[CCWG-ACCT] Human rights as a core value Fwd: Re: [] Mission, Commitments and Core Values

Nigel Roberts nigel at channelisles.net
Sat Jul 18 17:30:18 UTC 2015


It's Article 4 of the Articles of Incorporation.

In ICM -v- ICANN, HHJ Tevrizian (retd.) wrote

> 140.  In the view of the Panel, ICANN, in carrying out its activities “in
> conformity with the relevant principles of international law,” is charged with
> acting consistently with relevant principles of international law, including
> the general principles of law recognized as a source of international law.
> That follows from the terms of Article 4 of its Articles of Incorporation and
> from the intentions that animated their inclusion in the Articles, an intention
> that the Panel understands to have been to subject ICANN to relevant
> international legal principles because of its governance of an intrinsically
> international resource of immense importance to global communications and
> economies.   Those intentions might not be realized were Article 4
> interpreted to exclude the applicability of general principles of law.

Now were this a judgment in a common-law jurisdiction, one might concede 
that the above remarks of Judge Tevrizian are persuasive rather than 
binding precedent (but that was always going be the case anyway, as it 
isn't a court judgment; rather a decision in an arbitration).

Nonetheless, the eminence and experience of the author, coupled with 
what clearly is his very high-level of understanding of ICANN and its 
role leads me to believe this is an accurate construction of the meaning 
of Art. 4, and I so submit.

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