Re: [soac-mapo] RE: Note of GAC position on paying for objections

[Evan Leibovitch <evan@xxxxxxxxx>]

On 8 September 2010 22:29, Frank March <Frank.March@xxxxxxxxxxx> wrote:

>
> sovereignity arises from a perception (may not be the right word) that no
> country should be required to pay a foreign private entity for asserting its
> rights.
>

No country need pay ICANN to block a TLD within its own borders.

Arguably, objecting to ICANN is an attempt to asset one country's
sovereignty over other countries -- turning local policy into global policy
in the absence of treaty. As such, an ICANN TLD objection goes beyond
asserting rights within a country's own jurisdiction, so the above
perception is inaccurate in this context.

- Evan





> I am not familiar with international legal norms in this regard, others may
> be able to elucidate
>
> Counties pay fees to (eg) ITU but these are voluntary and ITU is in any
> case a treaty-based organisation.  The examples you mention are cases where
> the organisations are domestic and under relevant jurisdiction.
>
>
> ----
>
> Frank March
>
> Senior Specialist Advisor
>
> Digital Development
>
> Energy and Communications Branch, Ministry of Economic Development
>
> 33 Bowen Street, PO Box 1473, WELLINGTON
>
> Mobile: (+64) 021 494165
>
>
>  ------------------------------
> *From:* evanleibovitch@xxxxxxxxx [mailto:evanleibovitch@xxxxxxxxx] *On
> Behalf Of *Evan Leibovitch
> *Sent:* Thursday, 9 September 2010 7:31 a.m.
> *To:* Frank March
> *Cc:* Milton L Mueller; soac-mapo
> *Subject:* Re: [soac-mapo] RE: Note of GAC position on paying for
> objections
>
>
>
> On 8 September 2010 15:14, Frank March <Frank.March@xxxxxxxxxxx> wrote:
>
>>  Hi Milton:
>>
>> sovereignity in a word.  I am conveying my interpretation of what the GAC
>> would be likely to respond with based on discussion held in previous GAC
>> meetings.  I do not seek to justify but to inform.
>>
>
> Frank, I am puzzled by this. I do not understand the logical link between
> countries' assertion of sovereignty and their demand not to pay to do this.
>
> Countries pay for their own border maintenance, diplomatic staff, armies
> and every other means used to implement their assertions of sovereignty.
> What is the justification for being excused from bearing the cost of
> asserting such rights in this instance?
>
> For some reason I'm struck by a vision of a country attempting to try a
> case in the Hague and then appealing for Legal Aid.
>
> Someone please help me understand this point of view, beyond a universal
> instinct to get others to pay for one's own expenses if one can get away
> with it.
>
> - Evan
>
> newzealand.govt.nz - connecting you to New Zealand central & local
> government services
>
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