Parminder Would you not agree that a better formulation would be that in any question of public law, the Law and Jurisdiction is, usually, the law that is generally the law and jurisdication that applies, generally, to the RELEVANT PUBLIC AUTHORITY (sometimes called 'emanation of the state')? Examples: Iin determining a public law question of an English town council, the law of England-and-Wales applies, and the English High Court has jurisdiction. Or for a Scottish police authority, Scottish law applies, and the Court of Session has jurisdiction under Chapter 58, similarly. In a question relating to whether the actions of a German Federal ministry are lawful, German law applies and the Administrative Court would have jurisdication. (If the question was about the constutionality of their actions, it would, I expect, be the Constitutional Count ). I said 'usually' at the start, since there are exceptions. Countries with a Federal system of government will have specific rules relating to the relationship of different tiers. European Law is another. At the moment, the UK Government is still subject to EU law, and in any question relating to the interpretation of EU law, the ECJ has ultimate jurisdiction. US lawyers can provide similar examples of where and how you take State and Federal official bodies to court. However, NONE OF THIS IS ANY LONGER RELEVANT, unless someone here can persuade me otherwise. Since Oct 1st, public law is not a concern for ICANN (except perhaps in any question that may arise considering the legality or otherwise of actions by individual GAC members under their own domestic law). ICANN is an entirely private law based entity. It deals in domestic private law (i.e. when it contracts with law service providers, in whatever context) and international private law (when it deals with registries and registries, LARGELY (but not necessarily exclusively) under Californian law and its conflict-of-law provisions. So why are we even talking about it?? On 17/10/16 06:13, parminder wrote:
/"in the application of public law there is no choice of jurisdiction available to the parties, and they are subject the jurisdiction of the state where they are located"/