[governance] ITU vs. ICANN

[Jean-Louis FULLSACK]

Karl wrote :



Wow ! This is an overwhelming question !
Btw : And conversely : isn't there at least a question of the same order ? 
However, who cares ?

Best 
Jean-Louis Fullsack 
CSDPTT





> Message du 09/10/10 00:11
> De : "Karl Auerbach" 
> A : governance at lists.cpsr.org
> Copie à : 
> Objet : Re: [governance] ITU vs. ICANN
> 
> 
> On 10/08/2010 12:51 PM, Lee W McKnight wrote:
> 
> > But notion that ITU could decide something that is treated as
> > mandatory is not far-fetched at all.
> 
> In the US the quesiton of whether a treaty is domesticated to have force 
> with or over local (national) law is a rather complex question.
> 
> And in this instance that question is made more complex by the fact that 
> we are not talking about a treaty itself but, rather, a decision made 
> subsequent to a treaty.
> 
> (Of course, we'd have to begin by asking "which treaty". And examine 
> the terms and conditions, if any, that the US attached when agreeing to it.)
> 
> Can an international body created under a treaty (to which the US is a 
> signatory) could have veto power over the decisions of a private 
> corporation in the US?
> 
> My own sense if that that there are a lot of intermediate hurdles that 
> would have to be overcome before that would happen.
> 
> I suspect that the US would as a matter of national policy strongly 
> fight the notion of automatic domestication of treaty-based powers. So 
> would most countries as auto-domestication amounts to a reduction in the 
> sovereign powers of a nation.
> 
> And if it were done I suspect it could pour gasoline onto the funeral 
> pyre that a lot of conservative groups ("tea party") want to make for US 
> participation in the UN and other international bodies - yes, that 
> position, once held only by the fruitcake fringe, is now moving towards 
> mainstream US politics. Sigh.
> 
> And, of course, there is the fact that ICANN acts by virtue of being the 
> vertex of a pyramid of contracts. That vertex exists only because we 
> use a single DNS root. We use a single root merely for convenience; 
> there is no technical reason that blocks others. Too much pressure from 
> overbearing governments and international bodies and the single-root 
> will become multiple roots - and governments and international bodies 
> will have to try to heard a herd of angry cats rather than one somewhat 
> docile ICANN cat.
> 
> --karl--
> 
> 
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