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

[Dr. Mona Al-achkar JAbbour]

I totally agree with ErichActually, the "Global Interest" cannot be defined and agreed on, outside the international LawBestMona

From: erich.schweighofer at univie.ac.at
To: milton at gatech.edu; gregshatanipc at gmail.com; AAikman at lrrc.com
Date: Sat, 9 Jul 2016 08:50:04 +0000
CC: thomas at rickert.net; accountability-cross-community at icann.org
Subject: Re: [CCWG-ACCT] CCWG-Accountability - Draft Comment for Public Consultation on Articles of Incorporation (AOC)









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.

Best,

Erich Schweighofer

 


Von: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org]
Im Auftrag von Mueller, Milton L

Gesendet: Samstag, 09. Juli 2016 05:15

An: Greg Shatan; Aikman-Scalese, Anne

Cc: Thomas Rickert; Accountability Cross Community

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


 
 
 



There is no requirement in the revised Bylaws that the Global Public Interest be determined, or that such a determination is needed (or even desirable) for ICANN (the Board,
 the Corporation and/or the Community) to make decisions..


 


There is a requirement that
if the Global Public Interest is determined, it will be done by the multistakeholder community through an inclusive bottom-up multistakeholder community process.
 
MM: Agreed.


 


a determination of the "public interest."  ICANN is no exception.  The "Global Public Interest" standard has been in ICANN's Bylaws since the beginning; this is nothing
 new 
 
MM: No, it hasn’t. Check if you wish:
https://www.icann.org/resources/unthemed-pages/bylaws-1998-11-23-en
ICANN was incorporated as a California “public benefit corporation” (i.e., a nonprofit) but the “global public interest” standard is quite new
 and those of us with knowledge of history of utility regulation in the U.S. understand where a public interest standard comes from and what are its implications (basically, blanket grant of authority to determine what is good for us). Most of us don’t want
 ICANN to have that power. Some people still can’t cough out an acknowledgment that ICANN is a regulator.
 
Dr. Milton L. Mueller
Professor, School of Public Policy
Georgia Institute of Technology
 

 
 






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