[governance] JPA

[Michael Froomkin - U.Miami School of Law]

No, it is not that difficult to craft a system to allow non-citizens to 
have an equal right of action.  But this does mean the non-citizen must go 
into the courts of that nation, which has linguistic, geographic and 
financial implications.  I submit that is still better than reinventing 
the wheel, with all the uncertainty (and expense) that implies.


On Wed, 27 May 2009, Jeanette Hofmann wrote:

> 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. 
>> > 
>> > 
>> >
>> 
>
>

-- 
http://www.icannwatch.org   Personal Blog: http://www.discourse.net
A. Michael Froomkin   |    Professor of Law    |   froomkin at law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
+1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
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