[Ws2-jurisdiction] Some issues extracted from e-mail exchanges among SUB GROUP participants

[Kavouss Arasteh]

Dear Grec,
Pls note that I have sent you the extract from the e-mail exchanged.
We need to address these questions already raised and for which no clear
answer were given.
I hope you will kindly act impartially and netrally and respect the rules
of the game
Kavouss

2016-12-15 0:30 GMT+01:00 parminder <parminder at itforchange.net>:

> Thanks Kavouss
>
> These are all great and very pertinent questions that rent the mind of non
> US people and countries. These are what we must be addressing rather than
> dodging/ skipping them, as a large part of the exercise here has
> unfortunately been about... parminder
>
> On Tuesday 13 December 2016 02:15 AM, Kavouss Arasteh wrote:
>
> *Issues extracted from exchange of e-mails among WS2 Jurisdiction sub
> group  which should to be carefully examined and responded by WS2,
> Jurisdiction Sub-Group*
>
>    1.
>
>    What is the likelihood and circumstances under which the unilateral
>    application of US public law to ICANN occurs, taking into account ICANN
>    global governance function?
>    2.
>
>    Could a US Court change the decision of delegation of a gTLD, whenever
>    the registry may be based?
>    3.
>
>    Could a US Court also impose the wisdom of US law over the domain
>    allocation conditions of a gTLD  ?
>    4.
>
>    Could we determine that US law applies to ICANN in exactly the same
>    manner as of any other country?
>    5.
>
>    How the available choice of law could be exercised?
>    6.
>
>    How ICANN could specify that a given dispute be determined by an
>    arbitral panel in other countries than US?
>    7.
>
>    Should the choice of law not decided in the agreement, could either
>    party make that choice when dispute arises?
>    8.
>
>    Which jurisdiction laws have been applied since the creation of ICANN
>    governing disputes involving ICANN
>    9.
>
>    If for government and IGO parties Swiss law applies why for certain
>    cases involving government(s) US jurisdiction were sought?
>    10.
>
>    Does the US court intervene as a policy making power or just a dispute
>    settlers (. Africa)
>    11.
>
>    Who decides that an issue / dispute involve public interests?
>    12.
>
>    Could ICANN Be exempted FROM us Public laws under US Immunity Acts?
>    13.
>
>    Could we confirm that Internet core resources are global public good
>    and thus cannot be subject to one country‘s jurisdiction ?
>    14.
>
>    Could US make laws that prohibit ICANN / PTI from doing business with
>    particular countries?
>    15.
>
>    Could the US law prohibit ICANN to make changes in Root Zone?
>    16.
>
>    Why US jurisdiction must always be applied to nationals of other
>    countries ?
>
>    17.
>
>    How the States Sovereignty is ensured if US Jurisdiction applies?
>    18.
>
>    Is a ccTLD considered as country assets?
>    19.
>
>    What if OFAC does not give licence to ICANN for dealing with a
>    particular country due to great deterioration of relationship with US?
>    20.
>
>    As of Ist October 2016 ,public laws is not a concern for ICANN as
>    ICANN is an entirely private  based entity, please confirm that
>    21.
>
>    For application of public law, there is no choice of jurisdiction?
>    true or false?
>    22.
>
>    For application private law parties could preselect jurisdiction, true
>    or false?
>
>
>
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