[governance] JPA

[Jeanette Hofmann]

Hi Michael, this sounds nice but how do we translate national due 
process to transnatinal policy making? You are not suggesting to 
restrict the rights to appeal or to contest an action to the citizens of 
the country that hosts ICANN, are you?

jeanette

Michael Froomkin - U.Miami School of Law wrote:
> This is why tying to a nation's law (as opposed to 'international law') 
> of administrative makes sense: it's at the national level that we have 
> well worked-out ideas of due process and basic rights to be heard.
> 
> International law, which is still primarily about states and 
> international organizations, does not have a body of jurisprudence that 
> speaks to those issues.
> 
> The US APA is one model; Canada has a different on.  The UK's model of 
> administrative review, on the other hand, is relatively feeble.
> 
> Several countries have a strong tradition, and well worked-out rules, 
> about procedural regularity, that is rules which police fairness, 
> conflicts of interest, the right to be heard, without being too 
> heavy-handed in their substantive review.  Those are good models, they 
> took decades to develop, and one should be adopted rather than 
> reinvented from the ground up.
> 
> On Wed, 27 May 2009, Milton L Mueller wrote:
> 
>> > I also think that suggesting an 'international judidical body'  
>> > for adjudication CIR/ related IG issues as a more urgent step  
>> > would be useful, since a full treaty process could take long  
>> > time. The model and legal basis for such a judicial or quasi- 
>> > judicial body can be discussed. ,  
>>  
>> Same issue as my last message.
>> What rules/law does this quasi-judicial body apply? Without that, it's 
>> useless second-guess or a
>> dangerous political bypass mechanism.
>> We've tried to skip that stage for 10- years and it hasn't worked. 
>> Let's get down to it.  
>>
>>
>>
> 
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