. Konstantinos Komaitis,
> Lecturer in Law,
> GigaNet Membership Chair,
> University of Strathclyde,
> The Lord Hope Building,
> 141 St. James Road,
> Glasgow, G4 0LT,
> UK
> tel: +44 (0)141 548 4306
> email: k.komaitis at strath.ac.uk
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