[Ws2-jurisdiction] Some issues extracted from e-mail exchanges among SUB GROUP participants

[Kavouss Arasteh]

*Issues extracted from exchange of e-mails among WS2 Jurisdiction sub
group  which should to be carefully examined and responded by WS2,
Jurisdiction Sub-Group*

   1.

   What is the likelihood and circumstances under which the unilateral
   application of US public law to ICANN occurs, taking into account ICANN
   global governance function?
   2.

   Could a US Court change the decision of delegation of a gTLD, whenever
   the registry may be based?
   3.

   Could a US Court also impose the wisdom of US law over the domain
   allocation conditions of a gTLD  ?
   4.

   Could we determine that US law applies to ICANN in exactly the same
   manner as of any other country?
   5.

   How the available choice of law could be exercised?
   6.

   How ICANN could specify that a given dispute be determined by an
   arbitral panel in other countries than US?
   7.

   Should the choice of law not decided in the agreement, could either
   party make that choice when dispute arises?
   8.

   Which jurisdiction laws have been applied since the creation of ICANN
   governing disputes involving ICANN
   9.

   If for government and IGO parties Swiss law applies why for certain
   cases involving government(s) US jurisdiction were sought?
   10.

   Does the US court intervene as a policy making power or just a dispute
   settlers (. Africa)
   11.

   Who decides that an issue / dispute involve public interests?
   12.

   Could ICANN Be exempted FROM us Public laws under US Immunity Acts?
   13.

   Could we confirm that Internet core resources are global public good and
   thus cannot be subject to one country‘s jurisdiction ?
   14.

   Could US make laws that prohibit ICANN / PTI from doing business with
   particular countries?
   15.

   Could the US law prohibit ICANN to make changes in Root Zone?
   16.

   Why US jurisdiction must always be applied to nationals of other
   countries ?

   17.

   How the States Sovereignty is ensured if US Jurisdiction applies?
   18.

   Is a ccTLD considered as country assets?
   19.

   What if OFAC does not give licence to ICANN for dealing with a
   particular country due to great deterioration of relationship with US?
   20.

   As of Ist October 2016 ,public laws is not a concern for ICANN as ICANN
   is an entirely private  based entity, please confirm that
   21.

   For application of public law, there is no choice of jurisdiction? true
   or false?
   22.

   For application private law parties could preselect jurisdiction, true
   or false?
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