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<div class="moz-cite-prefix">On Monday 17 October 2016 01:35 PM,
Nigel Roberts wrote:<br>
</div>
<blockquote
cite="mid:6dd977c8-8c32-eaf0-05f0-bb3a33241241@channelisles.net"
type="cite">Parminder
<br>
<br>
Would you not agree that a better formulation would be that in any
question of public law, the Law and Jurisdiction is, usually, the
law that is generally the law and jurisdication that applies,
generally, to the RELEVANT PUBLIC AUTHORITY (sometimes called
'emanation of the state')?
<br>
</blockquote>
<br>
Nigel, if you are saying that public law is only such law that
applies to public authorities then I am unable to agree with this
definition. Criminal law is one of most well known examples of
public law which of course is applicable on everyone and not just
public authorities. Sol is for instance, labour law, all regulatory
enforcements, and the such.<br>
<br>
Even this<a
href="http://www.allaboutlaw.co.uk/stage/areas-of-law/public-law">
authoritative looking website</a> from UK says, "<span>In the UK,
public law is made up of constitutional/administrative law, tax
law and criminal law." <br>
<br>
It further says, "</span>There are several theories as to why
public law is different to private law. These have evolved over time
but it’s widely regarded that a combination of the subjection theory
and subject theory. The subjection theory suggests that public law
governs the relationship between the person and the state and
private law governs relationships of individuals. The subject theory
suggests that if a person find themselves in membership of a public
body, public law applies."<br>
<br>
It also confirms my earlier example of how employment could both be
guided by public law (ex., labour law) and private law (contract
law). TO further quote form this UK legal website, " For example,
employment law falls into both – the employment contract is a
private law matter, whereas health and safety in the workplace is a
public law issue."<br>
<br>
I think these quotations should make the matter clear. <br>
<br>
<br>
<blockquote
cite="mid:6dd977c8-8c32-eaf0-05f0-bb3a33241241@channelisles.net"
type="cite">
snip<br>
<br>
<br>
<br>
However, NONE OF THIS IS ANY LONGER RELEVANT, unless someone here
can persuade me otherwise.
<br>
<br>
Since Oct 1st, public law is not a concern for ICANN (except
perhaps in any question that may arise considering the legality or
otherwise of actions by individual GAC members under their own
domestic law).
<br>
</blockquote>
<br>
Only if you define public law as that applicable to public
authorities, which I am unable to agree with. PL see above quotes
from a UK legal website about UK jurisprudence. <br>
<blockquote
cite="mid:6dd977c8-8c32-eaf0-05f0-bb3a33241241@channelisles.net"
type="cite">
<br>
ICANN is an entirely private law based entity.
<br>
</blockquote>
<br>
Completely untrue. It is subject to every single public law of the
US. <br>
<br>
<blockquote
cite="mid:6dd977c8-8c32-eaf0-05f0-bb3a33241241@channelisles.net"
type="cite">
<br>
It deals in domestic private law (i.e. when it contracts with law
service providers, in whatever context) and international private
law (when it deals with registries and registries, LARGELY (but
not necessarily exclusively) under Californian law and its
conflict-of-law provisions.
<br>
</blockquote>
<br>
In terms of contract, it deals with private law (which still remains
in the oversight of public law), but every internal - organisational
aspect, as well as external -- governance and policy making part,
remains fully subject to all US public laws. It should be so very
obvious. In fact I am thinking, why are we even talking about it. Do
you really believe that ICANN can make policies and do gTLD
delegation in a manner that expressly is in conflict with US
competition, or anti-discrimination law (say, only men can take up
certain gTLD), and the might of the US state in its obligation to
enforce US public law wont come down heavily on any such thing....
Do you really?<br>
<br>
parminder <br>
<blockquote
cite="mid:6dd977c8-8c32-eaf0-05f0-bb3a33241241@channelisles.net"
type="cite">
<br>
So why are we even talking about it??
<br>
<br>
<br>
<br>
On 17/10/16 06:13, parminder wrote:
<br>
<blockquote type="cite">
<br>
</blockquote>
<br>
<blockquote type="cite">
<blockquote type="cite">/"in the application of public law there
is no choice of jurisdiction
<br>
available to the parties, and they are subject the
jurisdiction of the
<br>
state where they are located"/
<br>
</blockquote>
</blockquote>
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<br>
</blockquote>
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