Jordan ' What you say is 100% correct. But is 100% irrelevant to the point the article makes. Which is that Africa once again - this time in cyberspace - is subject to the ultimate authority of the judiciary of a 'colonial power'. The history of the Dominions, such as Canada, Australia and NZ and their evolution into independent nations between the mid-19th century, and reaching full independence in the 1980s was such a gradual and non-violent process that it might be hard for me and you to understand the symbolism and sensitivities fully. Of course there always needs to be a judicial tribunal where process errors in international contracts can be appealed. In shipping, this is commonly London/English law, NY/New York law, or Cairo. Personally I think that the California courts are quite well placed to keep ICANN on the straight and narrow, much as I myself think London would be better. But, it seems to me, from the point of view of Africa, no matter what the technical (i.e. legal) advantages in the Rule of Law, the optics are unfortunate, and that appears to be the point of the article. On 19/06/16 07:01, Jordan Carter wrote:
I may have missed something, Parminder, but isn't it a plus rather than a negative for ICANN accountability that process errors can be appealed and the company held to account for them?
Jordan
On 19 June 2016 at 07:26, parminder <parminder@itforchange.net <mailto:parminder@itforchange.net>> wrote:
On Sunday 19 June 2016 04:13 AM, Paul Rosenzweig wrote:
The Economist | A virtual turf war: The scramble for .africa http://www.economist.com/news/middle-east-and-africa/21700661-lawyers-califo...
Not that this fact is being discovered now, but it still is the simplest and clearest proof that US jurisdiction over ICANN's policy processes and decisions is absolutely untenable. Either the US makes a special legal provision unilaterally foregoing judicial, legislative and executive jurisdiction over ICANN policy functions, or the normal route of ICANN's incorporation under international law is taken, making ICANN an international organisation under international law, and protected from US jurisdiction under a host country agreement.
parminder
Paul Rosenzweig
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