As long as registries have the choice, a regional "menu" approach seems ok to me.
-----Original Message----- From: Paul Rosenzweig [mailto:paul.rosenzweig@redbranchconsulting.com] Sent: Wednesday, September 13, 2017 11:25 AM To: Mueller, Milton L <milton@gatech.edu>; ws2-jurisdiction@icann.org Subject: RE: [Ws2-jurisdiction] [EXTERNAL] issues on applicable law
We can't avoid inconsistency altogether if there is more than one jurisdiction involved. Almost by definition, with more than one jurisdiction available the risk of inconsistency and uncertainty is heightened.
At the other end of the spectrum is a world with 190+ jurisdictions. In that context the risk of inconsistency is at its maximum.
I personally have no concerns about the use of California law exclusively. Others in the community, however, do have those concerns. A menu option with a few regional choices seems to answer those concerns without a huge increase in the risk of inconsistency -- especially if it is accompanied by an urge toward uniformity in areas where uniformity is most essential (like operational issues).
It is an imperfect solution -- offered in the spirit of compromise, not as a canonically correct exposition of principle.
Paul
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-----Original Message----- From: Mueller, Milton L [mailto:milton@gatech.edu] Sent: Wednesday, September 13, 2017 10:22 AM To: Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com>; ws2-jurisdiction@icann.org Subject: RE: [Ws2-jurisdiction] [EXTERNAL] issues on applicable law
Very interesting post Paul. But, are you agreeing or disagreeing with the "menu" being based on regions? If you are agreeing, then how do we avoid this problem:
And we cannot, from an accountability perspective, want a world in which there are inconsistent results and how a contract provision is enforced depends on whether the suit is brought in Europe or in Asia. That type of uncertainty is also the enemy of accountability. Thus, I disagree with the submission that the presumption should be that the law of the registry apply to the agreement. That way lies chaos.