Re: WIPO as Internet mediator/arbitrator?

[Jeff Williams <jwkckid1@ix.netcom.com>]

Bruce and all,

Bruce E. Burdick wrote:

> Please detail the adequate legislation, enforcement and remedies in
> Libya that would be accessible to a US citizen concerning a domain
> registered by a Nigerian resident at a registry in Kuwait through a New
> Zealand registrar.

  Pretty simple here.  GATT and other individual trade agreements would be
covered
in this scenario form our experience.

>
>
> It is only adequate for those desiring no effective remedy.

  Incorrect.  (See above)  Than do your homework on trade agreements
with those countries to which you mention very carefully.

>
>
> As the Internet community tries to internationalize administration, it
> is rather clear that local laws and existing dispute resolution and
> enforcement systems are not going to be adequate to address these
> international type conflicts and issues with myriad combinations of
> countries involved.

  In some very few cases you are correct.  But only a very few.  The rest
are covered under already existing Telecommunications trade agreements
or standard trade agreements.

> Disputes will occur and need to be resolved by some
> means.  The ADR is needed to help simplify and speed the resolution of
> disputes in a manner accessible to all.

  Which "ADR" are you referring ot here?  If it is WIPO's, that that is
ONE possibility, but certainly not the only one.  Again I would suggest
that you do a much more complete job of doing your homework here.

> I doubt nIANA can be
> effectively run without it, as the disputes will consume nIANA's time
> unless procedures set up somewhere else.

  Oh, here we go again, moving the IANA to  Geneva, huh?  Well that
is NOT going to happen.

> I think it will need to be
> addressed in the formation of nIANA, although portions could likely be
> delayed by delegating the ADR to some existing international
> organization until a better system is established.

  There have already been several good suggestions that have existing
ADR's or online dispute resolution mechanisms available.  Again do your
homework, Bruce.

>
>
> Bruce Burdick
>
> > -----Original Message-----
> > From: Roeland M.J. Meyer [SMTP:rmeyer@MHSC.COM]
> > Sent: Sunday, July 12, 1998 12:15 AM
> > To:   DOMAIN-POLICY@LISTS.INTERNIC.NET
> > Subject:      Re: WIPO as Internet mediator/arbitrator?
> >
> > There exists more
> > than adequate legislation, enforcement, and remedies, in the legal
> > systems
> > of this planet. We do not have to create yet another enforcement tool.
> > I'd
> > prefer this to never occur, but I'm willing to defer this until after
> > the
> > Entity is established.
>
>

regards,

--
Jeffrey A. Williams
DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com