I agree partially. Because we are using "jurisdiction" as a colloquial term referring to a territory, and not bad. But legally in the Germanic-Roman law and common law, case law is the power derived from the sovereignty of the State, to apply the law in the case, solving definitively and irrevocably a dispute, which is exerted exclusively by the courts composed of autonomous and independent judges. As Paul says, in the case of Turkey, hence the "competence" of the judges who have law will apply. So "competence" is related to the territory, functionality, etc. It is, here it is determined that court (Jurisdiction) has competence. Best regards Alberto Soto -----Mensaje original----- De: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] En nombre de Paul Rosenzweig Enviado el: miércoles, 13 de julio de 2016 11:56 a.m. Para: 'avri doria' <avri@apc.org>; accountability-cross-community@icann.org Asunto: Re: [CCWG-ACCT] jurisdiction debates This is exactly right -- Jurisdiction has many meanings that we will need to carefully parse. It could mean "where" a dispute is resolved; it could mean "which law" applies to a dispute; or it could me "which law governs the operation of the corporation for internal matters"? Of these, only the last is likely to be unique (though even here, I imagine that Turkish law would apply to, say, wage and hour concerns regarding ICANN's Turkish office). As ICANN grows, the registrars, registries, and other parties (at least in the contracted house) will be able to choose their venue and their substantive law, by agreement. Paul Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/ -----Original Message----- From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of avri doria Sent: Wednesday, July 13, 2016 8:26 AM To: accountability-cross-community@icann.org Subject: Re: [CCWG-ACCT] jurisdiction debates Hi, On 13-Jul-16 05:14, Dr Eberhard W Lisse wrote:
I see this not as deciding where ICANN wants to have its jurisdiction, but to look at what jurisdiction scenarios may be possible.
I think so too. With ICANN's simultaneous presence as a registered entity in various jurisdictions. I think ICANN is developing a mesh of jurisdictional options that will, with work and in time, allow registries/registrars, registrants and users of names to pick an appropriate jurisdiction for their dealings/issues. At lot of the details of how this works have yet to be worked out. avri --- This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community --- El software de antivirus Avast ha analizado este correo electrónico en busca de virus. https://www.avast.com/antivirus