On 18/01/2016 01:54, Burr, Becky wrote:
So if an applicant includes obligations in the application, it is ok for ICANN to enforce those commitments?
Not for purposes inconsistent with ICANN's Mission, no. It shouldn't be surprising that ICANN cannot escape the limits of its Bylaws simply by placing something inconsistent with them into a contract. If a Registry placed something in its application that would, if agreed, cause ICANN to act inconsistently with law that was applicable to ICANN, you wouldn't expect the contract to override applicable law. Nor should it override the governance of ICANN.
What¹s the principle - freedom of contract?
No. The Registry's freedom of contract is not limited, subject to applicable law. But ICANN's is freedom of contract is additionally limited by the Bylaws. -- Malcolm Hutty | tel: +44 20 7645 3523 Head of Public Affairs | Read the LINX Public Affairs blog London Internet Exchange | http://publicaffairs.linx.net/ London Internet Exchange Ltd Monument Place, 24 Monument Street, London EC3R 8AJ Company Registered in England No. 3137929 Trinity Court, Trinity Street, Peterborough PE1 1DA