[CCWG-ACCT] Jurisdictional Issue
avri at acm.org
Wed Apr 8 22:13:19 UTC 2015
I am wondering whether this is an issue that can be directed to our
legal experts; both our International Law Advisor Lee Bygrave, and the
Legal Experts we have hired.
Specifically: how can affected parties, whether sovereign, IGO or
individuals outside countries with ICANN presence, can use courts or
other legal mechanisms that are appropriate for them, their jurisdiction
and international law.
On 05-Apr-15 19:09, Bruce Tonkin wrote:
> Hello Avri
>>> On Jurisdiction:
> I agree that this is a basic topic that still needs to be covered. I believe it is about making sure that any of the stakeholders has a chance to argue their case in a jurisdictionally appropriate venue. For States and IGOs, that is not generally the US court system. A solution for this does seem to be a necessary part of any accountability solution.
> I think you have stated the problem well here. It might be an area where the CCWG can get some legal advice on how to ensure the above can be achieved. Ie it is less about where ICNAN is physically located or incorporated - and more about the ability of affected parties to use courts that are appropriate for them.
> Bruce Tonkin
> Accountability-Cross-Community mailing list
> Accountability-Cross-Community at icann.org
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