[CCWG-ACCT] Deck for Meeting #75 Mission Statement discussion
malcolm at linx.net
Mon Jan 18 10:48:14 UTC 2016
On 18/01/2016 01:54, Burr, Becky wrote:
> So if an applicant includes obligations in the application, it is ok for
> ICANN to enforce those commitments?
Not for purposes inconsistent with ICANN's Mission, no.
It shouldn't be surprising that ICANN cannot escape the limits of its
Bylaws simply by placing something inconsistent with them into a
contract. If a Registry placed something in its application that would,
if agreed, cause ICANN to act inconsistently with law that was
applicable to ICANN, you wouldn't expect the contract to override
applicable law. Nor should it override the governance of ICANN.
> What¹s the principle - freedom of
The Registry's freedom of contract is not limited, subject to applicable
law. But ICANN's is freedom of contract is additionally limited by the
Malcolm Hutty | tel: +44 20 7645 3523
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