[Ws2-jurisdiction] Issue 2, Non interference of States in ccTLDs of other States

[Kavouss Arasteh]

Dear Greg,
Dear Bernard
Since yesterday ,I tried several times to post my issues in the Spreadsheet
but I have not succeeded.
Pls kindly include this issue as my Issue 2 in that Sheet as follows:
*Non-interference of States in ccTLDs of other States *

Resolution 102 of ITU Plenipotentiary Conference 2014 Busan relating to
International public policy issues pertaining to the Internet and the
management of Internet resources, including domain names and addresses

Which was unanimously adopted by all Governments attending that conference
including the United States of America in its recognizing further stipulates

Quote

*“recognizing further*

*h)       that Member States represent the interests of the population of
the country or territory for which a ccTLD has been delegated;*

*i)         that countries should not be involved in decisions regarding
another country's ccTLD,” *

Unquote

The Resolution also in its resolve stipulates that

Quote

*         “resolves *

*         2      that the sovereign and legitimate interests, as expressed
and defined by each country, in diverse ways, regarding decisions affecting
their ccTLDs, need to be respected and ensured, upheld and addressed via
flexible and improved frameworks and mechanisms;”*



Unquote

In view of the above  no state should interfere with ccTLDs of other states
 .

*Proposed solution:*

ICANN should seek jurisdictional immunities in respect of ICANN's
activities relating to the management of ccTLDs. Moreover, it should be
included in ICANN Bylaws an exclusive provision, whereby disputes relating
to the management of any given ccTLD by ICANN shall be settled exclusively
in the courts of the country to which the ccTLD in question refer. Such
exclusive clause shall be included in the contracts ICANN negotiate with
ccTLD managers, where such a contract exists.

Regards

Kavouss
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