[CCWG-ACCT] Testimony from Fadi Chehade at the USA Senatehearing

[Dr Eberhard W Lisse]

Rahul,

I am only a Gynecologist and not a Lawyer, but in the immortal words of Otter Stratton: "What's the difference?"


International Law regulates the behavior between countries and/or multilateral organizations, ie those established by treaties between countries. There are some that do not need treaties such as the Universal Human Rights, Crimes against Humanity, War of Aggression and so fort, but most such International Law is in the form of treaties between countries. Treaties can be bilateral (ie between two countries) or multilateral (ie between several countries) and they are usually ratified in a country by way of legislation.  On occasion one reads "country ..... acceded to the International Convention on .......", which clearly implies that there are countries where this International Law does not apply.

Hence, a corporation whether for profit or not can by definition not be regulated by International Law. 

Corporations are subject to national law.

In ICCAN's case surely Californian Law, and if it concerns third party outside of California, US Federal Law applies, as well.

However, it also depends where a company is trading and/or has a presence. Courts generally seem to find they have jurisdiction if they can enforce their judgements. This is easy in case where there are assets. It might also be the case if an office bearer is within the jurisdiction.

If, as in the case of the Red Cross/Red Crescent, FIFA or the TB Fund a national (the Swiss) government enters into an agreement to immunize the other party, that obviously is national. If other countries do the same with Red Cross/Red Crescent, it remains national in each of these other countries.


I think this topic has flittered by the mailing list, actually or one of the calls. 

My understanding of Mr Strickland is in any case that the IANA "stewardship" transition shall not be to a multilateral (ie treaty) organization, but to a multistakeholder one. 


And, Professor Dr Mueller expressing surprise is not a yardstick of Accountability, or rather of anything, by any means.

greetings, el

-- 
Sent from Dr Lisse's iPad mini

> On Mar 14, 2015, at 12:41, Rahul Sharma <wisdom.stoic at gmail.com> wrote:
> 
> Hi Wolfgang,
> 
> Global laws or International law mean codes developed by collaboration of nation states and other stakeholders, whether developed as laws (eg: Law of Armed Conflict) or through multilateral treaties or International acceptable standards/ conventions (such as for human rights) or as code of conduct, that will be applicable to the body managing and coordinating critical Internet resources and their usage, and its policies. Arbitration matters can also be decided - whether to be taken to International Court of Justice (ICJ) or if alternate arrangements need to be devised. 
> 
> What laws and provisions should determine whether a particular domain is acceptable or not, or when domain seizure can take place based on local court decisions citing IP infringement, or whether citizens of a particular nation states can apply for gTLDs or not, or whether domains can be cancelled based on territory? These, and many more, are all teething questions for which global community seeks answer, which just cannot be left without being discussed in detail. I understand Brazilian government too raised this point in GAC meeting in ICANN 52. 
> 
> Different stakeholders from India gathered together yesterday in New Delhi to discuss on developments specifically related to IANA transition and ICANN Accountability. CCWG Co-chair Mathieu Weill also made a brief presentation remotely. When asked about this particular question, he too was surprised that this aspect wasn't discussed in detail by the community. Prof. Milton Mueller too updated us all on ICG activities and he too was surprised why there hasn't been detailed discussion on the subject in the community.
> 
> Seek inputs of all to discuss this in detail. 
> 
> Warm Regards,
> Rahul Sharma 
> 
> 
> 
>> On 11 March 2015 at 14:09, "Kleinwächter, Wolfgang" <wolfgang.kleinwaechter at medienkomm.uni-halle.de> wrote:
>> Rahul:
>> 
>> ICANN & its functions should be subject to global laws, not state of California laws?
>> 
>> Wolfgang:
>> Could you specify what "global laws" means?
>> 
>> 
> [...]
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