[governance] ICANN's legal status

[Riaz K Tayob]

Thanks for the great info and disclaimer!

Just to note that the derivation of this opinion from the facts is one 
in which we may disagree, as this depends on one's predilection. Unless 
cautiously stated (not necessary on this list) this kind of view is apt 
for abuse to forestall evolutionary change.

Immunities can and certainly are abused (e.g. Ban Ki Moon was the first 
SG to sit in on military planning for the bombardment of Libya) but 
there are reasons for the immunity - once an organisation is perceived 
as carrying out _legitimate_ international functions these immunities 
are a means to get the job done.

On getting many countries to agree on anything, well global financial 
liberalisation (pre-crisis and even now) is continuing unabated - so I 
guess there is optimism of a sort.

Riaz





On 2012/09/04 07:19 PM, Milton L Mueller wrote:
> However, as I have emphasized again and again, California Corp. law 
> does not dictate what policies ICANN makes, it only structures the 
> organizational form of the corporation that runs the policy 
> development process. As legal frameworks go, it could be better or it 
> could be worse. As such, those who insist that it would be more 
> legitimate and accountable under international law are almost 
> certainly mistaken, given that governments and international law would 
> give the corporation all kinds of immunities that would actually 
> insulate it from certain forms of legal accountability and public 
> input. Not to mention the severe geopolitics that would be involved in 
> getting 150 governments to agree on anything. 

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