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

[parminder]

Thanks Kavouss

These are all great and very pertinent questions that rent the mind of
non US people and countries. These are what we must be addressing rather
than dodging/ skipping them, as a large part of the exercise here has
unfortunately been about... parminder


On Tuesday 13 December 2016 02:15 AM, Kavouss Arasteh wrote:
>
> *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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> Ws2-jurisdiction at icann.org
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