[governance] IANA transition - BR Gov comments on the CCWG-Accountability Draft Proposal

[Mawaki Chango]

Of course what I was getting at in my previous email here, which is what it
is but I forgot to mention the word, is a _delegation_ protocol/framework.

mC.

On Jun 9, 2015 3:30 PM, "Mawaki Chango" <kichango at gmail.com> wrote:
>
> Just a question here...
>
> Between one de facto national/country law such as US' and the FIFA
scenario (or a country where the courts might be too deferential to
international bodies), is there possibly room for some institutional
creativity?
>
> From what BR gov is saying, simply replacing one country law with another
would not do the trick. If the community deliberation (involving also
governments) based on the systematic assessment of the jurisdiction
candidates short listed shows preference for US or Canada jurisdiction,
would it be possible at all then to put in place a protocol which any
governments may (and will be encouraged to) sign as a way of recognition of
the selected country law to govern ICANN matters?
>
> That way, governments will still have a formal framework for their
official reps engaging in ICANN's activities (abiding by its valid
decisions or challenging them only in the recognized courts) without the
need for an international treaty?
>
> Note that once the "legal status" question and the selection of law and
jurisdiction has been properly settled through a community due process, the
law and jurisdiction chosen will apply anyway. The protocol idea is for
governments who are willing to engage fully with ICANN and even assume
responsibility within the organization to have a formal ground and
framework to do so with regard to the governing law.
>
> Make sense?
>
> /Brought to you by Mawaki's droid agent
>
>
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