As a stop gap measure, before such incorporation under international law can be worked out, a new ICANN free from formal NTIA oversight should set up a parallel redundant authoritative root in a non US location, which is fully primed to work and take over from the US based one the moment there is any interference by the US state - whether its judicial, legislative or executive branch, either in ICANN's policy process, or actual entries in the authoritative root. Since Internet's root system works by reputation and 'community acceptance' and not by any necessary physical components and linkages, this should be easy to work out.. This IMHO would be the best interim check on the US state's possibilities to interfere with ICANN/ root file business.