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

[Konstantinos Komaitis <k.komaitis@xxxxxxxxxxxx>]

This is correct Frank, but sovereignty is not limited to this perception you 
are referring to (at least I think so). Although governments are entitled to 
the right of sovereignty, this right is neither absolute nor does it come 
without responsibilities. There are instances where sovereignty can be waived - 
e.g. In law this happens in cases where the jurisdiction to prescribe might be 
applicable.
Although ICANN cannot be compared to the ITU, ICANN is still an organization 
that, despite being nationally regulated, deals with an international resource 
and has acquired the consensus of the international community. So, if 
governments are participating within GAC and are able to use its structure to 
raise objections or question decisions, then I don't see how this is much 
different than participating in any other international organization. I am not 
trying here to elevate the standing of ICANN to a treaty-like organization, but 
at the same time we cannot treat ICANN differently depending on the issue at 
stake.

I hope this makes sense and it is just my perception of things.

KK


On 09/09/2010 03:29, "Frank March" <Frank.March@xxxxxxxxxxx> wrote:

sorry about the long delay in responding to this question.. I have been a bit 
busy since the call, catching upon sleep as well.

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. 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 <http://newzealand.govt.nz> - connecting you to New Zealand 
central & local government services

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