[Ws2-jurisdiction] Agenda for Meeting #4

Arasteh kavouss.arasteh at gmail.com
Mon Sep 26 18:41:48 UTC 2016


Dear Erich,
The problem is to establish the solange conditions .
I do not know how EU respond to that.
It is easy to put nice words together but difficult to implement that.
I do not share your views that X jurisdiction is or is not the best
Regards
Kavouss  

Sent from my iPhone

> On 23 Sep 2016, at 22:27, Mueller, Milton L <milton at gatech.edu> wrote:
> 
> And with this, can we say “so long” to the solange discussion?
>  
> --MM
>  
> From: ws2-jurisdiction-bounces at icann.org [mailto:ws2-jurisdiction-bounces at icann.org] On Behalf Of Schweighofer Erich
> Sent: Friday, September 23, 2016 1:07 AM
> To: Greg Shatan <gregshatanipc at gmail.com>; ws2-jurisdiction at icann.org
> Subject: Re: [Ws2-jurisdiction] Agenda for Meeting #4
>  
> As announced, the statement concerning “Solange jurisdiction”:
> In the ICANN context, it would mean that principles for a favourable jurisdiction are defined and “so long as” (German solange) these conditions are fulfilled, no change of jurisdiction is required.
> As we know, at present the U.S. / California is the best jurisdiction because the legal rules support and allow to enforce the complex accountability regime. However, alternative options should be assessed, at present from an academic point of view. I do not see indicators that the U.S. would change its jurisdiction practice concerning ICANN.
>  
> For those what to know more: In the Solange judgements, the German Constitutional Court held that so long as (German: solange) EU law had a level of protection of fundamental rights substantially in concurrence with the protection required by the German constitution, the Court would no longer review specific EU acts.
>  
> Best, Erich
>  
> Von: ws2-jurisdiction-bounces at icann.org [mailto:ws2-jurisdiction-bounces at icann.org] Im Auftrag von Greg Shatan
> Gesendet: Mittwoch, 21. September 2016 05:30
> An: ws2-jurisdiction at icann.org
> Betreff: [Ws2-jurisdiction] Agenda for Meeting #4
>  
> All,
>  
> The agenda for meeting #4 is attached.  We look forward to the call.
>  
> Greg & Vinay
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