[Ws2-jurisdiction] habe Re: RES: ISSUEertion of one country over ICANN
Nigel Roberts
nigel at channelisles.net
Sun Aug 20 14:36:04 UTC 2017
> Further to the explanation of how I used the term, I willingly withdraw it.
Thanks.
>
> Can you now respond to the question of technical vs democratic notions
> of legal regimes.... parminder
I have to say I need to give that some consideration (I'm on a
cross-country train today).
But my overall view is informed by the observation that (as it seems to
me) that ICANN has and is more informed by sociological views of
rulemaking than black-letter rule-of-law concepts of accountablity.
In other words 'make it up as you go along becuase it seems right',
rather than a culture of observance of natural justice.
I'm not prepared to see that immune.
Whilst I don't insist on any particular legal system where ICANN can be
subject to the Rule of Law, there has to be at least one jurisdiction
since it is a private, not state actor.
N.
(And don't think I have no insights on this dichotomy! Whilst the UK as
a whole tends towards rule-of-law, judicial review and holding the
Executive to account through the courts, not all parts of smaller,
independent, British island jurisdictions always reach the same standard
. . .)
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