[CCWG-ACCT] CCWG-Accountability - Draft Comment for Public Consultation on Articles of Incorporation (AOC)

[John Curran]

On Jul 9, 2016, at 4:50 AM, Schweighofer Erich <erich.schweighofer at univie.ac.at> wrote:
> 
> ICANN cannot determine the Global Public Interest alone, that is the work of the international law community world-wide, taking into account present methodology for developing customary international law. I am working on a study on that because I find this concept strong enough to act as a mediator between so different interests of international community in its now different forms – states, civil society,  business etc. but also takes into account present major stakeholders like state or inter-governmental international organisations. In my humble opinion, it is the phrase for respect of international law for new international actors on the global plane like ICANN. Besides the regulatory concept of this term, the other elements of adjudication and enforcement should be not forgotten.

To the extent that there is “international law” that is germane to ICANN’s activities, 
one would expect participants that are familiar with such law (and its relevance to a
particular policy under consideration) to inform the community in the normal course
of policy development.  

The community, via the structures of ICANN, is certainly free to determine how ICANN 
should "pursue the charitable and public purposes of lessening the burdens of government 
and promoting the global public interest in the operational stability of the Internet”, and 
this includes achieving an appropriate outcome after thoughtful consideration of all 
participants views.    If that outcome somehow differs from a magical and singular 
"Global Public Interest” that is rooted in international law, then so be.  The latter has, 
as you appropriately observe, its own element of enforcement completely orthogonal
to ICANN which may be readily utilized in the elusive case of actual global alignment 
in international law. 

/John

Disclaimer:  my views alone - please recycle these electrons when done with them.




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