[CCWG-ACCT] jurisdiction debates

[Paul Rosenzweig]

This is exactly right -- Jurisdiction has many meanings that we will need to
carefully parse.  It could mean "where" a dispute is resolved; it could mean
"which law" applies to a dispute; or it could me "which law governs the
operation of the corporation for internal matters"?  Of these, only the last
is likely to be unique (though even here, I imagine that Turkish law would
apply to, say, wage and hour concerns regarding ICANN's Turkish office).
As ICANN grows, the registrars, registries, and other parties (at least in
the contracted house) will be able to choose their venue and their
substantive law, by agreement.

Paul

Paul Rosenzweig
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-----Original Message-----
From: accountability-cross-community-bounces at icann.org
[mailto:accountability-cross-community-bounces at icann.org] On Behalf Of avri
doria
Sent: Wednesday, July 13, 2016 8:26 AM
To: accountability-cross-community at icann.org
Subject: Re: [CCWG-ACCT] jurisdiction debates

Hi,

On 13-Jul-16 05:14, Dr Eberhard W Lisse wrote:
> I see this not as deciding where ICANN wants to have its jurisdiction, 
> but to look at what jurisdiction scenarios may be possible.

I think so too.

With ICANN's simultaneous presence as a registered entity in various
jurisdictions. I think ICANN is developing a mesh of jurisdictional options
that will, with work and in time, allow registries/registrars, registrants
and users of names to pick an appropriate jurisdiction for their
dealings/issues.

At lot of the details of how this works have yet to be worked out.

avri


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