[CCWG-ACCT] premature jurisdiction debates

[Seun Ojedeji]

+1 well said wolf, well said!

Regards

Sent from my LG G4
Kindly excuse brevity and typos
On 26 Jun 2016 12:26 p.m., Kleinwächter, Wolfgang <
wolfgang.kleinwaechter at medienkomm.uni-halle.de> wrote:

> P:
> There is something called international law..... Like we are an
> international community working on an international issue, there is also
> international law.
>
> W:
> I am always perplexed that we have the same discussion again and again.
> The subject of international law is the state, represented by its
> government. Governments negotiate treaties. The primary source of
> international law is the Charter of the United Nations. The seven
> principles there - including sovereign equality of states - are seen as jus
> cogens. The rules for treaties are laid down in the the Vienna Convention
> on the Law of Treaties. Governments can delegate some rights - via an
> international treaty - to an intergovernmental organisation, as UNESCO, ITU
> and others.Such organizations become a subject sui generis under
> international law and can negotiate treaties with their host countries.
> Governments can also create international courts - as the International
> court of justice in The Hague or the Rome Statute. But in case of a
> conflict, the conflicting parties are governments, not private legal or
> natural persons.
>
> This is rather different from what we have with ICANN. ICANN is a non-for
> profit private corporations which operates n the public interest. In its
> Articles of Incorporation ICANN makes clear that in operates within the
> framework of international law. That means ICANN respect the national
> sovereignty of states, does not interfere into internal affairs of other
> countries etc. But ICANN is not a subject under international law.
> Governments participate in ICANN in an advisory role. The role is specified
> in the bylaws.
>
> If Parminder proposes an intergovernmental organizations for the
> governance of the Internet (or an intergovernmental framework convention
> for the domain name system) he should say so. Theoretically this is an
> option. Governments are free to negotiate anything as long as they find
> negotiation partners. It took 25 years to negotiate the 3rd Law of th Sea
> Convention. It took more than 20 years to negotiate the Rome Treaty. An the
> negotiations for a treaty on climate change started in the early 1990s. At
> this stage I do not see any intention of governments to enter into a new
> intergovernmental codification conference to negotiate an Internet treaty.
>
> BTW, individuals can start a case against private corporations if those
> corporations violate their rights they have in the country where they live.
> The case Schrems vs. Facebook is a good example. Facebook is incorporated
> in the US but does business in Europe. The European Court of Justice
> decided that Facebook has to respect  the rights of privacy of Mr. Schrems,
> a citizen of Austria.
>
> Hope this helps to end this useless debate.
>
> Wolfgang
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