ICANN ICANN Email List Archives


<<< Chronological Index >>>    <<< Thread Index >>>

Time bars

  • To: <comments-irp-supp-procedures-28nov16@xxxxxxxxx>
  • Subject: Time bars
  • From: "Richard Hill" <rhill@xxxxxxxxx>
  • Date: Thu, 12 Jan 2017 10:04:50 +0100

Since ICANN is analogous to a government regulatory body for what concerns
certain aspects of Internet naming and addressing, the IRP is analogous to
an administrative law review/litigation.

Most legal systems have special rules for administrative law, even if the
regular courts handle litigation.  Most distinguish two separate types of
challenges: a challenge to a rule (or policy) versus a challenge to a
specific decision taken under some rule (or policy).  In the US, these two
types of challenges are referred to as a challenge to the rule making versus
a challenge to an adjudication, see for example:


In administrative law, there are time bar for both types of challenges, see
for example


The fact that there is a time bar for challenges to a policy does not
prevent subsequent challenges to decisions taken under that policy.

The reason for the time bar on challenges to a policy per se is to provide
legal certainty: people are entitled to know what the rules are that they
have to follow.  If a policy can be challenged at any time, then nobody can
know what the rules are.

And, again, the fact that a policy cannot be challenged per se after a
certain time does not prevent challenges to specific decisions taken under
the policy.

Richard Hill

<<< Chronological Index >>>    <<< Thread Index >>>

Privacy Policy | Terms of Service | Cookies Policy