[governance] regulating the digital space - whose laws apply, and whose do not

[Salanieta T. Tamanikaiwaimaro]

The issues are more complex than this, but this is my attempt to reduce the
debate to get to the crux of what and how to address the debate:

*Should there be a global global governance mechanism that creates the law
to regulate all States/ multinationals etc?*

or

*Should there be mechanisms which allows for countries to adopt global best
practices?*


Both in my mind already exist in parts...To a large extent this exists
through Mutilateral or Bilateral agreements between nation states and the
existence of international and regional standards.

If countries are sovereign and choose to regulate as they please which is
their sovereign right to do, self determination provided that it does not
infringe what universally is agreed as "acceptable conduct". Even with Human
Rights debates and discussions/disourse there are diverse views on
jurisprudence such as the universalism vrs cultural relativism debate.
There will always be diverse views, the question is how do we come up with
clear feasible solutions.

We just have to build capacity locally, learn from strengths and weaknesses
of those who have developed and draw from the good, discard the bad. This is
why the IGF and the multistakeholder process is relevant to developing
countries.

Sala

On Fri, Aug 26, 2011 at 3:13 PM, Roland Perry <
roland at internetpolicyagency.com> wrote:

> In message <4E5795FF.5080606 at digsys.bg>, at 15:47:59 on Fri, 26 Aug 2011,
> Daniel Kalchev <daniel at digsys.bg> writes
>
> According to the 'government rule' opinion, that country's government
>> should be able to sue Google and/or the "Canadian" drug sellers for
>> breaching their national laws. Has this ever happened? There are lots of
>> things, that Internet makes accessible to anyone, including people whose
>> local government has decided they are not entitled to it.
>> What typically happens is it is the consumer that gets beaten for not
>> assisting the law.
>>
>
> Pharmaceuticals are an interesting case because what's normally being
> regulated is the ability to prescribe them, not the consumption.
>
> Therefore, there are some pharmaceuticals which are available "over the
> counter" in some countries, but a Doctor's prescription is required in other
> countries. Similarly there are certain pharmaceuticals which are available
> by Doctor's prescription in some countries, but only if you are on a
> clinical trial in other countries (where the regulator has not yet
> determined that they are safe to use).
>
> If the medical community, which is relatively joined-up worldwide, has not
> been able to harmonise these things yet, I'm not sure that those of us in
> the Internet Governance space can do much to help.
> --
> Roland Perry
>
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-- 
Sala

" Perfect Stillness in the midst of the noise".
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